The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Closed Thread
 
Thread Tools Search this Thread
Old October 1, 2014, 04:00 PM   #1
SpringOWeiler
Senior Member
 
Join Date: February 28, 2014
Location: Washington (Dry Side)
Posts: 116
Selling Reloads in 1 on 1 personal transactions

Are you required to have insurance or a license to sell reloads in small quantities? This would mostly be to friends and references.
SpringOWeiler is offline  
Old October 1, 2014, 04:06 PM   #2
Mosin-Marauder
Senior Member
 
Join Date: April 18, 2014
Location: North Carolina
Posts: 2,320
Nope. I've bought reloads from people. Just be aware of their reloading experience.
__________________
Proud owner of three (four-ish) pieces of history!
K-31, Mosin-Nagant M91/30, M24/47 Mauser, Norinco SKS.
"You might as well appeal against a thunderstorm..."
William Tecumseh Sherman
Mosin-Marauder is offline  
Old October 1, 2014, 04:07 PM   #3
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 18,457
I don't have an answer to your question. Personally, I would never even give away my reloads to anyone, friend, reference, or worst enemy. If the recipient should be injured in any way that even might possibly be related to my reloads ... there isn't an insurance policy big enough to cover that.
Aguila Blanca is offline  
Old October 1, 2014, 04:11 PM   #4
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 18,457
Quote:
Originally Posted by Mosin-Maruader
Nope. I've bought reloads from people. Just be aware of their reloading experience.
And you know, absolutely without any doubt, that they have neither a license nor insurance? Or did it just not occur to you to ask?

There is a license to manufacture ammunition. I don't know at what point the BATFE deems that one needs a license, but "common sense" suggests that it would be when you start taking money and selling ammunition. Once you take money, you're a business.

As for insurance -- whether or not a license is required, IMHO it would be just plain foolish to be putting your reloads in other people's hands without having a very healthy insurance policy that you know will cover you if one of your reloads takes off a finger or a hand.
Aguila Blanca is offline  
Old October 1, 2014, 04:11 PM   #5
kilimanjaro
Senior Member
 
Join Date: November 23, 2009
Posts: 3,963
Manufacturing ammo requires licenses, local, state, and federal.

If you want to make some ammo for your buds, invite them over and the two of you make it it together. Should keep you legal.

I wouldn't expand beyond close buddies. No referrels, no informers.
kilimanjaro is offline  
Old October 1, 2014, 04:22 PM   #6
zxcvbob
Senior Member
 
Join Date: December 20, 2007
Location: S.E. Minnesota
Posts: 4,720
Required by whom?
__________________
"Everything they do is so dramatic and flamboyant. It just makes me want to set myself on fire!" —Lucille Bluth
zxcvbob is offline  
Old October 1, 2014, 04:43 PM   #7
SpringOWeiler
Senior Member
 
Join Date: February 28, 2014
Location: Washington (Dry Side)
Posts: 116
I'll search the BATF's website for a more through answer. I would suspect it's non applicable by the fact that state laws supersede when products don't cross state borders. A classic requirement of the Interstate commerce agreement.

NO NEED FOR FURTHER REPLYS, I've got enough information.
SpringOWeiler is offline  
Old October 3, 2014, 05:03 PM   #8
Spats McGee
Staff
 
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Quote:
Originally Posted by SpringOWeiler
I'll search the BATF's website for a more through answer. I would suspect it's non applicable by the fact that state laws supersede when products don't cross state borders. A classic requirement of the Interstate commerce agreement.

NO NEED FOR FURTHER REPLYS, I've got enough information.
Given the underlined part of that post, I'm not sure you do.

Just because some reloaded ammunition doesn't actually cross a state line doesn't mean that the feds won't try to regulate it, and they may well succeed. You'll likely have to purchase gunpowder, primers, casings and bullets that all traveled in interstate commerce.

From the BATFE website:
Quote:
Originally Posted by BATFE
Q: Is a person who reloads ammunition required to be licensed as a manufacturer?

Yes, if the person engages in the business of selling or distributing reloads for the purpose of livelihood and profit. No, if the person reloads only for personal use.

[18 U.S.C. 922(a) (i) and 923(a), 27 CFR 478.41]
And, from that, pulling the appropriate federal statute:
Quote:
Originally Posted by Congress
(a) It shall be unlawful-- . . . .(1) for any person-- . . . .(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

18 U.S.C.A. § 922 (West)
Now, if you're talking about just selling the ammunition, and not manufacturing it yourself, we may have a different situation. Again, from the BATFE:
Quote:
Is a license required to engage in the business of selling small arms ammunition?

No. A license is not required for a dealer in ammunition only, but a manufacturer or an importer of ammunition must be licensed.

[18 U.S.C. 922 (a)(1)(B)]
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
Old October 3, 2014, 06:49 PM   #9
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by SpringOWeiler
I'll search the BATF's website for a more through answer. I would suspect it's non applicable by the fact that state laws supersede when products don't cross state borders. A classic requirement of the Interstate commerce agreement.

NO NEED FOR FURTHER REPLYS, I've got enough information.
You're absolutely sure you know everything you need to know?

Are you making the reloads? Is this a side business? So you're sure that ATF won't find you to be engaged in the business of manufacturing ammunition and require that you have an appropriate license?

And are you sure you won't be required by state law to have some kind of license? How about a business license? How about taxes or sales tax?

I've kept this thread closed because you've said you know everything you need to know. Are you sure?
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
Closed Thread

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:36 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.06108 seconds with 8 queries