private sale of ammo in MA?

[BillB]

Can a licensed MA residence sell ammo to another licensed MA residence?
Or can you only trade ammo with someone?

 

[Cross-X]

I think you'll need obtain a license to sell ammunition also. You can apply thru your local police department.

 

[mac1911]

I asked my local LEO about this. He seemed to have no issue with it as long as I have the proper storage permit for the amount I plan to store. His only negative feedback was if the state/town would be looking for business license, taxes ect ect.

 

[vellnueve]

Cross-X is correct (duh), you technically need a MA Ammo Dealer's license.

 

[Woodstock]

BillB - Are you looking to sell a spare box or two, or are you planning to go into the ammo business? The latter requires licenses, maybe a business-zoned address, etc.
If you're planning on selling reloads, talk to an insurance agent for sure.

 

[vellnueve]

Actually, either one of those cases requires an MA Ammo Dealer's license.

 

[FPrice]

Let me play devil's advocate for a moment.

Why would someone need a license to sell ammo in Mass if one is not selling it as a business?

You can sell personally-owned firearms to another licensed resident as long as you only sell (transfer) no more than four fireams per calendar year in personal sales. The only requirement is that both parties be properly licensed and the transfer is documented to the Commonwealth on a form FA-10. In this circumstance, the seller need not be licensed to sell firearms in the Commonwealth, correct?

Why would the same not apply to ammo? Why would a person who wishes to sell some of his personally owned ammunition be required to obtain a license to sell ammunition if they are not doing it in a commercial manner?

 

[CLMN]

Let me play devil's advocate for a moment.

Why would someone need a license to sell ammo in Mass if one is not selling it as a business?

You can sell personally-owned firearms to another licensed resident as long as you only sell (transfer) no more than four fireams per calendar year in personal sales. The only requirement is that both parties be properly licensed and the transfer is documented to the Commonwealth on a form FA-10. In this circumstance, the seller need not be licensed to sell firearms in the Commonwealth, correct?

Why would the same not apply to ammo? Why would a person who wishes to sell some of his personally owned ammunition be required to obtain a license to sell ammunition if they are not doing it in a commercial manner?

CLMN

 

[Cross-X]

Recess is over, Mr. Frosty!

C-x

Let me play devil's advocate for a moment.

Why would someone need a license to sell ammo in Mass if one is not selling it as a business?

You can sell personally-owned firearms to another licensed resident as long as you only sell (transfer) no more than four fireams per calendar year in personal sales. The only requirement is that both parties be properly licensed and the transfer is documented to the Commonwealth on a form FA-10. In this circumstance, the seller need not be licensed to sell firearms in the Commonwealth, correct?

Why would the same not apply to ammo? Why would a person who wishes to sell some of his personally owned ammunition be required to obtain a license to sell ammunition if they are not doing it in a commercial manner?

 

[icyclefar]

Let me play devil's advocate for a moment.

Why would someone need a license to sell ammo in Mass if one is not selling it as a business?

You can sell personally-owned firearms to another licensed resident as long as you only sell (transfer) no more than four fireams per calendar year in personal sales. The only requirement is that both parties be properly licensed and the transfer is documented to the Commonwealth on a form FA-10. In this circumstance, the seller need not be licensed to sell firearms in the Commonwealth, correct?

Why would the same not apply to ammo? Why would a person who wishes to sell some of his personally owned ammunition be required to obtain a license to sell ammunition if they are not doing it in a commercial manner?

No one ever said the law made sense.

 

[BillB]

I meant selling a few boxes to someone, even an acquaintance or friend. I usually just trade for something else when I can, but this is MA....the most vile corrupt state in the country, with 'sissy' men making the laws.

I was once told that you can not even include ammo with a firearm sale....but would have to include it "for free"!

 

[jdubois]

Why would a person who wishes to sell some of his personally owned ammunition be required to obtain a license to sell ammunition if they are not doing it in a commercial manner?

Because that's the way C. 140 § 122B is written. However, I've never heard of, and I'd be surprised to hear of, any LE wasting their time going after people who are selling small non-commercial quantities of ammo on occasion. Course, this is MA so who knows!

I was once told that you can not even include ammo with a firearm sale....but would have to include it "for free"!

If somebody was really interested in prosecuting you for such a "crime", I think the "but the ammo was included 'free'" defense wouldn't be the best foot to put forward.

 

[pj150]

Sell the boxes and throw in the ammo for free.

 

[CLMN]

Because that's the way C. 140 § 122B is written. However, I've never heard of, and I'd be surprised to hear of, any LE wasting their time going after people who are selling small non-commercial quantities of ammo on occasion. Course, this is MA so who knows!

Lord knows that I am one who has always tried my best to follow the letter of the law in this silly state even when it didn't make any sense... and that doesn't just apply to firearms and ammo. But I used to get laughed at a lot for being "paranoid" and for not applying "common sense" to the most absurd such cases... even by police officers I sought out for clarification on how to comply with outright contradictory or merely ambiguous or poorly written laws.

I think that sometimes you've got to step back and honestly ask yourself: Has anyone anywhere in the PRM ever been arrested, convicted or even remotely hassled by a cop on a particular (select one!) fine point of these stupid laws. If the answer turns out to be "Hell, no", it might just be a fact that no one really cares and that one's paranoia on the point in question is all for nothing.

CLMN

 

[BillB]

Because that's the way C. 140 § 122B is written. However, I've never heard of, and I'd be surprised to hear of, any LE wasting their time going after people who are selling small non-commercial quantities of ammo on occasion. Course, this is MA so who knows!



If somebody was really interested in prosecuting you for such a "crime", I think the "but the ammo was included 'free'" defense wouldn't be the best foot to put forward.

It was LE that first told me about this! And I am sure there are plenty that would go after you if they could....this is MA!

So there may be a law for even giving it away?

Then how about 'trading' some ammo?

 

[ochmude]

Simply put, this is the law.
Chapter 140: Section 122B. Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties

It basically says this.

No person shall sell ammunition in the commonwealth unless duly licensed.

And this is the reality.
WTS: .40 S&W ammo
WTS: 250 rounds 00 buck
WTS/WTT Ammo 12 ga
WTS -- 9mm ammo in Greater Boston
WTS: full case of .223 (1000rds) **Pics Added**

and so on. Basically, your best bet is to read the law and decide for yourself what you are going to do.

 

[BillB]

Lord knows that I am one who has always tried my best to follow the letter of the law in this silly state even when it didn't make any sense... and that doesn't just apply to firearms and ammo. But I used to get laughed at a lot for being "paranoid" and for not applying "common sense" to the most absurd such cases... even by police officers I sought out for clarification on how to comply with outright contradictory or merely ambiguous or poorly written laws.

I think that sometimes you've got to step back and honestly ask yourself: Has anyone anywhere in the PRM ever been arrested, convicted or even remotely hassled by a cop on a particular (select one!) fine point of these stupid laws. If the answer turns out to be "Hell, no", it might just be a fact that no one really cares and that one's paranoia on the point in question is all for nothing.

CLMN

Actually yes, when these 'new' wacky laws were first implemented, LE staked out areas where 'hunters' went and FLEW over in the cruisers to check gun cases, locks, ammunition, everything they could think of....not drug dealers or thief's.

In fact a Chief once told me that it's against the law to mail (UPS) your gun back to the factory to have work done, and you needed to go through a dealer.
(I had to tell this 'idiot' that the USPS letter basket he was using for his personal papers (use) was a FELONY!)

And there are plenty of LEO's that go BEYOND the letter of the law when it comes to firearms....and say "take me to court" if you don't like it.

 

[jdubois]

So there may be a law for even giving it away?

No, giving it away is not a problem (assuming the person you're giving it to is of proper age and is licensed properly). But telling a judge that something wasn't actually part of a sale, but instead a freebie, when it's apparent you are simply trying to skirt a law would just make him/her grumpy.

In fact a Chief once told me that it's against the law to mail (UPS) your gun back to the factory to have work done, and you needed to go through a dealer.

Chief needs to read 18 USC § 922(a)(2)(A).

 

[CLMN]

How, if at all, does this Section play into the equation?

Chapter 140: Section 129C. Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to executive director; exemptions; exhibiting license to carry, etc. on demand

Section 129C. No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.

No person shall sell, give away, loan or otherwise transfer a rifle or shotgun or ammunition other than (a) by operation of law, or (b) to an exempt person as hereinafter described, or (c) to a licensed dealer, or (d) to a person who displays his firearm identification card, or license to carry a pistol or revolver.

A seller shall, within seven days, report all such transfers to the executive director of the criminal history systems board according to the provisions set forth in section one hundred and twenty-eight A, and in the case of loss, theft or recovery of any firearm, rifle, shotgun or machine gun, a similar report shall be made forthwith to both the executive director of the criminal history systems board and the licensing authority in the city or town where the owner resides. Failure to so report shall be cause for suspension or permanent revocation of such person’s firearm identification card or license to carry firearms, or both, and shall be punished by a fine of not less than $200 nor more than $1,000 for a first offense and by a fine of not less than $1,000 nor more than $5,000 for a second offense.

CLMN

 

[ochmude]

How, if at all, does this Section play into the equation?



CLMN

As I read it, that section serves only to restrict who you may sell ammo to, provided that you satisfy the license requirement of 122B.

 

[BillB]

How, if at all, does this Section play into the equation?



CLMN

So is there a form to sell a box of ammo to a fellow licensed MA residence?

 

[GLOCK.Perfection]

So is there a form to sell a box of ammo to a fellow licensed MA residence?

no.

 

[ochmude]

no[t yet].

FIFY

 

[jdubois]

How, if at all, does this Section play into the equation?

It doesn't. It's basically left over text from before some of the other laws were on the books, and pretty much just reiterates what the other laws state but with less detail. Even after you've satisfied the requirements listed there, you must still satisfy the requirements of other sections of 140.

 

[CLMN]

One last question and then I will go away :

Case 1: If my son-in-law (duly licensed in MA) gives me $20 to pickup some ammo for him since I am on my way out the door to Dick's, is that illegal?

Case 2: If I get home from Dick's and my son-in-law (duly licensed in MA) decides he wants to give me $20 for that extra box of ammo I bought, is that illegal?

CLMN

 

[Len-2A Training]

No, giving it away is not a problem (assuming the person you're giving it to is of proper age and is licensed properly). But telling a judge that something wasn't actually part of a sale, but instead a freebie, when it's apparent you are simply trying to skirt a law would just make him/her grumpy.

JD, probably when you were a toddler or not even born, MA had the old "Blue Laws" from the 1600s still in place. Stores couldn't sell most any goods on Sundays.

When merchants finally got disgusted with the restrictions (and loss of business to NH and other places), they started selling "empty paper bags" and throwing in the goods for free to skirt the law. Mayors and LE was fuming but couldn't do anything about it. Eventually the laws were changed.

 

[BillB]

no.

Doesn't that law, still on the books, state that you need to report ANY transfer of ammo....sold, given away, what ever....just like a firearm itself?

 

[jdubois]

JD, probably when you were a toddler or not even born, MA had the old "Blue Laws" from the 1600s still in place. Stores couldn't sell most any goods on Sundays.

You were around in the 1600s?!?!? I do remember as a kid not understanding why the heck you couldn't buy lipstick on Sunday. It was my first, "What is wrong with this state?" moment

 

[Len-2A Training]

You were around in the 1600s?!?!? I do remember as a kid not understanding why the heck you couldn't buy lipstick on Sunday. It was my first, "What is wrong with this state?" moment

Wisea**! No, the laws were written in the 1600s and stayed on the books (and often enforced) thru the 1960s and '70s, when many were repealed finally.

I didn't know that you were into wearing lipstick as a kid. To each his/her/its own, I guess!

 

[jdubois]

I didn't know that you were into wearing lipstick as a kid.

What do you mean, "as a kid"?

(Sorry for crapping up your thread, BillB, it's Len's fault )