Private ammo sale to MA

[PatMcD]

I did a search but got sick of wading through 200 pages of "Why NH is better than Mass" and "The Mass AG is a felon" etc..


Yes or no.
1. Can I, as a private citizen of Maine, advertise some ammo for sale here on NES and sell it to a private MA resident?
2. Can I ship it to that person?
3. Does the buyer need a special permit or anything?

I'm talking 600+ rds of 30-06, if that makes a difference.

 

[RichM]

Buyer in MA must have a minimum of a MA FID card. If you know that the buyer currently has a valid FID or LTC, sell it!

Any more available?

 

[vellnueve]

Buyer must have FID and be 18 for rifle ammo, 21 and LTC for pistol ammo. You can't bring it into the state unless you have a license. Shipping is fine.

 

[Moderator]

Buyer must have FID and be 18 for rifle ammo, 21 and LTC for pistol ammo. You can't bring it into the state unless you have a license. Shipping is fine.

Not saying your wrong, but can you show me the citation stating the 21 age requirement? Also, what if you own a rifle that shoots a handgun cartridge. I know of many lever-guns that shoot .357 Magnum, .45 Long Colt, etc.

 

[GSG]

1. Can I, as a private citizen of Maine, advertise some ammo for sale here on NES and sell it to a private MA resident?

It is perfectly legal for you to do so, as long as the sale itself takes place outside of Mass. However the AG has taken the position that ammo shipped to Mass. must have been sold in Mass., which probably won't stand up in federal court. In theory you could get hassled by the AG's office if they set up a sting, which would be an unpleasant experience for sure, but I've only ever heard of them going after actual businesses.

2. Can I ship it to that person?

Yup, but don't forget the various shipping laws.

3. Does the buyer need a special permit or anything?

They need to have an LTC or FID. If they don't have it, it's on them, not you. You may want to check it for peace of mind or something.

You can't bring it into the state unless you have a license.

You can if you bring it with an unloaded non-large capacity long gun as a non-resident who can possess it in your home state. Legal, but still something you'd probably get hassled over. He still wouldn't be able to sell it in Mass. though, since anyone and everyone needs a License to Sell Ammunition in order to sell ammo in Mass.

Not saying your wrong, but can you show me the citation stating the 21 age requirement? Also, what if you own a rifle that shoots a handgun cartridge. I know of many lever-guns that shoot .357 Magnum, .45 Long Colt, etc.

FFL's can't sell handgun ammo to people under 21, unless they reasonably believe that it's for use in a long gun.

18 USC 922(b)(1):

(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;

27 CFR 478.99(b):

(b) Sales or deliveries to underaged persons. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver (1) any firearm or ammunition to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 18 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 importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 21 years of age, or (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery, or other disposition, unless the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance.

Those two laws only apply to FFL's. 18 USC 922(x) makes it illegal for anyone to sell/transfer ammo to someone under 18 (except in limited circumstances).

(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
(6)
(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph (A).
(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.

So as a private citizen, under federal law you can sell handgun or longgun ammo to anyone over the age of 18 without a problem. An FFL has to sort out the intended use and different age restrictions. State laws can take this further though, obviously, but the Mass. laws on ammo sales/possession don't have age or type-of-license restrictions for different kinds of ammo.

 

[DickWanner]

You can if you bring it with an unloaded non-large capacity long gun as a non-resident who can possess it in your home state. Legal, but still something you'd probably get hassled over. He still wouldn't be able to sell it in Mass. though, since anyone and everyone needs a License to Sell Ammunition in order to sell ammo in Mass.

People always seem to overlook the non-res exemptions.