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Apply for an License to Sell Ammunition to avoid Marsha's stings?

ralex

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The first sentence in MA chapter 140, section 122B states "No person shall sell ammunition in the commonwealth unless duly licensed." No exceptions are noted in the statute. All I want to do is sell most of my stash of 20 year old ammo, not start a business. So I went to my local police station and asked for an application to sell ammunition. I was told that I didn't need to have a license to sell ammunition unless it was a business, and I would have to become a FFL and have a business address. They were good to me in that they didn't take my $100 check for the application fee.

So I am confused. I certainly want to stay out of trouble. Should I trust what the police said, or insist on getting the license in order to protect myself? One alternative stated in a previous post was to only sell to people out of state. Is there more risk selling ammo to someone in MA compared to selling to someone in another state? Either way I plan to follow the spirit of the law by requiring a buyer to show his/her license to carry.
 

M125X

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The first sentence in MA chapter 140, section 122B states "No person shall sell ammunition in the commonwealth unless duly licensed." No exceptions are noted in the statute. All I want to do is sell most of my stash of 20 year old ammo, not start a business. So I went to my local police station and asked for an application to sell ammunition. I was told that I didn't need to have a license to sell ammunition unless it was a business, and I would have to become a FFL and have a business address. They were good to me in that they didn't take my $100 check for the application fee.

So I am confused. I certainly want to stay out of trouble. Should I trust what the police said, or insist on getting the license in order to protect myself? One alternative stated in a previous post was to only sell to people out of state. Is there more risk selling ammo to someone in MA compared to selling to someone in another state? Either way I plan to follow the spirit of the law by requiring a buyer to show his/her license to carry.
I am not a lawyer... however, If you were to list the ammo For sale here, and only sell to “Green” members or those with a long history of posting here I would think you would be okay.
 

Len-2A Training

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Ralex, I was told the same thing by the accepted LE "expert" on MA gun laws. That's what I have gone by in selling off some surplus ammo and all my reloading components. I sleep well and don't worry about it. S 122B is a subsection of S. 122 which strictly applies to dealers . . . that is what was explained to me when I asked.
 

ralex

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Wrote this letter to my PD:
3/14/21
To Police Chief XXXXXX
This is in regard to my coming in Thursday with a $100 check to go with my application to sell ammunition. I was told by you that I didn't need a license as I am not a dealer, but I was uncertain and wanted to get legal advice. I have since checked and you are correct.
The sentence I was concerned about was the first in Chapter 140, Section 122B. It seemed clear and without exceptions. However, I have since verified that the whole section has to do only with licensing businesses. My status is not a business but a hobby. I only wish to sell my excess ammunition, purchased years ago, as a way to support my hobby.
I agree with the spirit of the Massachusetts law, which treats ammunition almost like firearms. I will be sure that anyone I sell my excess ammunition to has a valid license to carry firearms.
Thank you for your helpful advice when I was concerned about complying with the law in this area.
 

M60

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Ralex, I was told the same thing by the accepted LE "expert" on MA gun laws. That's what I have gone by in selling off some surplus ammo and all my reloading components. I sleep well and don't worry about it. S 122B is a subsection of S. 122 which strictly applies to dealers . . . that is what was explained to me when I asked.
Selling off extra ammo, isn't different from selling off a extra boat or two. If you wouldn't ask Maura for a permission slip to sell your boat, why would anyone ask for a permission slip to sell excess ammo? If she said she'd frown on you selling your boat, what wold you guys say to her?
 

one-eyed Jack

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So you get the (Mass) license to sell ammo. Now the world knows. The town will want you to buy a biz. cert. Next thing they will want is a list of your assets. If you are dumb enough to comply to that they will want to tax you on your assets. Then maybe the sales tax thingy will become an issue. Just sell the friggin ammo under the friggin table and keep your mouth shut. And don't talk to the friggin cops. Jack.
 

42!

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Pack up you ammo. Drive north into NH. Give the ammo to me. I promise to find it a good home. [mg][mg] Problem solved.
 
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Its not hard to sell ammo , go to local club pop the trunk it will be gone before your get your coffee to your lips.
I unloaded a bunch of 22lr
The only thing i say to do is make sure all involved are licensed
I've bought 9mm (at inflated prices )this week from NES members....but it's ok
Biden promised to send me a check for $1400, so no big deal. I'm helping the economy
 
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Local PD told me that I needed a business, any kind would do, to get one issued.

"So, if I had a dry cleaner's shop (I actually used that as an example, for some reason), you could issue it?"

"Yes."

There may be localities that interpret it differently. YMMV
I was in a hardware store in Vermont last summer and they had rifle rounds at the cash register next to the snickers bars.
So i could sell ammo , candy bars, and hand sanitizer at my dry cleaners and probably make a fortune
 

ChrisNH

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I was in a hardware store in Vermont last summer and they had rifle rounds at the cash register next to the snickers bars.
So i could sell ammo , candy bars, and hand sanitizer at my dry cleaners and probably make a fortune
There was a pharmacy in VT that had a gun shop in the back of it. Talk about a licensing nightmare!
 

MisterHappy

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I was in a hardware store in Vermont last summer and they had rifle rounds at the cash register next to the snickers bars.
So i could sell ammo , candy bars, and hand sanitizer at my dry cleaners and probably make a fortune
Especially if the candy gets on the freshly-cleaned clothing (after they pay, of course)
 

Reptile

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If you decided to sell “extra” ammo and explicitly stated as much in your application, I’d expect someone to swing by for an inventory count to see if you’re over the ammo round count limit in MA!
"Extra" meaning - beyond what is needed. Not over the legal limit.

If you are worried about going over the legal limit (10,000 rounds of center fire) - getting a permit is easy and may prevent the insurance company from denying your claim in the event your house burns down.
 
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So Reptile - did you ever sell ANY ammo - to anybody?

Because the guys in Gunbroker are definitely buying - and it's easier to deal with than NES members and all of the MA chicanery IMHO.

I posted 5.45x39 on GB (found 1500 rounds in my basement - and don't even have any guns that take that caliber) - after I first posted it on NES at the going rate I calculated from a batch of completed successful GB sales.

No bites for over two weeks on the NES posting.

So eff it - up it goes on GB.

First half sold in 3 days. Put up the other half. That sold in four. Halfway thru the 2nd auction - an NES member pinged me to see if I still had the ammo. Sorry - it sold , at the asking price.

Shipped out the 1st 750 rounds on Friday. The woman at the UPS center was impressed that I had the correct "limited quantities" decal on the box.

Now Calsdaddy has the $$ he needs to go buy an annealing machine. At these prices I might sell off some more of the ammo stash and get myself one of those nice AMP units.
 

Reptile

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So Reptile - did you ever sell ANY ammo - to anybody?

Because the guys in Gunbroker are definitely buying - and it's easier to deal with than NES members and all of the MA chicanery IMHO.

I posted 5.45x39 on GB (found 1500 rounds in my basement - and don't even have any guns that take that caliber) - after I first posted it on NES at the going rate I calculated from a batch of completed successful GB sales.

No bites for over two weeks on the NES posting.

So eff it - up it goes on GB.

First half sold in 3 days. Put up the other half. That sold in four. Halfway thru the 2nd auction - an NES member pinged me to see if I still had the ammo. Sorry - it sold , at the asking price.

Shipped out the 1st 750 rounds on Friday. The woman at the UPS center was impressed that I had the correct "limited quantities" decal on the box.

Now Calsdaddy has the $$ he needs to go buy an annealing machine. At these prices I might sell off some more of the ammo stash and get myself one of those nice AMP units.
I sold a couple cases many months ago for way too little to a NES'er.

I want $1 a round and no hassle.

I don't want to deal with shipping.

I rather meet locally.

I don't see the prices going down with all the new shooters.
I think things could have stabilized if the demand was steady.

Now it's even more valuable.

The type of customer I want is somebody who wants an easy cash and carry deal. Somebody that wants to pay for an entire case of premium investment grade ammo. Not the guy who drives hundreds of miles for hours hitting the empty shelves at the gun shops. I'm trying to find a customer who wants to save time and effort by paying a premium for one stop shopping.

I have a lot of time on my hands so I am very patient. If I wait another year, I think the prices will go up so much that my price looks like a bargain. There also might be a massive ammo tax.

The prices on Gun Broker are still over $1 per round before shipping.

Hopefully some local people will be interested.

I know if I parked in front of a gun shop and sold out of my trunk, all of it would be gone in an hour.
 
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I sold a couple cases many months ago for way too little to a NES'er.

I want $1 a round and no hassle.

I don't want to deal with shipping.

I rather meet locally.

I don't see the prices going down with all the new shooters.
I think things could have stabilized if the demand was steady.

Now it's even more valuable.

The type of customer I want is somebody who wants an easy cash and carry deal. Somebody that wants to pay for an entire case of premium investment grade ammo. Not the guy who drives hundreds of miles for hours hitting the empty shelves at the gun shops. I'm trying to find a customer who wants to save time and effort by paying a premium for one stop shopping.

I have a lot of time on my hands so I am very patient. If I wait another year, I think the prices will go up so much that my price looks like a bargain. There also might be a massive ammo tax.

The prices on Gun Broker are still over $1 per round before shipping.

Hopefully some local people will be interested.

I know if I parked in front of a gun shop and sold out of my trunk, all of it would be gone in an hour.

Here's some advice - take it for whatever you think it's worth.

When I'm trying to sell something I go look at what the market is REALLY bearing. Doesn't matter if it's a car, some ammo, a gun - or some tools.

Sure - sooner or later you *might* run into a sucker who pays your high price. Or you might not.

For ammo - I go look on Gunbroker , find 20 or so *sold* auctions - then I calculate the per-round sold price - and look to see what the median price is.

Post it for whatever that price is on GB - and you're likely going to sell it.

Post it on NES - and it's a crapshoot. You might sell it - you might not. Facts of the matter are that NES has a MUCH lower market buyer headcount than GB does. And I'm even talking about MA. Not every MA gun owner is on NES. But if any MA gun owner is looking for ammo - he or she is pretty likely going to end up GB.

You want to sell it quicker - on NES - then lower the price. It's as simple as that. Want to sell it to some person in MA - who lives farther than maybe 20 miles away from you - then you're going to have to ship it. So - in the end - your market is going to be people within whatever mileage range you're willing to drive.

I'm willing to bet that the number of people you're selling to within that 20 mile radius is exponentially smaller than who you're selling to on Gunbroker.
 

42!

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I sold a couple cases many months ago for way too little to a NES'er.

I want $1 a round and no hassle.

I don't want to deal with shipping.

I rather meet locally.

I don't see the prices going down with all the new shooters.
I think things could have stabilized if the demand was steady.

Now it's even more valuable.

The type of customer I want is somebody who wants an easy cash and carry deal. Somebody that wants to pay for an entire case of premium investment grade ammo. Not the guy who drives hundreds of miles for hours hitting the empty shelves at the gun shops. I'm trying to find a customer who wants to save time and effort by paying a premium for one stop shopping.

I have a lot of time on my hands so I am very patient. If I wait another year, I think the prices will go up so much that my price looks like a bargain. There also might be a massive ammo tax.

The prices on Gun Broker are still over $1 per round before shipping.

Hopefully some local people will be interested.

I know if I parked in front of a gun shop and sold out of my trunk, all of it would be gone in an hour.
" investment grade ammo." is this what we've come to. [sad]
 
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Wrote this letter to my PD:
3/14/21
To Police Chief XXXXXX
This is in regard to my coming in Thursday with a $100 check to go with my application to sell ammunition. I was told by you that I didn't need a license as I am not a dealer, but I was uncertain and wanted to get legal advice. I have since checked and you are correct.
The sentence I was concerned about was the first in Chapter 140, Section 122B. It seemed clear and without exceptions. However, I have since verified that the whole section has to do only with licensing businesses. My status is not a business but a hobby. I only wish to sell my excess ammunition, purchased years ago, as a way to support my hobby.
I agree with the spirit of the Massachusetts law, which treats ammunition almost like firearms. I will be sure that anyone I sell my excess ammunition to has a valid license to carry firearms.
Thank you for your helpful advice when I was concerned about complying with the law in this area.
What was the point of this Email?
 
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" investment grade ammo." is this what we've come to. [sad]

Here you go - here's some "investment grade" ammo - price is freaking crazy:


1350 ROUNDS OF BALL .30 CALIBER CARBINE M1. BRAND NEW IN FACTORY BOXES AND AMMO CAN. MANUFACTURED AT THE LAKE CITY ARMY AMMUNITION PLANT, USA. $100 flat rate shipping fee added on to final price. buyer to pay. good luck

Starting Bid
$2,000.00

The starting bid is nuts. The shipping price is nuts too.
 
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