View Single Post
Old March 17, 2013, 06:50 PM   #3
JRH6856
Member
 
Join Date: February 27, 2013
Location: DFW area
Posts: 94
From a similar thread on THR a couple of years ago:

Quote:
Originally Posted by Sam1911
I'll post a summation of the possible legal issues, original posted by TexasRifleman:


: 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.
Ahh, but there's the trick question. It doesn't say you can't sell ammo, it says you can't "engage in the business of selling or distributing reloads for the purpose of livelihood and profit". That piece you posted is from an FAQ, not the actual law.

There is some ambiguity in the ATF regs quoted as it doesn't address the guy who sells some to a buddy every now in then.
Those terms, "engaged in business" and "purpose of livelihood and profit" are specifically defined in Federal Law. From the wording of Federal Law it would appear to me that selling reloads to a friend who doesn't want to mess with it is clearly "personal use", not "engaged in the business" but go read the statute yourself. It seems pretty clear to me.

18 USC 44

(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 manufac- turing ammunition as a [b]regular course of trade or business]/b] with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;
Quote:
(22) The term "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is pre- dominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liq- uidating a personal firearms collection:
http://www.atf.gov/publications/down...f-p-5300-4.pdf

Certainly at some point it crosses that line, but there seems to be plenty of room for occasional stuff. Not a lawyer, just an English Speaker.

Take it for what it's worth.
__________________
NRA Life Member
All calibers equalize, some calibers equalize more than others.
JRH6856 is offline  
 
Page generated in 0.04194 seconds with 8 queries