Discussion in 'Handloading and Reloading' started by Charlie Martinez, Apr 2, 2021.
Would this be legal?
Ammo you reloaded and are selling, not without the appropriate licensing.
Manufacturing license, excise taxes, and liability insurance. All the aforementioned hurdles are not for the weekend reloader for friends. I
I would be wary of anything that makes you look like a manufacturer or a business, such as selling to strangers for a profit, advertising your services, etc.
BIG favor with current ammo prices so it is win-win.
I also concur that the issue liability for the use of reloaded ammo by any third party is an issue in addition to the proper licensing concern.
That is a good point. I have done essentially this on three occasions. One guy declined, one guy came over and loaded a couple of boxes, paying me for the components (we used his brass), and one guy turned into a handloader himself and picked my brain for several months as he bought equipment and refined his process. Even though it was many years ago, I still look back on it with pleasure.
1. The ITARS requirement is gone for small arms ammunition.
2. There is no federal requirement for insurance.
3. Each state and locality has a different definition of what constitutes a home business, commercial enterprise, need for liability insurance, and any related permitting requirements.
4. Reloading ammunition and manufacturing ammunition are two different things. There is some grey here. Producing ammunition from all new components with the intent of selling it for profit is a clear and concise description of manufacturing ammunition. Reloading a previously expended cartridge provided by the other party (usually the brass case) for a reasonable charge for the cost of components used, and not done with the express intent of profit is NOT considered manufacturing by the ATF. This is where it would be up to you to dig into your local laws. So, TLDR; Reloading ammo with the intent of selling it for profit, especially if you use all new components, may constitute manufacturing. Reloading for you friends that bring you their brass, and reimburse you for the cost of the components is not manufacturing, but may not be legal in your state or local jurisdiction.
Do you honestly believe one's risk of litigation would be any less if the ammo were given rather than sold?
Whenever I see threads regarding sharing of reloads, someone always comes up with the legal liability cost issue. For any of those who may be reading this, have you ever sold a used firearm or would you destroy one first before allowing possible liability risk to arise from such sale or gift?
better than selling ammo and getting into legal stuff ... have a reloading party and teach your buddies about reloading! then have a poker party with ammo as chips
If the round itself caused the issue, probably not. If the round did NOT cause the issue, then probably.
Not a bad idea but unfortunately I am a lousy poker player.
alright, so I’m invited then???
dont all the ATF.... just don’t sell your reloads man!
Should I sell reloads?!?!?!, call ATF, .... better hide your dog
Oh, that’s right, you can’t. He’s in a federal prison. He had been previously warned by ATF as he was selling reloaded 5.56 at gun shows.
I was a class 6 manufacturer back in the early’80’s before the McClure-Volkmer bill allowed mail order sale of reloading components to non licensed persons (only ffl holders could ship or receive powder, primers, or bulk bullets.... reason I got into casting...).
I had ffl license, business license, and liability insurance. Insurance was 1,500/yr for $1,000,000 policy. Before first round sold!
After I could buy powder/primers/bullets from distributors w/o license I gave it up. I was selling 500,000rds a year mostly to local PD’s and LEO’s. .38spl. After 9mm craze started, everybody wanted jacketed bullets and could buy factory bulk for less than I could reload it.
Then, the Clintons raised the cost of license renewal to $500/yr just as my license was set to renew (had been $60/3yr).
Not worth the hassle or risk.
When I saw in the news they were going after the reloader, that got my attention. I never sold any reloads, nor thought about it. But back in '13 I sold a handgun to a guy I know well. I gave him a box of reloads to go with it, as ammo was hard to come by then as now. After they grabbed the guy that did the reloads, I determined I wasn't going to chance that again. I know it isn't the same scale, but I like my doors intact.
He also had a web page, and was selling loaded AP ammo (not just SS109s, but AP). By the way, a type 06 FFL is 30.00 and has been for as long as I can remember. Ammo manufacturing specific liability and structure insurance starts around 2500 now.
Let's be clear...that guy wasn't a "reloader" he was flat out manufacturing. He had a HUGE setup, was selling at gun shows, selling to local shops, and selling online. He was way off the reservation........beyond any stretch of the rules, and had no viable defense at all.....hell, his website was still up and running when he was arrested. LOL, the genius even had branded, custom printed boxes...which is how they caught him.....the vegas shooter still had ammo in the original boxes with the guys name and addy on them.
Separate names with a comma.