Is this true - MA ammo law still applies to Pepper Spray ?
This is the response I got from Fox Labs on why they won't ship to MA.
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Thank you for taking the time to make your inquiry. It would be my pleasure to further assist you. In regards to your direct inquiry about pepper spray not being illegal in Massachusetts you are correct it is not illegal. Pepper spray is legal in all 50 states however there are still shipping restrictions for your state. I will do my best to explain the Massachusetts state statue.
“Pepper spray is still considered “ammunition and it must still be purchased by a FFL (federal firearms license) dealer or a sporting goods store that has an ammunition license (to sell ammo).
It is still illegal to ship pepper spray to the state of Massachusetts. To confirm this I contacted the Firearms Records Bureau at 617-660-4782 and spoke to a representative who confirmed twice that:
A: pepper spray is still considered ammunition
B: it must still be purchased through a licensed fire arms dealer
C: no FID is required if over the age of 18 (this is the only law that has changed)
http://www.mass.gov/eopss/agencies/dcjis/key-changes-to-the-massachusetts-gun-laws-august-2014.pdf
Above are the specific changes to the requirement of the FID. (ID card)
Below is what the legislation defines as ammunition.
Section 121. As used in sections 122 to 131P, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129c
Below you will find what it says about selling ammunition in the state of Massachusetts.
The law specifically states: No person shall sell ammunition in the commonwealth unless duly licensed.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section122B
So, although there were recent changes to the FID requirements meaning as a resident of Massachusetts you are no longer required to have an FID if you are over the age of 18, to purchase pepper spray. However, the law has not changed its stance on the selling or distribution through mail order for pepper spray.
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I hope I have answered your questions thoroughly if not please feel free to contact me directly and I would be more than happy to further assist you.
***The information above should not be taken as legal advice as I am not a licensed attorney.***
Kindest Regards,
Cinthia Velazquez
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Fox Labs