The legality of “giving” your reloaded ammo away

[whatnickname]

This subject comes up from time to time and generally results in some pretty heated arguments on whether or not it is legal for an individual to give their reloaded ammo to others. Now for the record, IMO this is a decidedly bad idea from a personal liability standpoint. Secondly I have seen comments published in reputable publications stating that the BATF has keyed in on that portion of the Federal law that states a manufacturing license is not needed if an individual uses their reloaded ammo for ”their use only” and that any other uses of reloaded ammo will require a license to manufacture, thus placing anyone that puts their reloads to any other use, including giving it away, in violation of the law. I recall the BATF issuing a written position to this end but, I’ll be darned if I can pull this up on line. A good many people just go off the deep end arguing that a manufacturing license is only needed if reloaded ammo is “sold for profit or livelihood”. Does anyone out there recall the BATF issuing this ruling? If so when? Was this position ever retracted?

 

[LiveLife]

Disclaimer: I am not a lawyer, just a random layperson posting on THR.

I believe the requirement for manufacturing license are for those engaged in the "business of" manufacturing ammunition for sale.

As to "giving" your reloaded ammunition away, there's axiom in the "Handloading and Reloading" subcategory of "I do not let others shoot my reloads and I do not shoot others' reloads".

Why?

Because if anything happens related to the reloads, it eliminates the possibility of police/investigator asking, "Where did you say you got these rounds from?", especially if gun blows up.

Only exception for me is when others join me to the range and shoot my reloads in my guns while I am watching them.

 

[dogtown tom]

This subject comes up from time to time and generally results in some pretty heated arguments on whether or not it is legal for an individual to give their reloaded ammo to others.

No federal law or ATF regulation prohibits someone from giving away ammunition.
If you are manufacturing new, remanufactured, reloaded ammunition for sale you need an 06, 07 or 10FFL.

Now for the record, IMO this is a decidedly bad idea from a personal liability standpoint.

Horribly bad idea.

Secondly I have seen comments published in reputable publications stating that the BATF has keyed in on that portion of the Federal law that states a manufacturing license is not needed if an individual uses their reloaded ammo for ”their use only” and that any other uses of reloaded ammo will require a license to manufacture, thus placing anyone that puts their reloads to any other use, including giving it away, in violation of the law. I recall the BATF issuing a written position to this end but, I’ll be darned if I can pull this up on line. A good many people just go off the deep end arguing that a manufacturing license is only needed if reloaded ammo is “sold for profit or livelihood”. Does anyone out there recall the BATF issuing this ruling? If so when? Was this position ever retracted?

ATF has never checked any dealers bank account during a compliance inspection. They have no idea if the dealer is making a livelihood or profit. If the dealer bought guns and gave them away he is still "engaging in the business of dealing in firearms" which requires an FFL and abiding by the recordkeeping requirements.

I would bet someone who begins manufacturing ammunition and gives it away will soon find that even though he isn't making a profit, ATF will consider him as engaging in the business of manufacturing ammunition and will advise him to get an FFL.

Thinking "but I'm not profiting" or "it's not my livelihood" is foolish.

 

[Chief TC]

This ^^^^^^^^^

 

[Show Me]

Don't give away or sell your handloads. Stay away from crowds. Easy

 

[Howland937]

So in that vein, the guy who loads ammo for his buddy using components the buddy bought "made" the ammo. Does context or intent matter at all?
Acquiring a gun with any intent but to keep it makes you a gun dealer, licensed or not. Selling it isn't illegal...not being licensed is.

Is it the same with ammo? I load up 500 rounds, don't like how it shoots so I pass along 450 to someone in need (I would never. Just trying to learn something here) or sell it as components only. I made it with the intent to use it.

A friend brings powder, primers, brass and bullets wanting me to load a couple hundred 9mm. Doesn't matter why he can't or why it's easier for me or that no money changed hands. I made the ammo with zero intent to keep it, so I'm a manufacturer?

Shoot your reloads or break them down. Period.
Tell your friends to come use your gear, but make them do the work. Teach them if they don't know how...if you have to ask whether something completely unnecessary is legal or not, just don't do it.

 

[dogtown tom]

So in that vein, the guy who loads ammo for his buddy using components the buddy bought "made" the ammo. Does context or intent matter at all?

If you are loading ammunition for sale, you are engaging in the manufacture of ammunition. Loading up a box of twenty for a buddy is different than being the "ammunition guy" for a gun club of 200.

Acquiring a gun with any intent but to keep it makes you a gun dealer, licensed or not.

Not at all true.

Selling it isn't illegal...not being licensed is.

An FFL is only required when you are engaging in the business of dealing in firearms.
Most definitely, the repetitive buying and selling of firearms is considered as engaging in the business....which requires a license.
"Not being licensed" isn't illegal. Engaging in the business of dealing in firearms without that license is.

Is it the same with ammo?

Absolutely. See post #3

I load up 500 rounds, don't like how it shoots so I pass along 450 to someone in need (I would never. Just trying to learn something here) or sell it as components only. I made it with the intent to use it.

Again, are you doing so as a business?
Are you selling?
Do you give away ammunition regularly?

A friend brings powder, primers, brass and bullets wanting me to load a couple hundred 9mm. Doesn't matter why he can't or why it's easier for me or that no money changed hands. I made the ammo with zero intent to keep it, so I'm a manufacturer?

Again, are you engaging in the business of manufacturing ammunition? If not, then NO.

Tell your friends to come use your gear, but make them do the work. Teach them if they don't know how...if you have to ask whether something completely unnecessary is legal or not, just don't do it.

I would agree completely except for this.........what liability would you assume if one of your friends loads ammunition on YOUR gear, then is injured by that ammunition?
Plaintiff will argue "it wasn't my fault, it was the die, the press, the powder measure, inadequate instruction, etc"
No matter what your defense is, it's going to cost you thousands of $$$$$ before it ever sees a jury.

The reason you don't see a lot of 06FFL's is product liability. That insurance ain't cheap.

 

[whatnickname]

No federal law or ATF regulation prohibits someone from giving away ammunition.
If you are manufacturing new, remanufactured, reloaded ammunition for sale you need an 06, 07 or 10FFL.



Horribly bad idea.


ATF has never checked any dealers bank account during a compliance inspection. They have no idea if the dealer is making a livelihood or profit. If the dealer bought guns and gave them away he is still "engaging in the business of dealing in firearms" which requires an FFL and abiding by the recordkeeping requirements.

I would bet someone who begins manufacturing ammunition and gives it away will soon find that even though he isn't making a profit, ATF will consider him as engaging in the business of manufacturing ammunition and will advise him to get an FFL.

Thinking "but I'm not profiting" or "it's not my livelihood" is foolish.

That’s pretty much what I remember…ATF was focused on that portion of the law that stated “ for your use only “ and looked at everything else as a crime.

 

[KristopheCraig]

The relevant federal law governing the manufacture of ammunition is found in the Gun Control Act of 1968 (GCA) and subsequent amendments, as well as regulations enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Under federal law, individuals are generally allowed to reload ammunition for personal use without obtaining a manufacturing license. However, there are limitations and restrictions, and it's essential to understand and comply with these regulations to avoid legal issues. One key provision is that individuals who engage in the business of manufacturing ammunition for sale or distribution are required to obtain a federal firearms license (FFL) and comply with various regulations, including record-keeping requirements, background checks, and paying applicable taxes.