Buying Ammo from your Buddy? You're going to jail!

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OK, so I saw a post that got me really thinking that we're becoming very screwed up in this state.

Are we now worried about buying ammo from a buddy, neighbor or friend because it could be against the law?

The thought is that you can't buy ammo from someone that has extra ammo laying around and could use the extra cash. All because the friend doesn't have an Ammo Dealer License in the state of MA.

This can't be for real...right? That would then lead me to think that I can't buy a car from a private sale because he doesn't have a MA Auto Dealer's License.

Please tell me that I'm wrong on this one and that there's nothing to stop me from unloading some extra ammo I have to a buddy. Or to pick up some that my buddy has extra of...or if he's going to pick up some while he's out and got extra for me...and I pay him later after HE purchased the ammo.
 
Technically it's illegal to sell ammo without a license in MA.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section122B

Chapter 140 said:
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.

Any lawfully incorporated sporting or shooting club shall, upon application, be licensed to sell or supply ammunition for regulated shooting on their premises, as for skeet, target or trap shooting; provided, however, that such club license shall, in behalf of said club, be issued to and exercised by an officer or duly authorized member of the club who himself possesses a firearm identification card or a license to carry a firearm and who would not be disqualified to receive a license to sell ammunition in his own right. The licensing authority may revoke or suspend a license to sell ammunition for violation of any provision of this chapter.

The secretary of the executive office of public safety may establish such rules and regulations as he may deem necessary to carry out the provisions of this section.

Any person refused a license under this section or once issued a license under this section has had said license suspended or revoked may obtain a judicial review of such refusal, suspension or revocation by filing within thirty days of such refusal, suspension or revocation a petition for review thereof in the district court having jurisdiction in the city or town in which the applicant filed for such license, and a justice of said court, after a hearing, may direct that a license be issued the applicant if satisfied there was no reasonable ground for refusing such license and that the applicant was not prohibited by law from holding the same.

Whoever not being licensed, as hereinbefore provided, sells ammunition within the commonwealth shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years.
 
Its even worse than that. You have a buddy who has a rifle and or pistol and you have the same one. He/she is having some problems with it ...lets say ejecting the last shell. You also had the same issue. If you repair that firearm you are to have a Gunsmiths license. So if you use the car example; it would be like your buddy and you are changing out brakes, do we need a license. Its a little less strict, if you don't charge for the repair you may, I say may, be ok.Oh god what a state.

The law is pretty clear, if you sell ammo and you don't have a license to sell ammunition its a no no.IMO We are not talking a box of 20 here I assume.

Clubs need a license too!! Some folks tried the "donation" verbiage, it didn't hold up :(
 
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If the individual don't use the wording 'sell', that will work for me. 'trade' 'exchange'


Sent from my broken iPhone.
 
But that reads like it's for a Business. Not a private Citizen....

I'm not a lawyer, but to me "no person shall sell ammunition in the commonwealth unless duly licensed" sounds like it applies to private citizens as well.
 
But that reads like it's for a Business. Not a private Citizen....

I know that it was written to deal with businesses selling ammo, but agree that it is poorly written (like most MGL) and "could be interpreted" to apply to mere slaves of PRM. It's a "gray area" without a definitive answer.
 
I know that it was written to deal with businesses selling ammo, but agree that it is poorly written (like most MGL) and "could be interpreted" to apply to mere slaves of PRM. It's a "gray area" without a definitive answer.

Ugh, there are so many gay... ahem, excuse me, gray areas in MA law it seems that there is nothing in black & white anymore.

So if a buddy and I decide to split 1000 rounds of ammo, and I happen to be the one picking it up, I would be breaking the law by bringing it to him and collecting the predetermined amount of money for the ammo? WTF.
 
I attempted to get an Ammo Dealer's license, ("Just take an LTC application, and scratch out LTC, and write in ammunition dealer"), and was denied as I don't have a business.

PD wanted to know why - I explained that I have a C&R and wanted to make sure that, were I to get ahold of Mr. Oldguy's estate Garand, along with the ammo, it would all be legit. According to the PD, since I have no "business" (did not have to be a gun store, BTW) they were unable to issue.

The vibe was that it's not a problem, in the real world... It seems the intent was to add on charges for bad guys.....but I'd have liked it, regardless....
 
And which one of you is going to run to the local PD and announce that the transaction took place? If you're really worried about it, have your buddy draw a picture on a napkin and buy that from him instead and call it art. Then he can give you the ammo for free.
 
Is there any case law on this which is the basis for that statement?


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You dont need case law, it states no person, the club is a person, be it the president, VP etc. Clubs need FFL to store CMP rifles. While I was at Mansfield I tried to get the club to get an FFL to store CMP type rifles. The BOD would hear nothing of it. Said it was to difficult and "risky" There are clubs however who do, Holbrook is one. I only know that because I am a member there and have actually seen the license. They also have a license to sell ammunition because of their trap shooting competitions. Gives the members a break so they can practice more. They received their advise form their attorney. So case law,don't know, I am not a lawyer, and NEVER want to be. But with my experience in running a club and being a member of clubs who do sell ammunition , ya got to have the paper. Or you could pay the price.
 
God, I'm so glad I live in NH...it's amazing the crap you guys (and gals) have to go through in free-less states...
 
And which one of you is going to run to the local PD and announce that the transaction took place? If you're really worried about it, have your buddy draw a picture on a napkin and buy that from him instead and call it art. Then he can give you the ammo for free.

Ads on Internet forums can be used as "evidence" and Subpoenas issued to find out who belongs to what "handle". Just remember that our enemies read this forum too and have the ability to take action based on what they read here (it's been done before on other issues).

Back in the old "Blue Laws" days stores used to sell empty paper bags and then throw in free products . . . as most products could not legally be sold on Sundays back then, but there was no restriction on selling empty paper bags.
 
I don't think its the person running to the police is what folks are worried about. I would think its folks who sell on such places like the NES classified section.
 
Ugh, there are so many gay... ahem, excuse me, gray areas in MA law it seems that there is nothing in black & white anymore.

So if a buddy and I decide to split 1000 rounds of ammo, and I happen to be the one picking it up, I would be breaking the law by bringing it to him and collecting the predetermined amount of money for the ammo? WTF.

John, I have the answer, we go to a local church, we take a few donation envelopes, we then place the cash in the envelopes and when the black helicopters come flying in we can just say it was for the church. Heck works for me!
 
So I can't sell a rifle and "donate" 2 boxes of ammo to the individual I sold the gun to? I so hate this state.. I really can't wait to move to NH..
 
So I can't sell a rifle and "donate" 2 boxes of ammo to the individual I sold the gun to? I so hate this state.. I really can't wait to move to NH..

I didn't see anything there where it says you can't GIVE ammunition away. You just can't sell it.
 
Ads on Internet forums can be used as "evidence" and Subpoenas issued to find out who belongs to what "handle". Just remember that our enemies read this forum too and have the ability to take action based on what they read here (it's been done before on other issues).

Back in the old "Blue Laws" days stores used to sell empty paper bags and then throw in free products . . . as most products could not legally be sold on Sundays back then, but there was no restriction on selling empty paper bags.

I was responding to the OP's scenario of buying some ammo from a buddy. All bets are off when responding to an anonymous and or public internet posting.
 
Nobody ever got in trouble for keeping their mouth shut.

Kind of late for that now, this thread sort of dragged it out into the open. I half expect one of our "favorites" to drop a dime again...

I hate living here...
 
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