possession of high capacity mags in MD

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cpileri

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"Possession is not prohibited"
i.e you can go from Maryland, drive to wherever, buy any high-cap you wish and bring them back. No laws broken.

All the shops and etc say the same thing.
But...
Where can I quote an actual legal statute or law or whatever to back that up?
(reference pls!)
C-
 
36H-5. Detachable magazines.
(a) Applicability. This section does not apply
to:
(1) The personnel or to the agencies specified
under § 36H-2 (1) through (4) of this sub-
heading; or
(2) A transfer described under § 36H-2 (5) or
(6) of this subheading.
(b) Detachable magazines. A person may
not manufacture, sell, offer for sale, purchase,
receive, or transfer a detachable magazine for
any type of firearm, except a .22 caliber rifle with
a tubular magazine, if the magazine has a
capacity of more than 20 rounds of ammunition.
36H-6. Penalty.
(a) Violation of any provision. Any person
who violates any provision of this subheading is
upon conviction guilty of a misdemeanor and
subject to imprisonment for not more than 3
years or a fine of not more than $5,000 or both.
(b) Use in felony or crime of violence. Any
person who uses an assault pistol, or a
magazine that has a capacity of more than 20
rounds of ammunition, in the commission of any
felony or any crime of violence as defined in §
441 of this article shall be guilty of a separate
misdemeanor and on conviction thereof shall, in
addition to any other sentence imposed by virtue
of commission of the felony or misdemeanor:
(1) For a first offense, be sentenced to the
Maryland Division of Correction for a term of not
less than 5 nor more than 20 years, and:
(i) It is mandatory upon the court to impose no
less than the minimum sentence of 5 years no
part of which shall be suspended; and
(ii) Except as otherwise provided in Article
31B, § 11 of the Code, the person is not eligible
for parole in less than 5 years; and
(2) For a second or subsequent offense, be
sentenced to the Maryland Division of Correction
for a term of not less than 10 nor more than 20
years, and it is mandatory upon the court to im-
pose no less than a minimum sentence of 10
years which shall be served consecutively and
not concurrently to any other sentence imposed
by virtue of the commission of the felony or mis-
demeanor.

http://www.atf.treas.gov/firearms/statelaws/maryland.pdf
 
So using a >20 round mag in a crime is punishable by at least 5 years in the slammer? :rolleyes:
Less than a year to go before I can leave this state forever, and I cant wait.

Kharn
 
so far no good

I can't see anywhere in there that says possession is not prohibited!
So far, looks like all bad.
C-
 
I can't see anywhere in there that says possession is not prohibited!

What? You don't need a law to tell you what you can do. If they doesn't say you can't possess them, then it's ok.
 
i would agree

Maybe in the United States of America, that's true.

But I'm rotting here in maryland. But like Kharn, I am OUTTA HERE in a year!

C-
 
cpileri: If it is not explicitly prohibited in the law, it is allowed. Everyone I know that is into guns drives to VA/PA/DE, buys their >20 rounders and brings them back, its perfectly legal. My cousin always happens to have the exact quantity of AK/AR mags I am looking to buy when I drive over to his place in VA for a visit. But I have to put up with a lot of "You had to wait 7 days to buy a handgun, who the heck would ever think that up? :neener: "-type ribbing, so sometimes it doesnt seem worth it.
I've also bought AK mags from a gunstore in Delaware that is very knowledgable on MD laws (they're the only retail dealer within like 20-30 miles and are sitting very close to the MD/DE border, so lots of their sales are to MD residents either over the counter or transfering the guns to a kitchen table guy in MD for the paperwork).

Kharn
 
Dammit! I thought I would be breaking the law by going out of state for 30rd AR mags. What a letdown! I guess I will have to do something drastic like put a bayonet lug on my post ban AR15. Al
 
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