Magazine Capacity Limits?

Here in NYC the handgun mag limit is 10 (downloaded to 7) and the rifle/shotgun limits capacity to 5, doesn't matter if it's a mag or a tube or any other feeding device.
 
You're trying to make sense of this, aren't you?
Thats not going to happen in MD.
Bringing an item into a jurisdiction from another jurisdiction is NOT "importing"? What is Maryland's definition of "importing"?
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First let me say catagorically I think this is utterly ludicrous too, but I didn't write, vote on, or pass the rules, thats our rulers job in MD.:rolleyes:


"Importing" is bringing in for sale or distribution, as opposed to transporting personal property. BTW.;)
 
wogpotter said:
"Importing" is bringing in for sale or distribution, as opposed to transporting personal property. BTW
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wogpotter, do you have a citation for that definition? I've browsed the MD statutes and cannot find anything applicable to that effect.

I found a definition as it relates to alcholic beverages:
(12) “Import” means to transport or ship, or to order or arrange for the transportation or shipment of, alcoholic beverages into this State from any other state, district, territory or country.
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I could not find anything related to firearms that defines "import" as you have, though.
 
wogpotter said:
"Importing" is bringing in for sale or distribution, as opposed to transporting personal property. BTW.
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Is that the legal definition applicable to the Maryland magazine law, or is that your definition?

The legislative intent of the law, certainly, was (and is) to limit the number of evil, "large capacity" magazines to the existing supply already in the state. If that is the legislative intent, then leaving a "loophole" by which MD residents can go out of state, purchase magazines they cannot purchase in MD, and then just cross back into MD would be rather contraproductive. I think the intent of "import" as used in the law is simply "to bring in from outside."

The Webster's definition of "import" as it applies to this context is

2
: to bring from a foreign or external source: as
a : to bring (as merchandise) into a place or country from another country
b : to transfer (as files or data) from one format to another usually within a new file
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You may be correct in your interpretation, but I think I wouldn't want to volunteer to become the test case.
 
FWIW I believe that the NYS, CT, and MA laws all specifically exempt integral tubular .22-caliber rimfire magazines from the normal 5 or 10rd limits. The NY law limiting the number of rounds placed in the magazine still applies, but the magazines (and the guns they're attached to) can still be brought into MA, NYS, and CT.
 
FWIW I believe that the NYS, CT, and MA laws all specifically exempt integral tubular .22-caliber rimfire magazines from the normal 5 or 10rd limits. The NY law limiting the number of rounds placed in the magazine still applies, but the magazines (and the guns they're attached to) can still be brought into MA, NYS, and CT.
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According to my reading of the CT law, not so. The new CT law grandfathers "large capacity" magazines that were legally possessed as of the effective date of the legislation. It was effective upon the governor's signing, so that was April 4 of 2013. As of April 4, it is NOT legal to transfer or to "import" magazines with capacity greater than 10 rounds into CT.

And now I'm going to have to go back and wade through the CT law again, to see if they defined "import." I'm pretty certain they used that word, and I interpreted it to mean simply "bring into the state." I don't think they meant to prohibit only bringing in for the purpose of reselling.

I guess I should also re-read the CT law to see if it addresses someone moving to CT who legally owns "large capacity" magazines in another state of residence. I don't even know if such a person would be allowed to bring his evil magazines into the state with him.

Quoting only the pertinent paragraphs. (I don't think the forum software would look kindly on quoting 139 pages of legalese.)

(2) "Lawfully possesses", with respect to a large capacity magazine, means that a person has (A) actual and lawful possession of the large capacity magazine, or (B) constructive possession of the large capacity magazine pursuant to a lawful purchase of a firearm that contains a large capacity magazine that was transacted prior to the effective date of this section, regardless of whether the firearm was delivered to the purchaser prior to the effective date of this section; and

...

(b) Except as provided in this section, on and after the effective date of this section, any person who, within this state, distributes, imports into this state, keeps for sale, offers or exposes for sale, or purchases a large capacity magazine shall be guilty of a class D felony. On and after the effective date of this section, any person who, within this state, transfers a large capacity magazine, except as provided in subsection (f) of this section, shall be guilty of a class D felony.

(c) Except as provided in this section and section 24 of this act: (1) Any person who possesses a large capacity magazine on or after January 1, 2014, that was obtained prior to the effective date of this section shall commit an infraction and be fined not more than ninety dollars for a first offense and shall be guilty of a class D felony for any subsequent offense, and (2) any person who possesses a large capacity magazine on or after January 1, 2014, that was obtained on or after the effective date of this section shall be guilty of a class D felony.

(d) A large capacity magazine may be possessed, purchased or imported by:

(1) Members or employees of the Department of Emergency Services and Public Protection, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties or when off duty;

(2) Employees of a Nuclear Regulatory Commission licensee operating a nuclear power generating facility in this state for the purpose of providing security services at such facility, or any person, firm, corporation, contractor or subcontractor providing security services at such facility; or

(3) Any person, firm or corporation engaged in the business of manufacturing large capacity magazines in this state that manufactures or transports large capacity magazines in this state for sale within this state to persons specified in subdivision (1) or (2) of this subsection or for sale outside this state.

(e) A large capacity magazine may be possessed by:

(1) A licensed gun dealer;

(2) A gunsmith who is in a licensed gun dealer's employ, who possesses such large capacity magazine for the purpose of servicing or repairing a lawfully possessed large capacity magazine;

(3) Any person who has declared possession of the magazine pursuant to section 24 of this act; or

(4) Any person who is the executor or administrator of an estate that includes a large capacity magazine, the possession of which has been declared to the Department of Emergency Services and Public Protection pursuant to section 24 of this act, which is disposed of as authorized by the Probate Court, if the disposition is otherwise permitted by this section and section 24 of this act.

(f) Subsection (b) of this section shall not prohibit:

(1) The transfer by bequest or intestate succession of a large capacity magazine, the possession of which has been declared to the Department of Emergency Services and Public Protection pursuant to section 24 of this act;

(2) The transfer of a large capacity magazine to a police department or the Department of Emergency Services and Public Protection; or

(3) The transfer of a large capacity magazine to a licensed gun dealer in accordance with section 24 of this act.

(g) If the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, it may order suspension of prosecution in accordance with the provisions of subsection (h) of section 29-33 of the general statutes, as amended by this act.
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And "import" is not defined. Perhaps Spats McGee and Frank Ettin can read legalese better than I, but it appears to me that people moving into CT are NOT allowed to bring "large capacity" magazines with them.
 
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It has always been that way in MD, but I'll go & try to find the actual text & post it. You have to remember that MD has word-managed things to such an extent even they get lost & mess up, this is one of those times.

Edit: OK here it is chapter & verse.

"§ 4-305. Detachable magazines - Prohibited.

(a) Scope of section.- This section does not apply to a .22 caliber rifle with a tubular magazine.

(b) Prohibited.- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.

The state of MD uses the literal text as its rules, because they forgot to list "posess", posession is not illegal. Because MD state law only applies in MD its not illegal (under MD law) to do things outside the state of MD, (provided its legal at the location where the act takes place). Once you've (legally) purchased the magazine then you own it & posess it, even if you are entering, leaving or passing through MD. Posession isn't illegal under the law so your posession is legal.:cool:

You can't have it shipped to you because then you don't posess it, BTW just to confuse the issue utterly!

That is the State of Maryland's interpretation, not mine.:confused::D:eek:
 
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wogpotter, I haven't done comprehensive research on MD law on this, but . . . I think you've probably "reached the right result, but for the wrong reason." IOW, I think you're right in that you can possess 20+ round magazines, but I'm not convinced that the definition of "import" is any different in MD than it seems to be anywhere else. I don't think that
wogpotter said:
"Importing" is bringing in for sale or distribution, as opposed to transporting personal property. BTW.
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Importing still = "bringing into the state" without regard to purposes. However, if you had a magazine shipped to you (importing), you would have to "receive" the magazine, which is illegal. If you possess it when you cross into the state, the "receiving" part happened outside the state and you now just "possess" the magazine.
 
Pretty much. Note that "Import" isn't on the itemised list they use either, so thoeretically you can import using the decision-making process they used for peresonally bring in your "Posessed" property.

Unless of course you decide the "transfer" doesn't occur in the state where it was bought & paid for, but the state where it was recieved.

& yes, it is a horrible, nonsense mess.:D
 
Aguila Blanca said:
According to my reading of the CT law, not so. The new CT law grandfathers "large capacity" magazines that were legally possessed as of the effective date of the legislation.
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I was only addressing .22-caliber tubular magazines. Perhaps I did not make this adequately clear.

The CT law does in fact specifically exempt such magazines; see below (emphasis mine).
Sec. 23. (NEW) (Effective from passage) (a) As used in this section and section 24 of this act:

(1) "Large capacity magazine" means any firearm magazine, belt, drum, feed strip or similar device that has the capacity of, or can be readily restored or converted to accept, more than ten rounds of ammunition, but does not include: (A) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds of ammunition, (B) a .22 caliber tube ammunition feeding device, (C) a tubular magazine that is contained in a lever-action firearm, or (D) a magazine that is permanently inoperable...
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I recall that both the MA and NYS laws contain a very similar "Marlin Model 60/75/99" exemption. I didn't remember the lever-action exemption, and I don't have time to look for it right now. :)
 
444 said:
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Another questions: you are saying that possession of magazines larger than 31 rounds is legal as long as you don't insert them into the weapon ?

Do you have any links to where I can read more about this ?
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I believe what your asking is true. The 31 round limit basically allows us to use 30 rnd mags plus 1 in the chamber.

Here is part of the ORC.

Ohio Revised Code (RC) 2923.11(E)

(E) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges.



Additional

(Note: It is not illegal to own or possess magazines with capacity greater than 30 rounds; so long as they are kept separate and apart from a firearm designed to accept it. The magazine only violates Ohio law once the magazine is inserted into the firearm, "adapting" the firearm to fire more than thirty-one cartridges without reloading.)
 
Kimber84
Thanks for the update.
I have read about this several times before, but the wording was throwing me. The FIREARM is considered a machinegun if it has a greater than 31 round capacity mag in it.
So, I guess if you have a legally registered machinegun, it's OK to have a magazine of that contains more than 31 rounds.

That's also good to know about the possession of the magazines themselves. I also never realized that .22s were OK with larger capacity magazines as well as action types that are not semi-auto.
 
Interesting read, Is there a web page anyone knows of that references current as well as proposed gun laws that one can check to keep a top of changes?
 
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