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Unlawful to share reloads?

Henry0ReillyHenry0Reilly Member Posts: 10,878 ✭✭✭
edited January 2007 in General Discussion
What's up with this? Is it unlawful to share reloaded ammo?

quote:Originally posted by Smoky14
Had an ATF agent at our local range trying to get people to do some reloading for him. Such an AH, the guy who said he would was clued in before he got into trouble.
You'd think they would have better things to do with their time.
I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly

Comments

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    zipperzapzipperzap Member Posts: 25,057
    edited November -1
    Don't know about that - but I wouldn't do it - too dangerous.[:0]
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    crims40crims40 Member Posts: 1,107 ✭✭✭✭
    edited November -1
    I'd like to see something in writing on that. Its common practice for someone to do all the reloading for a group of shooters in a club or friends if they pitch in and buy the components. I still do that regularly........A friend of mine did all the reloading for the Sheriffs Office for their field practices.
    crims40
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    MVPMVP Member Posts: 25,074
    edited November -1
    The story is incomplete. What was the ATF agent trying to get loaded? was that load legal?
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    Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 39,382 ***** Forums Admin
    edited November -1
    Probably a case of a government pay check drawer talking out his *, like that never happened before.
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    1911a1-fan1911a1-fan Member Posts: 51,193 ✭✭
    edited November -1
    i have said this before, last time was when nunn wanted some reloads, yes you must have a manufacturers license to reload ammunition for anyone besides personal use

    i do not see what is so hard to understand about it, just like alcohol you can make so much for personal use, it is in the book, i am getting ready to leave for new years, i will find it when i get back
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    gunnut505gunnut505 Member Posts: 10,290
    edited November -1
    Wonder where this "ATF agent" gets his ammo?
    I did a 5,000 round batch for the boyz at FLETC last summer, seems they couldn't afford to buy new, and needed enough for their burpgun class. I only charged them for the bullets, since they wanted XTPs in 9mm+p configuration.
    I loaded them to the step just below maximum in my Vihtavouri manual and they really zinged!
    I suppose they could call it "manufacturing", but to what end?
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    idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    the author of the original post was ignorant. This is not illegal. it is merely "at your own risk". You can legally buy custom handloads at gunshows.
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    crims40crims40 Member Posts: 1,107 ✭✭✭✭
    edited November -1
    quote:the author of the original post was ignorant. This is not illegal. it is merely "at your own risk". You can legally buy custom handloads at gunshows.
    Exactly...I bought 1,000 rds from a guy at the last gun show because it was cheaper then what I could reload them for....[:)][:)]
    crims40
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    zipperzapzipperzap Member Posts: 25,057
    edited November -1
    I've got a story about 'at your own risk' pertaining to reloads and a friend of mine.
    Posted it before. I never do it anymore.[8D]
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    idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    What if someone hands you a gun containing reloads that they themself handloaded? Technically, he's sharing his handloads and he's merely loaning you a gun to fire them. I've fired other people's handloads through their guns several times.
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    1911a1-fan1911a1-fan Member Posts: 51,193 ✭✭
    edited November -1
    quote:Originally posted by idsman75
    the author of the original post was ignorant. This is not illegal. it is merely "at your own risk". You can legally buy custom handloads at gunshows.


    no it is not legal, unless they have a manufacturers license!

    it is also illegal to posses more than 10,000 primers of one type, there is also a legal limit of the amount of powder you can posses {20 pounds}



    http://www.atf.gov/firearms/nlc/ffl/faqs_manu.htm

    Is one who reloads ammunition required to be licensed as a manufacturer? [Top]

    Yes, if he engages in the business of selling or distributing reloads for the purposes of livelihood or profit. No, if he reloads only for his own use.


    search around before you criticize, you can buy crack but it doesn't make it legal
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    PearywPearyw Member Posts: 3,699
    edited November -1
    I will only let close friends that I believe won't sue me shoot some of my reloads. There is no way that I would sell them any. I live in the state of Alabama where suing each other is common. I carry a $1,000,000 umbrella liability insurance policy just to protect myself.
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    Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 39,382 ***** Forums Admin
    edited November -1
    quote:distributing reloads for the purposes of livelihood or profit.
    So, if you reload some ammo for someone and charge them for the components it is legal. Not wise IMO, but legal.
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    gskyhawkgskyhawk Member Posts: 4,773
    edited November -1
    Yes, if he engages in the business of selling or distributing reloads for the purposes of livelihood or profit. No, if he reloads only for his own use.


    doesn't sound to me like any one is in the busines of selling or distributing for the purposed of liveiohood or profit
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    crims40crims40 Member Posts: 1,107 ✭✭✭✭
    edited November -1
    I'm in deep do-do, because for doing all this reloading, I get treated with a free lunch at the shoots we go to...hence, my livelihood. I'm quiting as of now, before the ATF finds out. [}:)][;)] Of course, my Dillon will become rusty, but that is the penalty of being legal..................I guess.
    crims40
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    320090T320090T Member Posts: 2,715 ✭✭✭✭✭
    edited November -1
    If someone is "short" a round on the trap, sporting clays, or skeet field and you give someone a reload that blows up in their gun, you are libel and may be sued! I never carry re-loads as extra shells, always factory. If someone needs a shell, they get a factory shell with the factory warranty. Factory shells are easily identified so there is no question.
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    idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    Now that I have seen the law, I believe that this is similar to selling your own private firearms to a certain extent. You can't do it for a profit.

    In other words, you can handload for a friend so long as you don't make any money off it.
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    ZinderblocZinderbloc Member Posts: 925 ✭✭✭✭
    edited November -1
    I'm thinking safety has nothing to do with this topic.

    Like everything else involving the gov't, this is a TAX issue.

    If you "manufacture" ammo you must pay the 11% Pittman-Roberts tax. If you reload for someone else, the gov't doesn't get the tax.

    The only way to get around this is to reload the actual empty brass that the customer provides.

    It's about money, guys. It's always about taxes and money.
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    allen griggsallen griggs Member Posts: 35,242 ✭✭✭✭
    edited November -1
    This law sounds similar to the booze laws.
    As 1911A1 said, you can make booze but not sell it. I make a lot of beer and wine. I think the limit is 200 gallons of beer a year a person can make. You can give your beer away, but selling is illegal. Distillation is completely illegal.
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    Grunt2Grunt2 Member Posts: 2,525 ✭✭✭✭
    edited November -1
    Not true...The 06 license was deregulated MANY years ago..! Anyone can manufacture and sell common ammunition as long as you have a business license and comply with tax regulations..The 11% Pittman-Roberts tax is only for ammunition made with new brass that the maker provides..If the customer provides you with the brass (new or used) the 11% tax is not required. I am not aware of any BATF reg. prohibiting a person from loading, lending or selling a person of legal status...ammunition. If anyone has something in print that says otherwise...I would like to see it. Sounds like another urban legend to me..

    quote:Originally posted by 1911a1fan
    i have said this before, last time was when nunn wanted some reloads, yes you must have a manufacturers license to reload ammunition for anyone besides personal use

    i do not see what is so hard to understand about it, just like alcohol you can make so much for personal use, it is in the book, i am getting ready to leave for new years, i will find it when i get back
    Retired LEO
    Combat Vet VN
    D.A.V Life Member
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    dongizmodongizmo Member Posts: 14,477 ✭✭
    edited November -1
    quote:Originally posted by 1911a1fan
    quote:Originally posted by idsman75
    the author of the original post was ignorant. This is not illegal. it is merely "at your own risk". You can legally buy custom handloads at gunshows.


    no it is not legal, unless they have a manufacturers license!

    it is also illegal to posses more than 10,000 primers of one type, there is also a legal limit of the amount of powder you can posses {20 pounds}



    http://www.atf.gov/firearms/nlc/ffl/faqs_manu.htm

    Is one who reloads ammunition required to be licensed as a manufacturer? [Top]

    Yes, if he engages in the business of selling or distributing reloads for the purposes of livelihood or profit. No, if he reloads only for his own use.


    search around before you criticize, you can buy crack but it doesn't make it legal

    What reference do you have for this?
    I was just looking at the batfe web site and I could not find anything about a limit on smokeless powder or primers
    (other than black powder, 50 lb)
    Don
    The ultimate result of shielding men from the effects of folly, is to fill the world with fools.
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    Smoky14Smoky14 Member Posts: 531 ✭✭✭
    edited November -1
    Now that you have called me every thing from stupid...[xx(]. Read the law
    carefully.
    You can load for someone FREE of charge IF you use their components and do NOT CO-MINGLE components you have laying around.
    More than one guy has been suckered into an illegal position by an agent looking for a cheap bust.
    It is a chicken s#%* bust but they do make them. Just because you may get by with loading for a Fed don't think it's legal unless you follow very stringent rules.
    Smoky the CAREFUL[8D]
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    GUNFUNCOGUNFUNCO Member Posts: 2,921 ✭✭✭
    edited November -1
    this is what I believe to be correct.

    There is a FET (federal excise tax) on new guns and ammo. 10% on long guns, 11% on handguns and ammunition. Also on reloaded ammo-11%-if you sell the ammunition all together. I have seen people selling loaded ammo as "for components only" to avoid paying the tax. I think they are asking for trouble but I don't agree with the law.

    I think you can reload other peoples brass without incurring the tax but any income would be subject to regular income tax if done for the principal purpose of profit.

    The law is called (I think) "The Federal Aid to Wildlife Restoration Act' and is commonly called the Pittman/Robertson Act after the legislators that wrote and sponsored the law. The tax is collected by the feds as a FET and then redistributed to the states. I think, (but I do not know for sure) that numbers of hunting licenses and amount of land able to be used by the public figures into how much each state gets.

    Here in Michigan, the money goes to purchase private lands that are turned into "state game areas" for hunting. The money is allowed to be used for purchase, upkeep and enforcement of laws regarding these public lands used for hunting. The state pays the county "payment in leiu of taxes", plus sign posting, litter cleanup, protection from abuse by orv's, vehicles, and horses etc. Also barriers and cutting of grass in parking lots etc. All this from your tax dollars from buying guns and ammo. Hunter and shooters foot this bill and the states are supposed to favor the hunter when conflicts arise between users. This differs from other types of state land like state forests, state parks, state access sites, and state recreation areas. Each of these different types of state lands gets their funding from different places or parts of places, like general fund money, hunting license money, boat registration money, snowmobile license and trail sticker money, orv license money and on and on.

    We as hunters and sportspeople pay even more than the already overtaxed people of our state and nation, but I, for one, think the Pittman/Robertson is a positive thing. I think the law could be amended to allow the small, hobby reloader that doesn't sell over 10,000 rounds a year or something like that to exist without hurting the resources too badly. This is the same problem the small custom "gunmakers' and gunsmiths have run into. They take a custom 1911a1 gun frame and make you a race gun or pin gun or take a ruger redhawk and turn it into a 50 caliber and then get hit after the fact because they "manufactured" a gun without paying the tax.

    I hope this info helps clear things up...
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    GUNFUNCOGUNFUNCO Member Posts: 2,921 ✭✭✭
    edited November -1
    Also as far as storage of powders go, I think that has to do with state and/or federal fire protection laws. Some of the powder companies print the info on their brochures. Like no more that 30 lbs in one location and the next location has to be so many feet away from the first. Also I think if you have black powder for sale you must have proper storage in a properly designed powder magazine etc.
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    mrseatlemrseatle Member Posts: 15,467 ✭✭✭
    edited November -1
    Most Ranges Sell some reloaded ammo too, but I prefer the Gun Show stuff.
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    sharpshooter039sharpshooter039 Member Posts: 5,897 ✭✭✭
    edited November -1
    I will have to go along with Mr. Seatle.I dont know the law but I have bought a ton of reloads at shooting ranges,they may be lic. I dont know,I was at a skeet range out in the glades outside of Miami many years back and set there and watches them load several thousand rounds before we went to shoot/
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    Smoky14Smoky14 Member Posts: 531 ✭✭✭
    edited November -1
    Here is the quote from the ATF reg. Please note line six on returning "the identical shells" This is where the ATF bites you in the butt.
    Hope this helps Smoky [:)]


    Reloading of used shells or cartridges is considered manufacturing for purposes of excise tax. Sale of such shells by the reloader is subject to the excise tax. However, if the reloader merely reloads shells belonging to a customer and is paid for labor and materials, the reloading service is not a taxable sale, as long as the reloader returns the identical shells provided by the customer to that same customer. In such cases the customer is the manufacturer and would not be liable for the tax if the shell are manufactured for personal use. If the customer sells reloaded shells or uses them in a business, e.g., shooting range, the customer would be liable for the tax.
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    wipalawipala Member Posts: 11,068
    edited November -1
    quote:Originally posted by Henry0Reilly
    What's up with this? Is it unlawful to share reloaded ammo?

    quote:Originally posted by Smoky14
    Had an ATF agent at our local range trying to get people to do some reloading for him. Such an AH, the guy who said he would was clued in before he got into trouble.
    You'd think they would have better things to do with their time.


    They get you for manufacturing without a license and failure to pay taxes. What is illegal is selling your reloads.
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    dclocodcloco Member Posts: 2,967
    edited November -1
    quote:Originally posted by Smoky14
    Here is the quote from the ATF reg. Please note line six on returning "the identical shells" This is where the ATF bites you in the butt.
    Hope this helps Smoky [:)]


    Reloading of used shells or cartridges is considered manufacturing for purposes of excise tax. Sale of such shells by the reloader is subject to the excise tax. However, if the reloader merely reloads shells belonging to a customer and is paid for labor and materials, the reloading service is not a taxable sale, as long as the reloader returns the identical shells provided by the customer to that same customer. In such cases the customer is the manufacturer and would not be liable for the tax if the shell are manufactured for personal use. If the customer sells reloaded shells or uses them in a business, e.g., shooting range, the customer would be liable for the tax.



    I believe this is true. There is one other point not mentioned...as long as the reloader is not SELLING the reloads.

    I reload for a couple of people, not much, just enough for them to shoot a couple hundred rounds a year. But, I do NOT accept payment for the reloads. THEY supply all material.
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