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Ammunition Purchases From Out-of-State Residents

Discussion in 'Legal' started by pendennis, Jul 18, 2014.

  1. pendennis

    pendennis Well-Known Member

    The topic came up on another blog.

    Allegedly, the ATF is preparing to assist New York State in the enforcement of their firearms laws. They advised a New Hampshire gun dealer that he could not sell ammunition to New York residents when a portion of their restrictive firearms law goes into effect. They advised the FFL dealer that he would be notified when to start denying sales to New York residents. This raises a couple of questions:
    • Unless there are New Hampshire laws governing the sale of ammunition, just how does an FFL know if a buyer is from New York?
    • Is there a provision in FFL regulations that allows the ATF to demand that ID be required for ammo purchases for resident or non-resident purchasers?
    Or, is this just "tap room gossip"?
  2. Ammunition purchases....

    I bought .45acp in PA without any issues in 2013. I think my state checks DLs for handgun ammunition but I may be wrong.
    Some states are more strict than others.
    I would echo the words I heard from a senior ATF agent I met in NE Florida; "we don't care about ammo". :D
  3. RPRNY

    RPRNY Well-Known Member

    The New York STUPID Act (aka SAFE) prohibited non FTF ammunition sales from January 2014. We cannot buy loaded ammunition except face to face in New York. New York cannot prohibit ammunition sales to its residents in other states nor can the Federal Government interpret and enforce one state's law in another.

    A NH FFL May not SHIP ammunition to a NYS resident, although, theoretically, if the NYS resident purchased it DRY In NH....
  4. Praxidike

    Praxidike Well-Known Member

    Then what's the point of the law? What are they trying to accomplish? So NY residents "must" buy all loaded ammo from FFL? Are they allowed to receive it as a gift?
  5. mgkdrgn

    mgkdrgn Well-Known Member

    tap room gossip

    ATF has no interest in state laws, and even less interest in helping NYS enforce theirs. They don't have the staff/time to do their own jobs much less any one else s.
  6. splithoof

    splithoof Well-Known Member

    It is the duty of every American citizen to defy bad law. It's game on.
  7. plmitch

    plmitch Well-Known Member

    Less than interesting opinion.
  8. RPRNY

    RPRNY Well-Known Member

    Bloombergs minions wrote the law hastily and it was rushed through the State Assembly hastily. The law envisaged a State administered NICS type check for ammo purchases but the State police can't do it and the Feds won't do it for them. The law is aimed at hassling legal gun owners and diminishing the social acceptability and ease of gun ownership.
    Last edited: Jul 19, 2014
  9. lemaymiami

    lemaymiami Well-Known Member

    I'm not a resident of NY (thank heavens)... I can only hope that as this bad law gets enforced in any fashion the folks in that state will sort out their representatives and get it repealed....
  10. bikerdoc

    bikerdoc Moderator

    I work part time for an internet ammunition seller. We will sell and ship ammo to NY if,
    1 it is shipped to an FFL for face to face pick up. (There is a fee for pick up.)
    2 and said FFL has forwarded to us his FFL and executed our release of liability agreement.
  11. Jim K

    Jim K Well-Known Member

    I don't know if it is still in effect, but a couple of years ago, Maryland State Police demanded that some sellers of ammunition require purchaser ID and keep a record of ammo sales. Purchasers of ammo were checked to see if they legally owned a gun that fired that ammo.

    There was, and is, no law allowing them to do that, and ordinarily they could not spend state funds to enforce a fictional law. But they used money from a gun control group's grant, thus evading the law. There were reportedly threats of retaliation, including physical harm, by the MSP against dealers who refused to comply with their "request."

    Thus it goes in the "free state".

  12. KansasSasquatch

    KansasSasquatch Well-Known Member

    I believe the ATF can enforce state gun laws if they are being broken by interstate commerce. An Illinois resident might have to show their FOID card in Illinois to buy ammo, but if they travel to another state and purchase it they aren't required to show a FOID card. But I imagine they can't have ammo shipped to their door and I bet the ATF would enforce it and have it prosecuted if an online retailer/wholesaler were shipping ammo to Illinois residents.

    I assume the same would happen in NY now.
  13. But always remember.....

    Its for the children.

    Really, I read a online news article(not a 2A or gun press source) that about 48 of the 52 New York Sheriffs did not support or endorse the SAFE Act.
    Many of the NY county DAs didn't like it either but due to the hand ringing & public out-cry post Sandy Hook 2012 they weren't as vocal.

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