Its only a sale if theres tax and a receipt involved.
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Would it be leagal for a MA dealer to sell Ammo in NH
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I once asked Glidden about this and after his face twisted he asked me why I was asking. His response was that S. 122B is strictly about dealers and dealer licenses, not about mere subjects with proper LTC/FID and thus it was perfectly legal for a LTC/FID holder to sell their own stock of ammo.
alan226
NES Member
What about the sales tax? An FFL purchases it from a wholesaler and resells it as an individual without collecting the sales tax. Thant's not going to go over well. And someone WOULD rat them out....Lol so if the license is that limiting, thats why no remote dealer has an MA ammo dealer license....
If I was an MA FFL right now I'd be saying f*** it, and just have people come into my shop by appointment if they were buying a minimum of 200 bucks worth of ammo or something. That's another way someone could compromise. No "retail open sign" level of exposure to get flogged over, still can sell ammo.
Then again even before the Baker f***head edict went out, I think most of the smaller shops were probably blown clean of most ammo unless they had been laying down serious cash or had some shipments inbound....
-Mike
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
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If I am not mistaken New Hampshire does not require a license to sell ammo. Firearms is another story. There is guy in the West side of Swanzey for years all he sold was ammo as he told me that it not require a license, but the sign for his shop required permission from the ZBA.
CrackPot
NES Member
If I listed all the places where Gidden was just plain wrong, made shit up, etc, we would be here a while. His book definitely takes creative license where ever it suits his purpose, especially as it relates to dealers.
122B is not ambiguous. WHOEVER not being licensed as herinbefore provided sells ammunition. It does not say whoever has one license under this chapter but not an ammo license or something similar such that it becomes firearms dealers w/o ammo licenses.
Who knows what Glidden was thinking when he answered you the way he did.
If it was about dealers and dealer licenses, then the only case that matters is an individual with a dealers license or gunsmithing license but not a ammo license. But of course, this person has an LTC so again, his response makes zero sense.
It does not even say as licensed in this chapter, or sec 122 or other qualifier. licensed as herinbefore provided, so anyone not licensed under 122B would be in violation of 122B if they sold ammo.
And no, I know of no case law on this. One of our resident lawyers will have to answer that.
alan226
NES Member
Probably the same way Amazon collects MA sales tax when selling goods?
My daughter bought furniture at Bob's store in NH. They collected a MA sales tax because it was being shipped to an address in MA...
Nothing in MA is on the level
My daughter bought furniture at Bob's store in NH. They collected a MA sales tax because it was being shipped to an address in MA...
Nothing in MA is on the level
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KBCraig
NES Member
Just call it a "gun show", and you're good.
KBCraig
NES Member
It's still a misdafelony within the Commonwealth.
![[hmmm]](/xen/styles/default/xenforo/smilies.vb/009.gif "Hmm [hmmm]")
mothybee
NES Member
That's true of murder too.
slap shot
NES Member
If you follow Shooter's Outpost on social media Jim mentioned that he cleaned out a Mass shop of their ammo once they were forced to close.
I think for Mass dealers this is waaaay more plausible solution to the problem.
I think for Mass dealers this is waaaay more plausible solution to the problem.
Think about the MA dealers who you would see selling ammo at NH gun shows in years past.
Sales tax is based on the delivery/location, and is typically subject to exceptions exempting it too..
If you sell something in NH, its NH tax law you worry about (ie 0%).. this is why in MA they get you for sales tax upon initial registration - otherwise would be harder to enforce.
Many expensive items not covered by special exemptions can be delivered to steer clear of such taxes, ie buying something like a $20,000 generator? Cheaper to pay $200 in freight to an address or depot outside of MA (even if it's from a store local to MA) versus paying sales tax.
If you sell something in NH, its NH tax law you worry about (ie 0%).. this is why in MA they get you for sales tax upon initial registration - otherwise would be harder to enforce.
Many expensive items not covered by special exemptions can be delivered to steer clear of such taxes, ie buying something like a $20,000 generator? Cheaper to pay $200 in freight to an address or depot outside of MA (even if it's from a store local to MA) versus paying sales tax.
one-eyed Jack
Manufacturer
You have to learn to game the system. Years ago I ordered new sliders for my breezeway here in Mass from a local outfit to be delivered to my NH address (summer property). The deal was that the driver would stop at my house here in Mass and pick up the CASH on the way to NH. Somehow the sliders "fell"off the truck and ended up in my driveway. Win Win. Jack.
When I lived in CT, I was selling high end stereo equipment. When I sold to Navy personnel, I would meet them and do the transaction at the Sub Base. US Gov't property, no CT sales tax due!!
When I lived in CT, I was selling high end stereo equipment. When I sold to Navy personnel, I would meet them and do the transaction at the Sub Base. US Gov't property, no CT sales tax due!!
CT is a pain, don't even seem to have an exemption for doing business with other state residents. Bought a diesel engine from a dealer there and it had to be shipped, even though I could've easily picked it up, just to avoid the tax. Really stupid, even MA allows signing off on a form for big $$ items (swearing they are leaving the state with you) so their businesses can compete.
