There are a lot ( I mean a lot) of misconceptions regarding Maryland's law on "High Capacity" magazines- both among civilians and even (more so) among law enforcement. So today we break it down Barney style and really find out what the deal is- are they legal?!
"High Capacity Magazines" for Firearms in
Maryland. Yes, They are Legal...
I am Ryan Gass with PTPGun.com. We
are the leading provider of quality Concealed Carry training in Maryland and at
each and every concealed carry class we hold we teach Maryland law. We even
have videos here on our YouTube channel that discuss it in depth. And I meet
people everyday, both civilians and law enforcement. But the specific topic
that I get THE MOST questions regarding- Maryland's ignorant law developed by ignorant
Anti-Citizen Rights politicians in Annapolis regarding "High Capacity
Magazines".
What is a magazine anyway? Na, we ain't talking Rolling
Stones or Guns n Ammo. Instead, A magazine is a device used to hold and feed
ammunition into a firearm's chamber. It is typically a detachable “box” that
can be inserted into a firearm's receiver. The magazine allows for consistent
loading and feeding of cartridges into the firearm, allowing continuous firing
without the need to manually reload after each shot. Magazines come in various
capacities and designs depending on the type of firearm and its intended use.
Such as this magazine for my Glock 17. There’s no correlation there, just a
coincidence. Or this one for my AR-15 chambered in 5.56. or this one for my bolt
action Savage Model 93 over my right shoulder.
Common semi-automatic handguns that people tend to use for
home defense or concealed carry, the standard capacity magazines is 15+ and
20-30 for many modern sporting rifles. This magazine for the Glock 17 happens
to hold 17 rounds. Theres no correlation there, simply a coincidence. The
standard size magazine for an AR-15 chambered in 5.56 is 30 rounds. The
magazine for my Savage 93 in .17HMR is only 5. But, contrary to common sense,
Maryland politicians have decided that any magazines over 10 rounds is a
"High Capacity" and needs to be overly regulated. This is in their
attempt to take a crowbar to the knees of gun owners, throwing a fit like Tonya
Harding because they are disgruntled that citizens of the United States,
including Maryland, have the Second Amendment that codifies ones right to self
defense their our ability to keep and bear arms in that pursuit.
Common Questions:
-Can I own a magazine that holds more than 10 rounds?
-How many magazines I can carry?
-What if I bought it before they moved the goal post from 20
rounds down to 10 rounds?
-What if I bought them after the implementation of the new
legal standard of 10 rounds?
-Can I have these magazines in my handgun or on my person
while carrying?
Or here are some specific questions found in the comments of
some of our YouTube Videos:
- BrianGreene4277: I have a p365 and have 2- 10round mags
& was given 3- 17 round mags from my relative in VA. can I bring them into
MD? can I use them at the firing range inD?
- @KRT10 What if you
GOD FORBID have to use your firearm for self defense with a high cap mag..
would that be used against you in court?
-@alexbungori6906 I know Maryland law you cannot buy sell
manufacture or transfer magazines over 10 rounds but why can you get them with
a new purchase? Many pistols are sold in Maryland at a ffl dealer comes with
magazines more than 10 rounds
Not to sound condescending but these questions are all
easily answered. All we need to do is read the actual law, so let's do that
now.
So what's prohibited? "A person may not manufacture,
sell, offer for sale, purchase, receive or transfer a detachable magazine that
has a capacity of more than 10 rounds of ammunition for a firearm"
Let's break this down Barney-style:
-Is the item in question a detachable magazine?
Yes.
-Does it have a capacity for more than 10 rounds of
ammunition for a firearm?
Yes.
-Now, while you are within the geographical bounds of
Maryland- are you attempting to manufacture it?
-Are you attempting to sell it to someone?
-Are you attempting to offer it for sale to someone?
-Are you attempting to purchase it from someone?
-Are you attempting to receive it from someone?
-How about transfer ownership of it?
-Then whatever you are asking is legal.
Maryland law enforcement officers can only arrest you for
conduct that is done in Maryland that violates the statutes as written and
signed into law- even if it violates your constitutional rights (there are
several that do in fact uphold the Constitution and won't arrest you under
ignorant anti-2A laws).
The burden is on the government, law enforcement officers
for example, to prove your guilt beyond a reasonable doubt- not the other way
around.
What do I mean by that? A person texted me the other day
asking "If you do have an over 10 round magazine and are found in
possession of it by a LEO, are you legally obligated to prove where you bought
it from out of state. in other words, do you need to provide a receipt for
purchase or is your word all you need to provide?
My response- "No, you are not required to prove your
innocence- it's the job of law enforcement to prove your guilt. Do not answer
any questions from them, see 5th Amendment"
Break down-
1. The law enforcement officer believes you received that
magazine in Maryland, in violation of Maryland law. But nothing leads them to
that belief other than your simple possession of it- which isn't a violation of
Maryland law (regardless of what they may incorrectly believe or try to mislead
you to believe, as evidenced in the screenshot above of the actual statute). If
they believe that you came to receive that magazine in violation of Maryland
law- it his their job to prove it. You need not participate in their
investigation in any bit. You are not required to answer any questions of law
enforcement at anytime. You right (not a privilege but instead a right) is
protected by the 5th Amendment of the U.S. Constitution.
2. Why do they even know you possess such an item? Answer no
questions as anything you say or do can AND WILL BE used against you. And it is
NEVER advisable to consent to any searches. Do not resist any lawful searches
that do not require consent but in the event of any search, be sure to calmly
but confidently make it clearly known that you do not consent to any searches
or seizures of your property. If they do not meet the constitutional standards
for a lawful search such as a warrant, probable cause or exigent circumstances-
anything found subject to that search will be inadmissible in court.
To summarize- nothing in Maryland law prohibits the
ownership, use, possession, carrying or a "detachable magazine that has a
capacity of more than 10 rounds of ammunition for a firearm".
I hope that clears up any confusion for you on "high
capacity magazines". Share this article with someone else that may be
confused on what the law says, whether they are a "law abiding
citizen" or even a law enforcement officer.
Want to learn from Maryland's leading experts in Concealed
Carry and the laws surrounding gun ownership? We would love to have you in our
next class if it isn't already sold out. Register HERE
Not today? No worries-in the meantime, watch this video to
learn more on Maryland Gun Laws
Blog on this topic of "High Capacity" Magazines
https://www.ptpgun.com/post/high-capacity-magazines-for-firearms-in-maryland-yes-they-are-legal
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https://www.youtube.com/watch?v=fI8ow-SLT7w&t=22s
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