Live in MA, Can I sell Ammo in surrounding free states?

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I have a couple cases of personal use stuff that I don't feel I can make use of in the next couple of years because of a disability.
so your not a dealer you don't need a license, and before you ask for a statute. That is not how laws work. They prohibit they don't work the other way around
 
Hi,
I live in MA, can I legally sell ammo to people in surrounding free states? I have a C&R FFL, but no license to sell ammo. Specifically, in person, advertised on NES, driven from MA to another nearby state. My approach to laws are to do everything 100% according to the law, without ANY short cuts. So please keep that in mind if you provide an answer. For example, I would not sell (or buy) even 1 bullet to a friend in MA. And I wouldn't sell the paper box for $20 and give the contents for free. Please don't tell me how to skirt laws, only tell me what is 100% perfectly legal. Or better yet, send me links to laws or facts. Thanks for your time and help.
This issue has been discussed on NES previously. You can find a thread about it here: private sale of ammo in MA? there is also a law which speaks to the topic generally here, https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section122B However, my understanding of how this has been interpreted is that it applies to people who are in the business of selling ammunition. And that's readily evident by the fact that an ammunition dealer is allowed to have a larger supply on his premises than an individual is allowed to have at home. However, if you are concerned about 122B and feel it requires you to have a sales license to sell of a few personally owned boxes, then remind yourself of these three things: 1) The law is never interpreted so as to yield an absurd result, and it's absurd to require a licensing scheme of this type to apply to a de minimus private sale of a few boxes; 2) You could advertise the ammo here to be sold as one single transaction, contingent upon them meeting you in Woonsocket or Nashua to take possession or c) Or possibly, you could type up a receipt which states that they are paying $0 for the ammo and $x for delivery, then if the person you deliver it to shows you that they have and LTC.

Please keep in mind that MGL and CMR both have the force of law and between them make the regulatory picture more clear. This CMR https://www.mass.gov/files/documents/2017/10/11/527cmr1.pdf talks about a storage license not being needed for "private use" ammo under certain limits, but the MGL previously cited is silent on the "private use" distinction. My understanding is that the private use ammo distinction is understood and enforced across the spectrum of all MA state ammo laws, but I'm not a lawyer and I don't give legal advice. That said, the CMR I linked to even specifically mentions "commercial use".

Now I know this is a lot to process, but it's reasonably clear that the ammo sales license in question from 122B is in fact intended for those who are in the business of selling ammunition, which is why the official state page (Information for firearms dealers) where you can get the license application talks about "Firearms dealer business location requirements". It's very clear that the license to sell ammunition (https://www.mass.gov/media/9611/download) is not a stand alone ammo license, but rather it's a parameter of the dealer's license; such licenses only being available to those who are actually in the business of selling firearms/ammo. This understanding is bolstered by the fact that private sales of even firearms are allowed - no firearms dealer license required for that (you can transfer four firearms personally per year in MA - see this: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A).

Taken together, the reasonable conclusion to draw is that if a person is not engaged in the sale of ammunition as a business and they are only selling a modest quantity of personally owned ammo, then the laws cannot be interpreted as to require that he obtain a dealer's license; for the simple reason, he's not a dealer. And that understanding is bolstered by this sentence from the MGL (Ch 140 s122B) itself "Every license shall specify the street and number, if any, of the building where the business is to be carried on." The emphasis on the word "business" is mine, but I think that provides all the information you need. If in Massachusetts, you are engaged in the business of selling ammunition, then you would need a MA dealer's license, specifically for ammunition. But if not, you don't. Now, what's a "business"?

The best way to understand that is the most simple: A for-profit business is an ongoing enterprise which provides goods and/or services for a profit. A non-profit business does the same, but with an aim for social good and not for a profit. A person who paints his friend's garage for $300 is not in business per se. But if he holds himself out to be a garage painter and starts painting a series of garages, then he's in business. The key here would be if your activities are deliberately aimed at conducting commerce or if they are incidental to existing.

USA is a nation of ordered liberty. What that means is that absent an express restriction on your liberty (which does not violate your state or federal rights), you are allowed to go about your affairs in a reasonable manner, unmolested. The bottom line of regulated activities is this: There are some which are red-line "do not murder" and some which are context dependent "no reckless driving". Driving at a fast clip to keep up with the highway traffic might be speeding, but it's not reckless per se. Driving that same speed in a residential neighborhood very well could be. Similarly, a "business" of doing something is fact-driven and context dependent. If you inherit 10,000 round of ammunition and you sell it off piecemeal, that's not a business. Neither would it be if you built up a 10,000 round personal ammo supply and then, before moving sold it to avoid needing to transport it.

But if you had a small side gig where you sold firearms holsters and decided to start selling 100 rounds of ammo a month, even that small amount would be a business. Thus, to me, the bright line test would be this: Are you a regular commercial seller of things in MA? Do your activities regularly require you to collect sales tax on those sales? If yes to both of those, you are engaged in the business of selling things and if you add ammunition to the list to things you sell, you need the firearms dealer ammunition sales license. Last point: The distinction between personal property and business sales inventory in Massachusetts is this: a) has sales tax already been paid in MA on the item and/or has personal use tax already been paid?

Now, some things, such as cars, require sales tax each time they a sold (registered, actually), but generally speaking, in MA if you own personal property in Ma and the original sale conveyance of that property was already taxed in MA, no sales tax is required to sell it again. If you own it via your business and you take it out for personal use for free, "use tax" is still required (and income tax on the value of the property). So to sum up, if you are not in the business of selling items and you are only selling off personally owned ammunition and if those sales do not require you to collect MA sales tax, then it cannot reasonably be construed that you are in the business of selling ammunition and therefore, MGL Ch 140 §122B does not apply to you.

But as I said, I am not a lawyer and I don't give legal advice. But I will offer to buy your ammo, if you send me a message (if the price is good and it's something I can use). And if you are still worried, we can do the transaction with my FFL dealer friend as a principal/ intermediary. He'll take possession and ownership from you and then he will sell me the items I want, leaving the rest for him to sell in his shop. Let me know....

And as for your questions about "out of state"; once you are clear on MA laws, then the questions become: which states are you talking about and how would you physically convey the ammunition? But I've already spoken to that above, so let's not repeat.
 
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This issue has been discussed on NES previously. You can find a thread about it here: private sale of ammo in MA? there is also a law which speaks to the topic generally here, https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section122B However, my understanding of how this has been interpreted is that it applies to people who are in the business of selling ammunition. And that's readily evident by the fact that an ammunition dealer is allowed to have a larger supply on his premises than an individual is allowed to have at home. However, if you are concerned about 122B and feel it requires you to have a sales license to sell of a few personally owned boxes, then remind yourself of these three things: 1) The law is never interpreted so as to yield an absurd result, and it's absurd to require a licensing scheme of this type to apply to a de minimus private sale of a few boxes; 2) You could advertise the ammo here to be sold as one single transaction, contingent upon them meeting you in Woonsocket or Nashua to take possession or c) You would type up a receipt which states that they are paying $0 for the ammo and $x for delivery, then if the person you deliver it to shows you that they have and LTC. Please keep in mind that MGL and CMR both have the force of law and between them make the regulatory picture more clear. This CMR https://www.mass.gov/files/documents/2017/10/11/527cmr1.pdf talks about a storage license not being needed for "private use" ammo under certain limits, but the MGL previously cited is silent on the "private use" distinction. My understanding is that the private use ammo distinction is understood and enforced across the spectrum of all MA state ammo laws, but I'm not a lawyer and I don't give legal advice. That said, the CMR I linked to even specifically mentions "commercial use". Now I know this is a lot to process, but it's reasonably clear that the ammo sales license in question from 122B is in fact intended for those who are in the business of selling ammunition, which is why the official state page (Information for firearms dealers) where you can get the license application talks about "Firearms dealer business location requirements". It's very clear that the license to sell ammunition (https://www.mass.gov/media/9611/download) is not a stand alone ammo license, but rather it's a parameter of the dealer's license; such licenses only being available to those who are actually in the business of selling firearms/ammo. This understanding is bolstered by the fact that private sales of even firearms are allowed - no firearms dealer license required for that (you can transfer four firearms personally per year in MA - see this: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A). Taken together, the reasonable conclusion to draw is that if a person is not engaged in the sale of ammunition as a business and they are only selling a modest quantity of personally owned ammo, then the laws cannot be interpreted as to require that he obtain a dealer's license; for the simple reason, he's not a dealer. And that understanding is bolstered by this sentence from the MGL (Ch 140 s122B) itself "Every license shall specify the street and number, if any, of the building where the business is to be carried on." The emphasis on the word "business" is mine, but I think that provides all the information you need. If in Massachusetts, you are engaged in the business of selling ammunition, then you would need a MA dealer's license, specifically for ammunition. But if not, you don't. Now, what's a "business"? The best way to understand that is the most simple: A for-profit business is an ongoing enterprise which provides goods and/or services for a profit. A non-profit business does the same, but with an aim for social good and not for a profit. A person who paints his friend's garage for $300 is not in business per se. But if he holds himself out to be a garage painter and starts painting a series of garages, then he's in business. The key here would be if your activities are deliberately gained at conducting commerce or if they are incidental to existing. USA is a nation of ordered liberty. What that means is that absent an express restriction on your liberty (which does not violate your state or federal rights), you are allowed to go about your affairs in a reasonable manner. unmolested. the bottom line of regulated activities is this: There are some which are red-line "do not murder" and some which are context dependent "no reckless driving". Driving at a fast clip to keep up with the highway traffic might be speeding, but it's not reckless per se. Driving that same speed in a residential neighborhood very well could be. Similarly, a "business" of doing something is fact-driven and context dependent. If you inherit 10,000 round of ammunition and you sell it off piecemeal, that's not a business. Neither would it be if you built up a 10,000 round personal ammo supply and then, before moving sold it to avoid needing to transport it. But if you had a small side gig where you sold firearms holsters and decided to start selling 100 rounds of ammo a month, even that small amount would be a business. Thus, to me, the bright line test would be this: Are you a regular commercial seller of things in MA? Do your activities regularly require you to collect sales tax on those sales? If yes to both of those, you are engaged in the business of selling things and if you add ammunition to the list to things you sell, you need the firearms dealer ammunition sales license. Last point: The distinction between personal property and business sales inventory in Massachusetts is this: a) has sales tax already been paid in MA on the item and/or has personal use tax already been paid? Now, some things, such as cars, require sales tax each time they a sold (registered, actually), but generally speaking, in MA if you own personal property in Ma and the original sale conveyance of that property was already taxed in MA, no sales tax is required to sell it again. If you own it via your business and you take it out for personal use for free, "use tax" is still required (and income tax on the value of the property). so to sum up, if you are not in the business of selling items and you are only selling of personally owned ammunition and if those sales do not require you to collect MA sales tax, then it cannot reasonably be construed that you are in the business of selling ammunition and therefore, MGL Ch 140 §122B does not apply to you. But as I said, I am not a lawyer and I don't give legal advice. But I will offer to buy your ammo, if you send me a message (if the price is good and it's something I can use). And if you are still worried, we can do the transaction with my FFL dealer friend as a principal/ intermediary. He'll take possession and ownership from you and then he will sell me the items I want, leaving the rest for him to sell in his shop. Let me know.... And as for your questions about "out of state"; once you are clear on MA laws, then the questions become: which states are you talking about and how would you physically convey the ammunition? But I've already spoken to that above, so let's not repeat.
I am completely overwhelmed and appreciative of the generosity of your time, attention to detail, and context that you have provided. I feel that I have actually learned something constructive, and useful, for this issue, and so many related things. And that your dialog will be helpful for many other readers as well. Thank you so much! I wish that your email can be flagged as a definitive answer, or voted on, as other websites and blogs provide for online (for high tech and programming issues at least).
 
You should NOT sell a firearm in MA which you bought under your FFL03 unless you transferred it off your C&R books to yourself via the MA gun portal - and then transferred it within the portal to the other person. This would then fall under the annual personal transfer limit.

This is wrong, the two are mutually exclusive. You don't transfer it to yourself from federal book to MA portal.. You were required to register the gun in the MA portal when you received it and in your bound book if you were an FFL03 at the time you acquired it. If you acquired it prior to your FFL03 then when you sell it, you transfer it to the buyer and list it as coming from your collection. You also must do the eFA10 to the buyer.
 
This issue has been discussed on NES previously. You can find a thread about it here: private sale of ammo in MA? there is also a law which speaks to the topic generally here, https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section122B However, my understanding of how this has been interpreted is that it applies to people who are in the business of selling ammunition. And that's readily evident by the fact that an ammunition dealer is allowed to have a larger supply on his premises than an individual is allowed to have at home. However, if you are concerned about 122B and feel it requires you to have a sales license to sell of a few personally owned boxes, then remind yourself of these three things: 1) The law is never interpreted so as to yield an absurd result, and it's absurd to require a licensing scheme of this type to apply to a de minimus private sale of a few boxes; 2) You could advertise the ammo here to be sold as one single transaction, contingent upon them meeting you in Woonsocket or Nashua to take possession or c) You would type up a receipt which states that they are paying $0 for the ammo and $x for delivery, then if the person you deliver it to shows you that they have and LTC. Please keep in mind that MGL and CMR both have the force of law and between them make the regulatory picture more clear. This CMR https://www.mass.gov/files/documents/2017/10/11/527cmr1.pdf talks about a storage license not being needed for "private use" ammo under certain limits, but the MGL previously cited is silent on the "private use" distinction. My understanding is that the private use ammo distinction is understood and enforced across the spectrum of all MA state ammo laws, but I'm not a lawyer and I don't give legal advice. That said, the CMR I linked to even specifically mentions "commercial use". Now I know this is a lot to process, but it's reasonably clear that the ammo sales license in question from 122B is in fact intended for those who are in the business of selling ammunition, which is why the official state page (Information for firearms dealers) where you can get the license application talks about "Firearms dealer business location requirements". It's very clear that the license to sell ammunition (https://www.mass.gov/media/9611/download) is not a stand alone ammo license, but rather it's a parameter of the dealer's license; such licenses only being available to those who are actually in the business of selling firearms/ammo. This understanding is bolstered by the fact that private sales of even firearms are allowed - no firearms dealer license required for that (you can transfer four firearms personally per year in MA - see this: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A). Taken together, the reasonable conclusion to draw is that if a person is not engaged in the sale of ammunition as a business and they are only selling a modest quantity of personally owned ammo, then the laws cannot be interpreted as to require that he obtain a dealer's license; for the simple reason, he's not a dealer. And that understanding is bolstered by this sentence from the MGL (Ch 140 s122B) itself "Every license shall specify the street and number, if any, of the building where the business is to be carried on." The emphasis on the word "business" is mine, but I think that provides all the information you need. If in Massachusetts, you are engaged in the business of selling ammunition, then you would need a MA dealer's license, specifically for ammunition. But if not, you don't. Now, what's a "business"? The best way to understand that is the most simple: A for-profit business is an ongoing enterprise which provides goods and/or services for a profit. A non-profit business does the same, but with an aim for social good and not for a profit. A person who paints his friend's garage for $300 is not in business per se. But if he holds himself out to be a garage painter and starts painting a series of garages, then he's in business. The key here would be if your activities are deliberately gained at conducting commerce or if they are incidental to existing. USA is a nation of ordered liberty. What that means is that absent an express restriction on your liberty (which does not violate your state or federal rights), you are allowed to go about your affairs in a reasonable manner. unmolested. the bottom line of regulated activities is this: There are some which are red-line "do not murder" and some which are context dependent "no reckless driving". Driving at a fast clip to keep up with the highway traffic might be speeding, but it's not reckless per se. Driving that same speed in a residential neighborhood very well could be. Similarly, a "business" of doing something is fact-driven and context dependent. If you inherit 10,000 round of ammunition and you sell it off piecemeal, that's not a business. Neither would it be if you built up a 10,000 round personal ammo supply and then, before moving sold it to avoid needing to transport it. But if you had a small side gig where you sold firearms holsters and decided to start selling 100 rounds of ammo a month, even that small amount would be a business. Thus, to me, the bright line test would be this: Are you a regular commercial seller of things in MA? Do your activities regularly require you to collect sales tax on those sales? If yes to both of those, you are engaged in the business of selling things and if you add ammunition to the list to things you sell, you need the firearms dealer ammunition sales license. Last point: The distinction between personal property and business sales inventory in Massachusetts is this: a) has sales tax already been paid in MA on the item and/or has personal use tax already been paid? Now, some things, such as cars, require sales tax each time they a sold (registered, actually), but generally speaking, in MA if you own personal property in Ma and the original sale conveyance of that property was already taxed in MA, no sales tax is required to sell it again. If you own it via your business and you take it out for personal use for free, "use tax" is still required (and income tax on the value of the property). so to sum up, if you are not in the business of selling items and you are only selling of personally owned ammunition and if those sales do not require you to collect MA sales tax, then it cannot reasonably be construed that you are in the business of selling ammunition and therefore, MGL Ch 140 §122B does not apply to you. But as I said, I am not a lawyer and I don't give legal advice. But I will offer to buy your ammo, if you send me a message (if the price is good and it's something I can use). And if you are still worried, we can do the transaction with my FFL dealer friend as a principal/ intermediary. He'll take possession and ownership from you and then he will sell me the items I want, leaving the rest for him to sell in his shop. Let me know.... And as for your questions about "out of state"; once you are clear on MA laws, then the questions become: which states are you talking about and how would you physically convey the ammunition? But I've already spoken to that above, so let's not repeat.

If someone feels compelled to think/care this much about whether or not to sell ammo on a private sale in MA (or elsewhere for that matter) they could probably just do themselves a
huge favor by, simply not doing it.
 
This is wrong, the two are mutually exclusive. You don't transfer it to yourself from federal book to MA portal.. You were required to register the gun in the MA portal when you received it and in your bound book if you were an FFL03 at the time you acquired it. If you acquired it prior to your FFL03 then when you sell it, you transfer it to the buyer and list it as coming from your collection. You also must do the eFA10 to the buyer.
That depends on if the FFL03 is issued to you personally or to an entity. Look at the application: https://www.atf.gov/firearms/docs/f...rearms-license-atf-form-531012531016/download FFL03 licenses can indeed be issued to legal entities and as such, that entity owns the firearm not you. Also, read this: Apply for a License | Bureau of Alcohol, Tobacco, Firearms and Explosives
 
If someone feels compelled to think/care this much about whether or not to sell ammo on a private sale in MA (or elsewhere for that matter) they could probably just do themselves a
huge favor by, simply not doing it.

This.

And... paragraph breaks, @Safety1st-MA. That's all I'll say about that.

Bottom line, OP, like a lot of us have been saying all along: sell, or not. But you'll always be able to find enough grey area to back your bias up, either way.
 
If someone feels compelled to think/care this much about whether or not to sell ammo on a private sale in MA (or elsewhere for that matter) they could probably just do themselves a
huge favor by, simply not doing it.
@drgrant Why be so snide? The OP clealry was in need of help - and was very thankful I posted. Your kind of gripe adds nothing to the conversation
 
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@drgrant Why be so snide? The OP clealry was in need of help - and was very thankful I posted. Your kind of gripe add nothing to the conversation
The OP is hopelessly biased, and as many of us pointed out very early in this thread, is looking for a certainty that does not exist, notwithstanding your thorough answer... an answer many of us had already given. He likes yours because it's wordy, and that's what he's admitted he's looking for.

I'll believe he's internalized your reply when I see a WTS ad from him.

As for drgrant, I suspect that once you've been here a little longer and contributed a bit more, you too will be utterly sick of dealing with tiresome repeat posts, and with people scared of their own shadows.
 
I am completely overwhelmed and appreciative of the generosity of your time, attention to detail, and context that you have provided. I feel that I have actually learned something constructive, and useful, for this issue, and so many related things. And that your dialog will be helpful for many other readers as well. Thank you so much! I wish that your email can be flagged as a definitive answer, or voted on, as other websites and blogs provide for online (for high tech and programming issues at least).
I am glad I was able to help. Send me a message if you want to offer me your ammunition.
 
Because in my experience people who need to think about simple things to that degree usually end up getting themselves in trouble.
Snideness does not help this community. Those who understand the important regulatory distinctions which impact our 2A rights in this state, need to be willing to help other also learn.
 
Lol except that this issue really isn't that important. Or complicated. Suit yourself, though.
Your comment only shows that you don't care to understand other people. You might be at peace on this topic with total confidence, but others are not. The purpose of sharing information is to help those who seek to build up their understanding. And why, if this doesn't interest you, are you butting in to nay-say the dialog of others? Why not just keep your snideness to yourself?
 
I am completely overwhelmed and appreciative of the generosity of your time, attention to detail, and context that you have provided. I feel that I have actually learned something constructive, and useful, for this issue, and so many related things. And that your dialog will be helpful for many other readers as well. Thank you so much! I wish that your email can be flagged as a definitive answer, or voted on, as other websites and blogs provide for online (for high tech and programming issues at least).
If you want to send a link to people, so they can read my comments and read the links I posted, you can send them this: Live in MA, Can I sell Ammo in surrounding free states?
Try it yourself - it leads directly to my detailed post, which I have checked for typos and sectioned into paragraphs for readability. This is the link: tinyurl.com/y32rc9tz
 
You really should call the experts. Your local PD should be able to answer that, or refer you to someone that can.

That or call the AG's office. I don't have the number handy but Google will tell you. That's actually better. Forget what I said about the locals. AGs office will definitely know. They're good people. Don't listen to the jerks around here. They helped me a while back with a gym that was being a dickhead about cancelling the membership.
@namedpipes - It's not edifying to the conversation for you to call people "around here" "jerks". Also, you genuinely must not know anything about law, if you think the AG in MA will give you a legal opinion. The AG represents the state, not individual citizens. Not only that, but it's been the unspoken official policy of MA goverment for years, to refuse to add any clarity to legal issues pertaining to gun laws., except to declare even more restrictions.

But since it's my thread comments you are insinuating against, I challenge you to point out even one factual error, incorrect citation or flaw in my reasoning. And if you can;t why are you chiming in with hostile comments? how does that help anything? And BTW, if you are going to see someone government to discuss a point law as it relates to firearms/ammunition, you might have some success getting verbal answers over the phone by calling a District Attorney's office, not the AG. This sometimes works (I've successfully done it one one occasion) , but even with that, they won't legal opinion. And without a court ruling which speaks to the issue. But since you prefer to think that some of the people around here are jerks, perhaps you should take some time and actually read the law.

Read this https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129c It has more information, which if you are able to grasp it, makes clear that what I've said so far is correct.

"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."

It's a very clear that a person who is licensed via FID or LTC is indeed allowed to sell ammunition to another person who is also licensed with FID or LTC.

So please @namedpipes, stop spreading FUD (Fear, Uncertainty and doubt)
 
The OP is hopelessly biased, and as many of us pointed out very early in this thread, is looking for a certainty that does not exist, notwithstanding your thorough answer... an answer many of us had already given. He likes yours because it's wordy, and that's what he's admitted he's looking for.

I'll believe he's internalized your reply when I see a WTS ad from him.

As for drgrant, I suspect that once you've been here a little longer and contributed a bit more, you too will be utterly sick of dealing with tiresome repeat posts, and with people scared of their own shadows.
Perhaps, but if (or when) that day comes, I will still respect the fact that some people who just learning to ride are fearful of falling over. And to those people, my aim is to always try to have a helpful word. Personally, I prefer to be an ambassador of good will to people who are seeking reliable information upon which to base their decisions. And to stay with the BMX analogy; when it comes to understanding your gun rights, you might be a Travis Pastrana, but few people are. Many people still have training wheels on and my aim is to be gracious to them. When it comes to gun laws and rights, you might be fearless, but many others are not... Note: See fearless here:
View: https://www.youtube.com/watch?v=0e31bJDspEc
 
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@namedpipes - It's not edifying to the conversation for you to call people "around here" "jerks". Also, you genuinely must not know anything about law, if you think the AG in MA will give you a legal opinion. The AG represents the state, not individual citizens. Not only that, but it's been the unspoken official policy of MA goverment for years, to refuse to add any clarity to legal issues pertaining to gun laws., except to declare even more restrictions.

But since it's my thread comments you are insinuating against, I challenge you to point out even one factual error, incorrect citation or flaw in my reasoning. And if you can;t why are you chiming in with hostile comments? how does that help anything? And BTW, if you are going to see someone government to discuss a point law as it relates to firearms/ammunition, you might have some success getting verbal answers over the phone by calling a District Attorney's office, not the AG. This sometimes works (I've successfully done it one one occasion) , but even with that, they won't legal opinion. And without a court ruling which speaks to the issue. But since you prefer to think that some of the people around here are jerks, perhaps you should take some time and actually read the law.

Read this https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129c It has more information, which if you are able to grasp it, makes clear that what I've said so far is correct.

"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."

It's a very clear that a person who is licensed via FID or LTC is indeed allowed to sell ammunition to another person who is also licensed with FID or LTC.

So please @namedpipes, stop spreading FUD (Fear, Uncertainty and doubt)

You should remove the stick. You'll walk more comfortably.
 
That depends on if the FFL03 is issued to you personally or to an entity. Look at the application: https://www.atf.gov/firearms/docs/f...rearms-license-atf-form-531012531016/download FFL03 licenses can indeed be issued to legal entities and as such, that entity owns the firearm not you. Also, read this: Apply for a License | Bureau of Alcohol, Tobacco, Firearms and Explosives
The C&R FFL form is the same form used for Dealer/Mfr FFLs. It asks for business hours, titles, etc. I am not certain that BATFE would process a "business" C&R FFL application, but I can tell you that as far as MA is concerned, every gun has to be owned by a person not a business (exceptions for PDs, dealers/mfrs, gunsmiths). Even gun clubs have to register each club-owned gun under a "responsible person" name in the eFA-10 system.
 
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The C&R FFL form is the same form used for Dealer/Mfr FFLs. It asks for business hours, titles, etc. I am not certain that BATFE would process a "business" C&R FFL application, but I can tell you that as far as MA is concerned, every gun has to be owned by a person not a business (exceptions for PDs, dealers/mfrs, gunsmiths). Even gun clubs have to register each club-owned gun under a "responsible person" name in the eFA-10 system.
Did you bother to read the FFL license application? I posted the link above, but here it is again. And here is what is EXPRESSLY says at the check box for choosing license type of "Collector" (which is FFL03): "Collector (which can be an individual/partnership/corporation or LLC)" https://www.atf.gov/firearms/docs/f...rearms-license-atf-form-531012531016/download

Please stop speculating and read the actual application. You can indeed get an FFL03 in the name of an individual/partnership/corporation or LLC.
And it's absolutely true that you are 100% wrong to claim every gun has to owned by a person, if by person you mean an individual, as apposed to an entity created under the law, such as a corporation or LLC, etc. (which are sometimes referred to as a "person" in laws, but they are not individuals).

Do you think an individual (a person) owns the firearms in this museum: https://springfieldmuseums.org/collections/category/weaponry/ ? No! They are owned by the museum and are on display here: https://springfieldmuseums.org/abou...ory/smith-wesson-gallery-of-firearms-history/

And in fact, Sect 128A (which requires the Gun Portal be used by individuals) specifically provides for museum ownership and specifically prvoides those transfers to museums to be exempt from the Portal Transfer process:

From the Portal: https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentHome
Massachusetts General Law c. 140, §§128A and 128B, requires all individuals who sell, transfer, inherit, or lose a firearm to report the sale, transfer, inheritance, or loss of the firearms to the Department of Criminal Justice Information Services Firearms Records Bureau (FRB). This on-line system will allow you to report the sale, transfer, inheritance, or loss/theft data electronically to the FRB.

From §128A: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A
Section 128A. The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public...

From §128B: Section 128B. Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, other than from a licensee under section one hundred and twenty-two or a person authorized to sell firearms under section one hundred and twenty-eight A, and any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source within or without the commonwealth, other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the commissioner of the department of criminal justice information services the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number. Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $500 nor more than $1,000 and for any subsequent offense by imprisonment in the state prison for not more than ten year
 
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