I realize those GB and gun show 7.62MM API cartridges are legal for individuals to sell or trade, but the question becomes, at what point will BATF&E say that the guy is no longer an individual but a dealer? How many does he have to sell and how often does he have to do it? BATF&E does monitor GB and the shows. I certainly would not try it. Even if you are perfectly within the law, you’re still faced with having your stuff confiscated and defending yourself.
Remember the guy who got run over by a semi while crossing the street in a crosswalk. He was in the right, but he was still dead.
They actually spell it out in the law with definitions for “manufacturing”, “importation”, “distribution”, and “dealer sales”. This is basically how they determine when one should be required to have an FFL license of some sort. The definitions (buried in various complex federal laws) all sound the same actually, and they all read like this:
a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported"
That one is specific to importation, but you can substitute in “manufacturing”, or “dealer-level sales” for that as well. The key differentiation is where it says principal objective being livelihood & profit through sale and most Gunbroker sellers don’t make the majority of their income via resale of ammo. The other way would be if one had a retail location of some sort and was selling any quantity of ammo and charging state sales tax for it as a regular business - that would dictate the need for a license to sell as a dealer. I agree that one way to get attention is to be constantly selling AP ammo, but in 10 years of Gunbroker I have never had any problem, and I have never heard of or seen any other seller having any problem since what they are doing on a sale by sale basis is perfectly legal. That goes for artillery shells, grenades, cartridges over .50cal which seem live, detonator devices, 40mm munitions, short barrel weapons, tear gas, and various questionably de-milled destructive devices. Heck, they used to sell 80% complete full auto machine gun receivers on Ebay before Ebay itself, not law enforcement, got concerned about it. In terms of earnings per year by selling ammo - that is more of a potential IRS issue for the seller, and could go towards defining whether they had ought to be classed as a “dealer”. [color=#BF0000](Please don’t take this as concrete legal affrirmation or a position by the IAA, it is just my personal interpretation)[/color]
One thing I do see however is near constant violation of various states laws on Gunbroker with people selling things in certain states which are restricted per those specific state’s laws (felony level stuff). I sometimes email the seller and advise them, but again - in ten years I have never seen or heard of anyone ever getting in trouble or even noticed, and this leaves me to assume that the enforcement out there simply isn’t looking because they either have more important things to do, don’t know about it, or don’t care. It’s never anything nefarious, usually just sellers who don’t know that 1950’s Czech 9x19 or German wartime 9x19 has an iron core, etc… Example: i just bought a lot of 9mm Czech ammo from a guy who had it listed as Israeli surplus 9mm because it had a “Star of David” on the headstamp. He wasn’t in a ban state for that ammo, but you can see how people would be oblivious to the violation.