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Old June 27, 2011, 08:40 AM   #5
vranasaurus
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Join Date: November 16, 2008
Posts: 1,184
18 USC 922 a(6) states:

Quote:
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

If they ask you if the ammunition is for you and you say yes but you intend to give it to someone else then yes you can committ a straw purchase of ammunition.

This section would also apply to someone under 21 who, when asked if the ammo is for rifle or handgun, says that it is for a rifle when they intend to use it in a handgun.

18 USC 922 (b)(1) states:

Quote:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver -

(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;

Nothing in the gun control act bans possession of handgun ammunition by those over 18 but less than 21. The two possible crimes under federal law are making false statements in connection with the purchase of ammunition and being a licensed dealer and selling to someone under 21.

That is federal law, however, New Jersey law is much more restrictive.

Title 2C Section 58-3.3 states:

Quote:
1. a. As used in this act, "handgun ammunition" means ammunition specifically designed to be used only in a handgun. "Handgun ammunition" shall not include blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.

b.No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun and first exhibits such card or permit to the seller, donor, transferor or assignor.

c.No person shall sell, give, transfer, assign or otherwise dispose of handgun ammunition to a person who is under 21 years of age.

Unlike the federal law it prohibits any person, not just licensed dealers, from transfering handgun ammunition to someone under 21. I would hate to be standing tall in a NJ court trying to explain that "he told me he was going to use it in a rifle." Under NJ law I think the answer to your question is that it is illegal for you to give someone under 21 handgun ammunition.

To sum it up:

Whether or not it is a crime to give or sell handgun ammunition to someone between 18 and 21 years old depends on:

1. State Law

2. Whether you are a licensed dealer

3. Whether or not you were asked any questions about the ammunition at the time of purchase and made knowingly false statements.

This assumes that the transferee is not prohibited from possessing ammunition under state or federal law. (convicted felon, MCD, etc.)
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