Legallity of selling reloads

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  • araugh

    Laser Nerd
    Sep 2, 2008
    630
    Laurel, MD
    I'm getting into reloading and was wondering if it's legal for me to sell my reloads at cost to friends. I'm not looking to make a profit or anything, I just want to hook 2 or 3 friends up with quality cheap ammo so they can't claim that that's why I'm a better shot then them. ;)

    Are there any Maryland (Anne Arundel County and Howard County as well) regulations that make this illegal, provided that the recipients can legally purchase ammo from any gun shop?

    Thanks.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,593
    pretty sure it's waaaaay illegal unless you've got a manufacturing license...no reason you couldn't just give it to them though....i'm sure they'd be so happy they might even buy you a beer or two.
     

    joppaj

    Moderator
    Staff member
    Moderator
    Apr 11, 2008
    46,843
    MD
    Do what my friend does for me. Have them buy all the components, you just assemble them.
     

    Cochise

    Ultimate Member
    Sep 5, 2008
    1,387
    Rockville
    You need a manufacturers license and really good liabilitiy insurance....I might fly under the radar w/o the license but you are way open to a lawsuit if something goes wrong. I will only shoot MY reloads.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,789
    Glen Burnie
    I'm getting into reloading and was wondering if it's legal for me to sell my reloads at cost to friends. I'm not looking to make a profit or anything, I just want to hook 2 or 3 friends up with quality cheap ammo so they can't claim that that's why I'm a better shot then them. ;)

    Are there any Maryland (Anne Arundel County and Howard County as well) regulations that make this illegal, provided that the recipients can legally purchase ammo from any gun shop?

    Thanks.
    Why not look at it a little differently? Why not provide them the service of reloading their ammo if they buy the components? Isn't that essentially the same thing without the ominous overtones of selling them reloaded ammo?
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,789
    Glen Burnie
    pretty sure it's waaaaay illegal unless you've got a manufacturing license...no reason you couldn't just give it to them though....i'm sure they'd be so happy they might even buy you a beer or two.
    Or possibly a pound of powder and a thousand primers? And maybe a box of bullets?
     

    a81lp

    Ultimate Member
    MDS Supporter
    Nov 15, 2008
    2,959
    just curious, how can a place like H&M sell reloads?
     
    Last edited:

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I'm getting into reloading and was wondering if it's legal for me to sell my reloads at cost to friends. I'm not looking to make a profit or anything, I just want to hook 2 or 3 friends up with quality cheap ammo so they can't claim that that's why I'm a better shot then them. ;)

    Are there any Maryland (Anne Arundel County and Howard County as well) regulations that make this illegal, provided that the recipients can legally purchase ammo from any gun shop?

    Thanks.

    pretty sure it's waaaaay illegal unless you've got a manufacturing license...no reason you couldn't just give it to them though....i'm sure they'd be so happy they might even buy you a beer or two.
    I am not a lawyer, but it's legal.

    Maryland...note, the key words are "engaging in the business of":
    § 11-105. License required; exceptions.

    (a) In general.- Except as otherwise provided in this subtitle, a person shall obtain a license issued under this subtitle before the person engages in business as a manufacturer or dealer, possesses explosives other than explosives for use in firearms, or possesses or stores explosives for use in firearms in the State.

    (b) License to engage in business as dealer required.-

    (1) A person shall obtain a license to engage in business as a dealer under this subtitle before the person engages in the business of loading or reloading small arms ammunition in the State.
    http://www.firemarshal.state.md.us/

    For federal is is the same thing "engages in the business of", but the feds define the term at the very least to be making a profit. If MD has the same definition, then doing the service at cost is not for profit and in my understanding is not engaging in the business of manufacturing and no license required.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    ...

    Are there any Maryland (Anne Arundel County and Howard County as well) regulations that make this illegal, provided that the recipients can legally purchase ammo from any gun shop?
    ....
    There is a state preemption on regulation of ammunition or ammunition components. You do however have to watch out for the state five pounds of powder limit and the multi family dwellings prohibition though.
     

    mikec

    Ultimate Member
    Dec 1, 2007
    11,453
    Off I-83
    just curious, how can a place like H&M sell reloads?

    I have never been there but are they actually assembling them there or are they selling commercially produced reloads? Ammo like Zero brand. At one point there were several companies making commercial reloads. 3-D along with Zero were the big ones when I was younger. Shot plenty of those in my .38
     

    mikec

    Ultimate Member
    Dec 1, 2007
    11,453
    Off I-83
    Is there anything that prohibits one from renting their press and bench to another? Let's say Norton had a full setup, could he let Novus bring his own components over and load them at Norton's home? Paying a small fee for use of the space and hardware and maybe a cold soft drink.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,748
    PA
    You May assemble other people's components that they bought themselves, for them for a fee.

    You may not manufacture and sell reloaded or new ammo without a license from the BATF, and you have to pay a federal excise tax of around 13% IIRC. As Novus pointed out, this applies to those "engaged in the buisness of", and selling them at cost is a grey area witout much case law to say one way or the other, my advice would be to avoid being the test case.

    Liability is also ridiculous, if your buddy blows up his gun, and it takes a hand with it, he will probably end up owning your house. Never assume someone would not turn gypsy if the price was right.

    not 100% sure, but H&M probably has a BATFE "ammunition manufacture's license".
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Is there anything that prohibits one from renting their press and bench to another?
    No
    I am not a lawyer, but I will bet money on it.
    Let's say Norton had a full setup, could he let Novus bring his own components over and load them at Norton's home? Paying a small fee for use of the space and hardware and maybe a cold soft drink.
    Outside of zoning for businesses and any possible tax issues, I see absolutely no reason why you can't.
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    Legally, if you take someone out on your boat and they give you even $5.00 for gas you need a captains license. I guess it all depends on how good of a Friend you are talking about.
     

    MauiWowie

    I have the SIGness...
    Nov 23, 2008
    7,349
    Harford Co.
    just curious, how can a place like H&M sell reloads?

    The reloads they sell are made by a company that does this for a living....
    they get them cheap and bend you over to buy them from them.....
    Yes its legal but it hurts to pay $20 for a box of .40 reloads
     

    guthook

    Grrr.
    Apr 7, 2008
    7,056
    St. Mary's
    I remember the gun shows at the La Plata Armory had a guy selling ziplock bags full of ammo, but they may have been broken down from a bigger bulk package.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    As I understand it you need a license to engage in the business of ammo manufacturing. If you are making ammo to distribute to others, but not doing it for a profit, then I think you are in gray area. In my layman's opinion only it is probably okay, but it is still taking a heck of a risk. If something ever happened I would not want to be in that position. The way things are now, if you are accused of doing it as a business, you are going to have a hell of a time refuting it in front of a judge or jury who know little or nothing about firearms and even less about manufacturing ammo.

    Those businesses selling the reloads of others, in my opinion, would not need an FFL unless they were assembling the ammo themselves. Merely selling ammo that has already been manufactured does not require an FFL. However, if they knowingly sold ammo from someone they knew was violating federal law, by manufacturing ammo as a business without an FFL, then they could hypothetically be construed to be an accessory. I am not a lawyer, this is just my opinion.

    Why can't it be like I'm told it was in the 1960's when nobody worried about this crap and the best gun stores were hardware stores!
     

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