Question Regarding Purchase of Ammunition

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Incursion

New member
Is it considered illegal for a 21+ year old person to buy 9mm ammo for a 18-20 year old person?

I understand that it is perfectly legal for a 18-20 year old to buy a pistol from a private individual.

What if a 21+ year old person bought some 9mm defense ammo for a 18-20 year old, and the 18-20 year old used it in a home invasion situation? What are the legal reprecussions regarding this matter?
 
I

Incursion

New member
From what I've read, it is perfectly legal for a 18-20 year old to purchased a used pistol from a private individual in TX.
 
F

FPrice

New member
You really need to check the laws of whichever state you are in to see what the state says. For example, in my state, The People's Republic of Massachusetts, one needs a License to Carry Firearms in order to purchase a pistol AND pistol caliber ammunition. To give either to a person not so licensed would be a crime under state law. There are some exceptions if the person is your child and in your house, but this does not seem to be your situation

Your question about the home invasion situation has me a bit puzzled and concerned. Do you mean defending against an invasion of his home or participating in a home invasion?

If the latter, I think you could very well be held partly responsible for providing ammunition if it was used in the invasion.

But if you mean defending your home, I think that once again the operable point is your state laws and what they allow within one's own home.

I guess my concern would be why are you buying handgun ammo for this person if they are not in your family. If there is a genuine concern for home protection and the legality of buying/owning a handgun and ammo exists, that person could buy a shotgun and use that for protection.

While I do not like the way the laws are written and interpreted in some locations, I think you do have a responsibility to understand what laws are in effect and what the penalty is for breaking those laws.

Frosty
MOLON LABE
 
I

Incursion

New member
I'm not the one buying the ammo. To clarify my example:
let's say that someone in your family buys you 9mm defense ammo, but you don't live with the person. Let's say you own a pistol, but you're not 21. Now if someone invades your home and you shoot the person with your pistol, would you be charged with illegally obtaining ammo? Would the person who gave you the ammo be charged with illegally giving a person under the age of 21 pistol ammunition.

BTW I'm in TX. I'm pretty sure it's legal for a 18-20 year old to buy a pistol from a non FFL within the state. I'm wondering if it's legal for a 18-20 year old to buy a pistol from a non FFL from another state. I understand that the transfer must go through two FFLs, but from my understanding, neither FFL has to do a background check to verify if the buyer is 21 or over. Is this correct?
 
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FPrice

New member
Incursion,

I really cannot answer your question about being charged if the 18-20 yo uses said ammunition within their own house to protect themselves. You might be charged, but that depends upon your laws and the propensity of your local jurisdiction to press such charges. If the shooting is otherwise justified, and there are no other circumstances, then they might not inquire too closely. But I would hate to depend upon.

As far as buying a handgun across state lines from a non-FFL. The short answer is NO. The long answer is...NO. The transaction has to, by Federal law (the GCA of '68 I think) go through at least one FFL, that being in the person's home state. The person in the other state can send the handgun staight to the FFL, but I think they are required to get an original signed copy of the FFL license to be legal. Others may be able to explain this better.

To buy from an FFL, the seller (the FFL holder) MUST do a background check as directed by federal statute and as allowed by state law. In my state, the People's Republic of Massachusetts, our License to Carry Firearms (required to purchase a handgun) suffices as the check and allows us to pick up the handgun the same day we buy it.

I hope that we are working you towards an answer you guys can live with.

Frosty
MOLON LABE
 
I

Incursion

New member
Are you sure that you cannot buy a pistol from a non FFL in another state? What if the transfer goes through the seller's chosen FFL and the buyer's chosen FFL, but the funds go directly no the non FFL. I have not found anything in the ATF regs saying that you cannot buy from a non FFL from another state.
 
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FPrice

New member
Incursion,

You are splitting hairs. While I cannot give you a reference right now I know that you cannot buy across state lines from a non-FFL.

And whether you give the money to the FFL or straight to the seller, the fact is the transaction MUST be handled by an FFL in your home state.

I don't necessarily agree with this, but as far as I know, it is law.

Frosty
MOLON LABE
 
K

Kharn

New member
If the 21+ year old were to happen to have a surplus of ammunition, and were also to sell some of that ammunition to someone under 21 but over 18, no crime would be committed since there are no straw purchase laws on ammo. FFLs cannot sell ammo to someone under 21 and over 18 if they believe it will be used in a handgun. So, someone under 21 but over 18 could find a local dealer and say "I have a Marlin Camp Carbine in 9mm, I would like to buy some 9mm ammunition, please" and purchase the ammo. Of course, if the individual didnt have the Marlin, it wouldnt be very nice to the FFL.

Kharn
 
I

Incursion

New member
What do you mean the transaction must be conducted by a FFL of the home state? I understand that the gun must be shipped from and to a FFL. If you give the money straight to the seller (non FFL), then the transaction is not going through a FFL. However, just because the transaction is not going through an FFL does not mean the transfer isn't going through a FFL. From my understanding, there is no paper work that the buyer has to deal with in this situation.
 
F

FPrice

New member
Tell you what Incursion. Why don't you find an FFL in your home state and and ask him.

Frosty
MOLON LABE
 
F

FPrice

New member
And so do you.

Frosty
MOLON LABE

One final thought. I strongly feel that someone who is old enough to join the armed forces, fight and possibly die for their country, should be old enough to vote, buy a drink in public, and buy a firearm.
 
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