We teach Maryland Law at each and every concealed carry class we hold. We have videos teaching on the topic on our YouTube. I meet people everyday, civilians and law enforcement. The specific aspect of Maryland law 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 Vogue, ect. Instead, the element of firearm(not all firearms have a magazine) that feeds ammunition through the action into the chamber to be fired.
Often, the standard size magazine is 15+ for many handguns and 20-30 for many modern sporting rifles. The standard size magazine for an AR-15 is 30 rounds of ammunition. But Maryland politicians have decided that the standard for a "High Capacity" magazine is anything over 10 rounds, in their attempt to take a crowbar to the knees of gun owners like Nancy Kerrigan because they are disgruntled that citizens have the Second Amendment.
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Common Questions:
-Can I own a magazine that holds more than 10 rounds?
-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?
Yes. Yes. Yes. Yes.
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.
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