M*CARBO Brotherhood

Maryland over 10 rounds

Nope. Illegal. You can’t technically give someone a magazine of over 10 round capacity within the borders of the state. I could take said friend in my car, drive over the nearest state line, give him the mag and then drive home. That would be legal.

Correction…you could do that, but if caught it is an unlawful act.

NOT true! Maryland does NOT ban possession of magazines with a capacity greater than ten rounds. So long as the transfer takes place out of state, e.g., I hand them to you in PA or VA, and you return to MD, you are entirely legal to possess them in Maryland.

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The devil’s in the details @JamesCanby, that’s what I said. Capacity is not an issue in Maryland when it comes to possession, only transfer within the state borders. @TexasEskimo asked if the mags could be sent to someone else in a different state (Texas), reboxed by that person then sent to the original address within the state having the mag cap limit (Maryland). Doing this would be illegal in the state of Maryland as it constitutes a transfer within the state borders of magazines with a capacity of over 10 rounds. It is no different than an online gun shop sending high cap mags to someone Maryland (other than an FFL), it is not lawful.

To be clear, transfer means to buy, sell and gift/give. But, in fact, there’s more to it, I believe the manufacture of mags over 10 rounds is illegal in the state as well.

I cannot legally give my next door neighbor a 30 round AR magazine, if I do I have technically broken the law as that is a transfer within the state borders. If my neighbor and I hop in my car, drive over the Delaware state line, I can then give him that 30 round mag, turn the car around and return to Maryland. Perfectly legal, but absolutely absurd.

The edit I added (which you highlighted in bold) was intended tongue-in-cheek, as people say, “it’s only illegal if you get caught”… :wink:

As I remarked previously, it is a foolish ban for a number of reasons:

  1. Mag cap has been shown to have no difference in the outcome of criminal shootings (however that high cap mag might come in handy in a home defense situation, but they do not care about defending yourself in this state, the criminals have more rights than the law abiding citizens in most cases…)

  2. The law as it stands robs Maryland businesses of income and the state of sales tax, they are literally driving commerce out of the state.

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Some online vendors have issue with the location of the person paying for the transaction and they will not allow you to purchase them even if the order is being sent to another state where they are legal. Some don’t seem too concerned and others put the onus on you, stating you must be responsible and know your state’s gun laws. Regardless, if your son lives in WV and he buys say (10) 30 round AR mags (for you) and has them sent to his address in WV, it is perfectly legal for him to give you those mags or for you to buy them from him (pay him back, essentially) the next time you visit him in WV. You could even Paypal him the funds before you even make the trip. So long as that transaction doesn’t violate WV gun laws, if the transfer takes place outside of MD, it is legal for you to take possession of them in WV and return home to MD.

In the case of high cap mags from a gun shop (FFL), they have a few options. Let’s say you order a Ruger AR556 model 8529 from your LGS (it’s got an HBAR, so it’s only one of two Ruger ARs that are legal in MD), but this gun is only offered with a 30 round mag from the manufacturer. They order the gun for you and they can legally receive the 30 round mag when the gun arrives, but they cannot legally give you that magazine. They can send it to your son in WV and you can pick it up from him when you visit at Thanksgiving, they can disable the magazine by drilling and riveting it, essentially making it unusable as a magazine (temporarily) and therefore legal to transfer or they can just confiscate the magazine and you’re SOL. I know this from personal experience as I own a Ruger AR556 model 8529, legally purchased from a legit gun shop in the state of Maryland…see 30 round AR mag photo above… :wink:

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OK, that was an enlightening read, now I thought I would ask a question, maybe I missed it in the post.
What is the fine, how harsh, directly to jail, slap on the wrist (optional warning) citation with a hefty fine and/or time? Not trying to open up an issue, say you were stopped, is it common practice to thoroughly search your vehicle for a possible traffic violation?
Cheers,

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Good and valid question, and to be honest I have no idea what the penalty is. I suspect at the least the mags would be confiscated if there was clear evidence of an illegal transfer (caught in the act?). I don’t suspect there’s a special “Magazine Transfer Violation Division” of the Maryland State Police, tasked with busting violators of the transfer legislation. :grinning:

Regarding being stopped, as I understand it unless you have a carry permit in the state of MD (@JamesCanby could probably help us here), you are not required to even tell the police you have guns in the vehicle. If you do have a carry permit, I believe you are required to tell the officer you are packing. That said, there are very specific laws for traveling with guns in the state. Since I do not have a carry permit, my guns are not to be accessible from the passenger compartment and guns, ammo and mags are supposed to be in separate containers. Magazines are not to be loaded. I asked a former MSP officer about this not but two weeks ago at the range, specifically regarding my pistol case. It has many spots for mags within the case, which technically means I’m mixing mags with the firearms. He said generally that is not going to be a problem. Now if those mags were loaded and the case was in the passenger side footwell, and he could see the gun case when approaching my car to address me, that could be another matter as I’ve violated a number of points and he now has every right to be concerned and dig deeper. Probably would result in searching the car and, if not cooperative, probably being written up for a number of infractions, aside from the one I got pulled for in he first place.

As I’m not doing anything illegal and I’m not the type to get prickish with the police, I don’t think I’d have any issues being pulled over, search or not. If I was asked, I would be honest and tell them there are guns in the vehicle as well as how many and where they are located. I have nothing to hide. Hell, when I’ve been pulled in the past (without guns in the car), when I am asked to produce reg and insurance (which I keep in my glovebox), I tell them where it is and that I am going to reach for it so as not to alarm them. Doing so has never elicited more than a casual “Okay” or “That’s fine”. I am conveying to them that I am not a threat and that I do not plan on being difficult.

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Ya, sometimes if it’s not to bad, just as well to chock it up to “the cost of doing business”. Just throwing it in. BTW, did you folks miss this. Free giveaway until tonight from Chris. Thought you might want to know in the event you missed it.

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Hey @chilipepper

That sounds straight forward and in your situation not mandatory disclosure if you followed the law to the letter, your fine. An interesting decision that somebody would have to make with limited time to mull it over when your stopped. Knowing the infractions, if any, and the consequences could be important. Sounds like the enforcement are lenient enough, at least in your situation.

And because of your transparency, good rule to live by. Your quick thinking and demeanor in that situation was well thought out.
Cheers,

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Sound policy.
Here’s what I do, learned from LEO training:

Pull over, wind down window, turn on interior light, turn off engine, hands on top of steering wheel.
When asked for documents, I tell the Officer the location of the documents and if I’m carrying I’ll produce my CCW permit along with everything else. If I have guns in the trunk I will tell him about those too.
I usually get asked where the concealed gun is located on my person and will usually be told to just keep my hands high in the wheel.
It’s all about respect, works both ways.

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Well said, remember this scene, classic?

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I do something similar, outlined it here in a post some months ago. I’ve found that a little courtesy goes a long way. It’s important to understand they have absolutely no idea who you are and what you’re up to, so their caution in approach is warranted. They seem to appreciate it when your proactive behavior indicates you aren’t intent on being a problem for them.

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Oh yeah, Sheriff Buford T Justice.
All time favorite movie along with Bullitt and Dirty Harry, they don’t make them like that anymore.

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I usually roll down all four windows to make the LEO feel more secure. My windows are legal but pretty heavily tinted.

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I was driving the taxi and got called to a residence out in the county. I got there and the female RP told me she had been hit in the head with a bottle. She had an angry red bump on her head to prove it. We drove down to the end of the block (out of sight of the house) and I called the sheriff’s office. Deputies arrived shortly and I informed them that I was licensed and had a .45 on my L hip Condition 1 (better to draw while seated). Deputy 1: Okay, no problem.
After a few minutes, Deputy 1 comes to me and asks me to display and disarm. I say okay and do as requested. I ask him why now, it’s been several minutes since we made contact. He tells me “Believe me, I would prefer you stay armed in case I need you, but the Sargent (Deputy 2) wants you disarmed.”
Every LEO is a different person with different experiences. Just treat them with the respect and courtesy they deserve as humans, and, in my experience, all will be fine.
BTW, they arrested the POS who hit her with the bottle without incident. Sorry SOB.

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They can take issue with the tint, suppose I can’t blame them, though…

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Once got pulled over for “allegedly” speeding (strange that happens alot). I presented my LTC and drivers license as required in Texas. The officer asked me if I had a weapon in the car and I confirmed. I then asked him “What would you like me to do to make you feel safer?”. His reply was priceless… “Don’t show me yours and I won’t show you mine”. Lol.

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I also put my wallet on the dashboard before the officer walks up and keep both hands on the top of the wheel. When asked for ID and registration, I’m not reaching where he can’t see and the registration is on the visor. And always be courteous, or at least non-confrontational.

Been pulled over twice in the last 25 years and both of them were for expired plates. The first was by a state trooper, and he didn’t cite me because I worked on his laptop several times. The other was by a local cop who I often shoot with at the lgs and he didn’t cite me either. I don’t exactly have a get-out-of-jail-free card, but… LOL

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Must have been your knowledge of his porn history… :laughing:

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That’s damn funny right there!
:rofl::+1:t3:

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I once had to work on a laptop for a SWAT team guy, and while I’ve got it in pieces on the table, his team mates all come in from the range and start cleaning their rifles. I said, “this computer would go a lot faster if you didn’t load it up with all this internet porn,” and his buddies all piled on. It was hilarious.

Seriously, state troopers get more virus infections on their laptops than any other agency (I work on all state agency computers).

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What else are ya gonna do during a 10hour shift and get 3 calls???

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