Selling Reloads

[downtown]

I have about 60rds of reloaded rounds for caliber I no longer shoot. Before I put them in the classifieds, is it ok to sell reloads? I didn't know if there was some legal mumbo jumbo about selling ammunition. Thank you.

[Sunfish]

I would not buy them to shoot but that's me. Depending on what they were I might buy them for components. Pretty much buyer beware on anything remanufactured  

[ReeferMac]

Yeah, ditto what @Sunfish said. While I trust me, I don't know if I would risk damaging my gun by shooting an unknown reload. While possible to get a double charge or something in commercial ammo, roll-your-own does come with some risks.

That being said, I received and shot some reloads from a TGO'er recently without issue! Simply can't find the commercial stuff, and it was a new (to me) item I've been dying to try. K-frames are pretty tough!

I do not believe there are any legal issues with private party sales in TN, and several members buy and sell ammo on the classifieds here all the time. If priced well, I'm sure it will be snatched up quickly and gratefully by fellow TGO'ers.

[downtown]

Thanks guys

[DO-TN]

If the recipe is noted it is easy to know if one of the rounds is off, double or sqiub. X case + X bullet + X primer + X amount of powder should weigh XX grains. Measure COL and it should be easy to spot one out of spec. That being said, if I did buy such a thing, I propbably would pull them, inspect, and reaload myself with a favorite recipie.

[deerslayer]

1 hour ago, DO-TN said:

If the recipe is noted it is easy to know if one of the rounds is off, double or sqiub. X case + X bullet + X primer + X amount of powder should weigh XX grains. Measure COL and it should be easy to spot one out of spec. That being said, if I did buy such a thing, I propbably would pull them, inspect, and reaload myself with a favorite recipie.

Weighing cartridges is not reliable if using mixed headstamp brass.  

[No_0ne]

Selling reloads opens you up to potential charges of manufacturing ammunition without a proper license.  Admittedly, the chances of actually being charged are remote, but personally I wouldn't risk it for what you would net selling a handful of reloaded cartridges ...

[Grayfox54]

What No One said. To sell reloads you must have the proper type FFL for manufacturing ammo. Although it is highly unlikely that selling just a few will get you into trouble, I certainly wouldn't post them for sale on the internet for all to see. 

If they are commercial reloads and labeled as such, it would be no different than selling factory ammo. 

[downtown]

OK, Thank you everyone. I'll just try to find a friend or someone to give them to. If there's even a .001% chance of an issue selling them, I'm not gonna do it.

[monkeylizard]

https://www.atf.gov/firearms/qa/person-who-reloads-ammunition-required-be-licensed-manufacturer

Is a person who reloads ammunition required to be licensed as a manufacturer?

Yes, if the person engages in the business of selling or distributing reloads for the purpose of livelihood and profit.

No, if the person reloads only for personal use.

[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41]

 

Further info from ATF documents: https://www.atf.gov/file/82791/download

Quote

The term “manufacturer” is defined by 18 U.S.C. 921(a)(10) as any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution.As applied to a manufacturer of firearms, the term “engaged in the business” is defined by 18 U.S.C. 921(a)(21)(A) and 27 CFR 478.11, as a “person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured.”

 

Of course the argument could be made that selling a few is a far cry from selling "for the purpose of livelihood" even if the profit requirement is met and the definition says livelihood AND profit, but it's a risk I wouldn't take.

 

Besides the possible (though highly unlikely) criminal ramifications, there's the risk of a civil suit if something is wrong with the ammo.

 

 

Edited June 27, 2021 by monkeylizard

[RED333]

Depending on the caliber, come to Mt Juliet, I will let you shoot what you have left in my firearms.

22LR, L, and Short, 25ACP, 38SPL and MAG, 44SPL and MAG, 45 COLT, 40S&W, 223, 556, 308, 7.62 NATO, 7mm REM MAG, 30-06, 12 Gauge

[downtown]

What about liability if I just gave them to someone, free?

[monkeylizard]

IANAL, but I don't think money has to change hands. The liability is the same.

If they were mine, I'd be willing to give them to a fellow reloader who would sign a letter saying he/she would not fire the reloads and would instead disassemble them and use the components. Simple and should be risk free on your part. It really doesn't have to be any more complicated than a single sentence or two, a signature, and a date.

Or better yet, I'd pull the bullets, dump the powder, and hand over the components.

 

Edited June 27, 2021 by monkeylizard

[Darrell]

I wouldn't over-think the situation. Whether you sell the ammo or give it away, just make it clear to the recipient that the rounds are reloads.  I cannot imagine that you're a "manufacturer" in this scenario. I would be hesitant to shoot someone else's reloads, but with the current ammo shortage someone will want it and be grateful for it.  But bear in mind I am not an attorney or an expert on the subject, just offering an opinion, which is probably worth the paper its written on.