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Selling reloads

Discussion in 'Legal' started by Grassman, Dec 28, 2008.

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  1. Grassman

    Grassman Member

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    Is it against the law to sell reloaded ammo? This may be a really stupid question, but I don't know? I thought about selling some ammo to support my loading habit, or is that a big no-no?
     
  2. rcmodel

    rcmodel Member in memoriam

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    Perfectly legal, if you have a manufacturers license from the AFT.
    And a butt-load of liability insurance!

    And pay Federal Excise, Income, State & Local taxes on the sales.

    rcmodel
     
  3. Birdhunter1

    Birdhunter1 Member

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    What if I were to sell a rifle and the ammo I had loaded specifically for that rifle?

    I am not planning on doing this but if I were to sell my AR-15 I'd be as well off to sell the ammo I have loaded specifically for that rifle as it won't shoot worth a hoot in my other .223.
     
  4. rcmodel

    rcmodel Member in memoriam

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    I am not a lawyer.

    But I don't believe you would be considered by the ATF to be "in the business" of making and selling ammunition if you sold the ammo with the gun in a one-time transaction.

    I might consider getting a signed "Release of Liability" statement from the buyer though.

    rcmodel
     
  5. Geneseo1911

    Geneseo1911 Member

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    Once again, I'm not an expert, but I've never been to a gun show where someone wasn't peddling ziploc baggies full of reloads.
    It's your property and you can do with it as you please. I also know I've never seen anything regarding it in the IL comb. statutes; not sure about TX.

    If the alphabet gang can prove you are in the business however, that -may- be a different story.

    I won't be buying your ammo, nor will most anyone else here. Nothing personal, but I would only use ammo I loaded myself, or that loaded by a person or company with deep enough pockets (or insurance) enough to pay for my gun and medical bills if they screw up. Even then, I'd rather not experience a kaboom.
     
  6. BADUNAME37

    BADUNAME37 Member

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    I heard that it is a felony to reload for anyone but yourself.
     
  7. ilbob

    ilbob Member

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    You need an ammo manufacturing license from the ATF to make ammo for sale.
     
  8. rcmodel

    rcmodel Member in memoriam

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    Probably some guy selling crack in the parking lot too.
    But that doesn't make it legal.

    rcmodel
     
  9. Geneseo1911

    Geneseo1911 Member

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    Well, after looking in my conveniently bookmarked "Handbook of Federal Firearms Regulations", I stand corrected. A license is required. I'd like to know how these guys at shows get away with this.
    With the way the ATF usually operates, I would think they''d have to prove they didn't load them.
     
  10. thirdeagle

    thirdeagle Member

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    I included some reloads in a recent transaction. I don't reload but "my guy" does. He has an FFL so I can only assume he's licensed to make and sell his own ammo, including reloads. He sold them to me and they're as good if not better than any "factory" ammo I can lay my hands on locally.
     
  11. BADUNAME37

    BADUNAME37 Member

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    Maybe it's those guys who are doing the selling, or maybe they kind of make it look like anything goes at this show, when in reality, they are watching EVERY MOVE.:scrutiny:

    You know, waiting for the BIG ONE!
     
  12. fog

    fog Member

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    you have to have a different ffl license dealing with manufacture of ammo however you can reload for people only if you have one persons stuff on bench at a time (cant do for more at a time) camr directly from my atf agent when he did my inspection
     
  13. mgregg85

    mgregg85 Member

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    What about trading with reloads? Or does that fall under the sale law as well?
     
  14. NavyLCDR

    NavyLCDR member

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    Just for info, this is what the Federal law defines as manufacturing and engaged in business. You can sell your reloaded without a license only to recover the cost of materials but you can't charge for your labor or make a profit on the materials.

    (10) The term “manufacturer” means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term “licensed manufacturer” means any such person licensed under the provisions of this chapter.

    (21) The term “engaged in the business” means—
    (B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;
     
  15. ar10

    ar10 Member

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    Are you telling me that last batch of 100000 reloaded 9mm I sold to some guy from another country at the gun show is illegal:confused::confused::confused:
     
  16. Thin Black Line

    Thin Black Line Member

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    Last seen printed under a sign also reading "Welcome to Deadwood" somewhere
    in the the western territories in the 19th century...

    BTW, welcome to 21st century Amerika.
     
  17. SpecialKalltheway

    SpecialKalltheway Member

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    "(21) The term “engaged in the business” means—
    (B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;"

    so if it's irregular then it's ok?

    I actually searched for this thread not to just crack a joke, but was wondering if anyone knew what it takes to get licensed to sell reloads?
     
  18. woof

    woof Member

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    If you are going to let reloads go with a rifle make the selling price the rifle alone and give the ammo away.
     
  19. TexasRifleman

    TexasRifleman Moderator Emeritus

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    "In the business" does NOT mean just making a profit.

    The ATF definition also includes, besides profit:

    It says "and" profit, not "or". So the elements must both be present, profit AND a principal objective of making a livelihood. This would appear to allow the occasional sale of personal items, even for a profit.

    ATF also published a rule, 75-31 that says in part:

    It would appear from those writings that OCCASIONAL sales of ammo and firearms, even for a profit, is legal.

    But then you have to argue about when it becomes "habitual" or "continuous".

    But, simply making a profit does not by itself constitute "in the business".
     
  20. Buck Snort

    Buck Snort Member

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    There ain't NOBODY buy'n my reloads.
     
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