Selling part of collection


#1

I think I want to sell off some of my collection… it’s gotten too large for me and isn’t a hand-me-down able since relatives are in a strict gun state.

I know you can sell here and on gunbroker … but how do I sell considering the laws for different states? I don’t want to be caught selling
ammo and shipping to a state that it would be illegal to do so.


#2

bomar

The laws of the different States are the responsibility of the buyer. You cannot be expected to know every State, County, and City law and regulation. Ask for a signed statement saying it’s legal, and a DL to verify age. Shipping is by UPS and FedEx Ground only. If the buyer lies and receives a banned cartridge, it’s going to be his/her neck, not yours (if he/she is caught).

JMHO

Ray


#3

Thank you. I figure with so much going on in some states, it would be a mess trying to keep up with them all!


#4

I think only hollow-points and color tips are problematic in a couple of states. Other than those types, I believe you are ok everywhere, assuming you’re talking about under .50 cal.


#5

Jon, AP pistol rounds are illegal in many states. I would be careful here. Many of them have no distinguishing markings, so it is not just color-tip rounds and hollow points. Anyone know what states ban mere possession of HP ammunition - I was unaware that the were illegal outright in any state. Even California does not ban them - yet!


#6

Ah, but who besides a cartridge collector is going to be able to ID an AP round without a color tip? Aren’t HPs illegal in NJ?


#7

Bomar97 - selling on the forum, or offering for sale is ok in the buy/sell/trade folder, where you must be a paying IAA subscription member to post. For the various state laws on ammo:

Hollow point pistol rds are only illegal in NJ when carried loaded in terms of pistol calibers. They are not illegal to own, but are harder to find.

Pistol caliber AP cartridges are illegal to possess in CA, TX, IL, NJ, KY, and Wash D.C. (in KY this does not apply to cartridges owned prior to July 15th, 1994). IN RI pistol AP loads are illegal to own only if they are truncated profile.

Teflon-coated pistol rds (KTW) are illegal to possess in the aforementioned states, as well as IN, HI, AL, KS, NC, SC, and OK.

.50BMG in AP, API, APIT, SLAP, and Incendiary are illegal to own in CT (.50BMG ball ammo is legal though).

Exploding bullets, 12ga flame shells, 12ga bolo, and 12ga flechette loads are illegal to possess in IL and IA

Exploding bullets, pistol caliber AP, 12ga flame shells, 12ga bolo, and 12ga flechette loads are illegal to offer for sale, sell, or deliver in FL

In Louisiana, owning pistol caliber AP requires a permit from the police, and in Maine it must be a part of a “bona-fide collection”, although the Mine law offers no definition for “collection”.

Exploding bullets are banned in TN

All that being said… these laws are not enforced or even known of 99.99999% of the time. The laws are mostly in place to allow for enhanced prosecution of criminals who are apprehended for crimes, and who have such ammunition in their possession at the time. In CA, they do have fairly strict adherence to their laws, but I have lost count of the number of times I have seen sellers / buyers on Gunbroker with all types of offending ammo in various states where restricted. It doesn’t really get any easier than monitoring Gunbroker since the state the seller is in is shown, and if police are ignoring this, then they are not trying at all. Still, one should be careful as these laws are state felony offenses in most cases.


#8

California enforces the ammunition laws with a passion whenever any comes to their attention, including when agents spot it at gun shows or dealers, or if someone comes to the attention of authorities in one way or another and it is found in their possession. They do NOT go door to door, or go to gun clubs and look at every cartridge, etc.

On explosive ammunition, you missed California. It is illegal in any form and is not even covered by the possession of a California Destructive Device License.
I am sure there are legal ways for certain classes of buyers to own them, but it does not include collectors, hunters, match shooters, of casual firearms owners.

Flechette ammunition is also illegal in California. There may be other mistakes in the list on this thread, but those are ones that jumped right out at me.

Getting a Destructive Device License is difficult, potentially very expensive, and potentially very intrusive.

Be very, very careful about laws in states known to be repressive in the ownership of certains classes of ammo, such as California, Hawaii, New Jersey, Massachusetts, and many others, as items shown here may not be all-inclusive.

By the way, as a matter of law, I am not at all sure that someone who ships illegal ammunition into a state, even if legal in is state, is legally in the clear with all responsibility on the recipient. In fact, I would say they are not. However, it is a matter of enforcement, and the difficulties of inter-state enforcement if the violation is one of state law, and not Federal.


#9

In the past, Massachusetts has gone after DEALERS who sell ammunition to MASSachusetts residents without having a Mass. ammo seller license. And the state won those cases.

I don’t understand the legal basis for that, but cannot afford to waste $$$$$ on lawyers so just will not sell ammo to MASS residents.

Flee to freedom while you still can, and escape such nonsense.


#10

Well now this is discouraging… I did look on a sale site ( may have been gunbrokers ) and saw this disclaimer posted with a box of ammo:

Ammo ships FedEx Ground only. Ammunition is being sold AS-IS with no warranty expressed, implied or stated. Identification: You must provide proof of age by either sending photocopy of Driver’s License or other government provided identification. You must be 18 years of age to purchase rifle ammunition and 21 years of age to purchase handgun ammunition. Winning bidders residing in Illinois or any other state that requires Firearms Owner Identification document to purchase/possess ammunition must also provide a copy of that document. Any state or city that bans the online sales of ammunition will not be shipped. Some of these states/cities may be Chicago and Cook County, New Jersey, Mass., Maryland, California, the San Francisco Bay Area or New York City.

I guess I could go that route… I could try selling to dealers in state, but would have to travel a ways to get into a populated area where things sell. I see boxes of collectible sitting on shelves for years… and not because it’s over-priced. Right now it’s cheaper than buying the same caliber new!

I do know someone locally who knows someone who buys two piece empty boxes… I think mostly shotshell… but I only have one in not so collectible condition - and is one of the first boxes I ever got.


#11

On shipping ammo into a state where it is illegal to possess; it would be a bit of a stretch, but a county / state D.A. could try and pin “conspiracy to commit illegal possession” on the shipper if they think they can prove the seller knew it was illegal for those in the receiving state to possess such ammunition and the shipper was acting as an enabler (particularly if the ammo was used in a high-profile crime). This would depend on several things including whether it were just one or two cartridges as collector specimens, or a larger “shooter quantity” of ammo. But if the government monitoring of such transactions is anything like their monitoring of ammunition sent through the mail (illegal to ship ammo via US postal), then one has to assume it is non-existent. I see dozens upon dozens of sellers on Gunbroker who list shipping as “First Class” or as costing $6.00 to ship, when UPS or FedEX minimum is always $12.00 or $13.00. I always ship ammo via UPS, but I have lost count of the ammo I have received via US Mail, and I don’t usually know if it is going to arrive that way.


#12

Bomar - the quotation you cite is a typical ammo seller’s statement that one might find on Gunbroker or Gunauction.com. Sellers usually say where they will and will not ship, and by what method they will ship. Many seller’s will ask for a copy of an ID and a signed statement saying that they are over a certain age, and that they are legally eligible to purchase & possess such ammunition where they live. When legality is in question, many sellers believe this to be sort of a release of liability whereas the buyer is assuming responsibility by signing.

Of course many other sellers have no such statement or requirement, and will ship ammo anywhere / anyhow, but they are taking a small risk if anything goes wrong.


#13

Well, in 99% of my ammo, I paid the going cost or less as ammunition price. I did pay more for an obsolete box of ammo, but even that was probably below regular market price. So if I hem and haw and decide I don’t like the idea of selling ammo on the internet and instead just using it or selling to friends who use that caliber, I’m not really out of anything!