Maryland hicap mag question

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hjaeger

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Aside from the federal (AWB) prohibition on selling new mags over 10 rounds, what does Maryland law do relative to standard capacity magazines? I remember reading somewhere that magazines with capacities of greater than 20 rounds cannot be sold/transferred in this state, although I am unclear on this.

I would appreciate it greatly if someone could shed some light here; I probably could look this up but the clarity of answer given by someone here on THR would be best, thanks.:)
 
MD Code, Title 1, Subtitle 3, 4-305(b) - Detachable Magazines - prohibited.
A person may not manufacture, sell, offer for sale, purchase, recieve, or transfer a detachable magazine that has a capacity of more than 20 rounds for a firearm.

Nothing in this law prohibits possession, nor does it prohibit you from buying your 30-round AR mags out of state.

- Chris
 
Excellent! I'm afraid, however, that it is only a matter of time before this particular "loophole" is attacked and legislated out of existence.

Thanks for the rapid response and information.

Potomac? I live off of DuFief Mill.

Good to see another THR member this close! Maybe someday we will meet up?
 
I don't know for a fact, but I suspect that no one has ever been prosecuted for violating this provision. However, exercise caution. Note that MD law forbids "purchasing" over 20 round magazines. This can be reasonably construed, in my opinion, to encompass calling a mail order dealer while in MD, placing your order, and having then shipped to an out of state address. I would think the way to minimize exposure would be either to go out of state to purchase, or at least go out of state to place your order by phone or internet. This is out of an abundance of caution.
 
Generally speaking, there are two parts of a transaction: The tendering of money, and the reciept of the goods. Usually, when the two elements take place in different jurisdictions, the reciept of the goods takes priority.

My (I'm not a lawyer, ymmv) advice is: Make sure both elements of the transaction provably occur in a different jurisdiction where such a transaction is provably lawful.
 
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