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selling ammo

mikelawtown

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I had a fellow co-worker say it was illegal for a person to sell another person ammo in Mass. I sell to people when i had left over and when i sold a firearm and didnt use that Caliber anymore. Is this true?
 
I thought it was ok as well, until someone pointed this out. Still not sure if there is something somewhere else making it ok.
[h=2]Section 122B Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties[/h] PrevNext

Section 122B. No person shall sell ammunition in the commonwealth unless duly licensed. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility to be licensed under this section, grant a license to any person, except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony in any state or federal jurisdiction, or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell ammunition. Every license shall specify the street and number, if any, of the building where the business is to be carried on. The licensing authority to whom such application is made shall cause one copy of the application to be forwarded to the commissioner of the department of criminal justice information services, who shall within a reasonable time thereafter advise such authority in writing of any criminal record disqualifying the applicant. The fee for an application for a license to sell ammunition shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. The licensing authority to whom such application is made shall cause one copy of any approved application to be forwarded to the commissioner of the department of criminal justice information services.
 
I had a fellow co-worker say it was illegal for a person to sell another person ammo in Mass. I sell to people when i had left over and when i sold a firearm and didnt use that Caliber anymore. Is this true?

No its not true if you're not "dealing" in ammunition as a "for profit business". If you sell ammo on a regular basis and make a profit at it, you need a license, both federally and state to comply with the laws. If you periodically sell ammo that is excess to your needs the law doesn't apply.

The spirit and intent of the law was to A. obtain money from licensing fees for the state and as another avenue for the state to keep tabs on who's selling what so they can force their cut to be severed from your wallet in taxes on the profit.

If it bothers you so, don't sell it. Accept a reasonably valued donation for it.

You can't sell hotdogs without a license either, but you can put a donation jar on the table at whatever function.
 
i'm not the guy buying and selling to make $$, or reloading it. I just wanted to clarify if possible that are their laws against this? Like having an extra box of say 9mm in my safe and i only have a 40 now, can i sell that box without breaking the law.
 
i'm not the guy buying and selling to make $$, or reloading it. I just wanted to clarify if possible that are their laws against this? Like having an extra box of say 9mm in my safe and i only have a 40 now, can i sell that box without breaking the law.

Never in my life have I heard of an individual being bothered for selling a box or case or five once in a while.

Unless you run ads constantly or go to a flea market or make the gun show circuit regularly, who would even know?
 
There are other threads on this, addressing the ambiguity of the statute - it says, "Person," but it's under the "dealer"section.....

Almost like the intent was to make it hard to figure out.

Some will say, "Don't do it," others will say, "Don't worry about it."

You have read the statute above; take a look at the other threads; make your own decision.
 
I believe "licensed" refers to an LTC for individuals. So long as you are selling ammo to someone who has an LTC, you are ok. It's just like everything else in this state when it comes to guns: licensing is the key.
 
I thought it was ok as well, until someone pointed this out. Still not sure if there is something somewhere else making it ok.
Section 122B Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties

PrevNext

Section 122B. No person shall sell ammunition in the commonwealth unless duly licensed. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility to be licensed under this section, grant a license to any person, except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony in any state or federal jurisdiction, or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell ammunition. Every license shall specify the street and number, if any, of the building where the business is to be carried on. The licensing authority to whom such application is made shall cause one copy of the application to be forwarded to the commissioner of the department of criminal justice information services, who shall within a reasonable time thereafter advise such authority in writing of any criminal record disqualifying the applicant. The fee for an application for a license to sell ammunition shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. The licensing authority to whom such application is made shall cause one copy of any approved application to be forwarded to the commissioner of the department of criminal justice information services.

To repeat what I posted in another thread . . . I was also puzzled by this and asked Chief Ron Glidden directly about it. He was puzzled why I asked him as this particular section of law is strictly applicable to BUSINESSES and not individuals (in spite of the first few words). See what I bolded above. So occasional sales of surplus ammo isn't an issue, as long as both parties have LTCs or FIDs.

There are plenty of folks on NES who will not believe me, Glidden or the above. Fine, they can eat their surplus ammo. If you apply their beliefs, all instructors violate the law because they are "selling ammo" as part of their classes by building the cost into the class fee (even if not split out specifically).


i'm not the guy buying and selling to make $$, or reloading it. I just wanted to clarify if possible that are their laws against this? Like having an extra box of say 9mm in my safe and i only have a 40 now, can i sell that box without breaking the law.

See above.


Never in my life have I heard of an individual being bothered for selling a box or case or five once in a while.

Unless you run ads constantly or go to a flea market or make the gun show circuit regularly, who would even know?

Correct. And let those that are paranoid about it travel 100 miles to pass ammo for money in another state as if they were dealing drugs!
 
Then you better check if they have a LTC, You that Ma. Law thing. OHHH! That's right if your in another state like New Hampshire or Vermont that doesn't apply imagine that!!!
Could you please restate your post more simply for me so that I can understand your reply to my post?

For instance: LTC not required for ammunition, even in Massachusetts, FID is good.i

Also, "You that Ma. Law thing." - don't understand.

And, "...if your in another state..." - your <what> in another state?

And, "that doesn't apply[,] imagine that" - I brought it up, that was my point.

--jcr
[map puzzle for anyone: What place in Massachusetts is farthest from another state's border, and what is that distance?]
 
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