"The Reloading/Handloading Loophole"?

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CmdrSlander

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So in some places (nationwide?) it is illegal for persons under 21 to purchase handguns or handgun ammo. Let's say, for the sake of argument, that someone over 18 but under 21 legally owns a rifle in a handgun caliber. This person would still be barred from buying handgun ammo (for their rifle) in a store, but could purchase a reloading/handloading setup and the components to load their own "handgun" ammo for their legally owned rifle. I'm fairly sure I've run across a loophole in the "no handgun ammo to people under 21" law. Would the described act (loading your own handgun ammo when under 21 but over 18) be legal?
 
It really all depends on the hypothetical law that prohibits 18-21 year olds from buying handgun ammo. It's pretty much impossible to tell you what would be legal or illegal in a given place without looking at the laws of that place themselves.

However, if the hypothetical law simply said that it was unlawful for a store to sell handgun ammunition to someone under 21, then it does seem like it would not be illegal for them to buy primers, bullets, cases and powder. But like I said, it all depends on the wording of the actual statute.

I think that more often, it isn't a law that forbids buying handgun ammo, but retailers refusing to do it. And they're refusing to sell the ammo based on company policy, not a law. The company policy is probably usually in place because you can't legally buy a handgun from an FFL if you're under 21, so they think "Why would you need handgun ammo?"

Ask a question about a specific state law and you'll probably get a better answer.

Aaron (who is a lawyer, but not your lawyer, and isn't giving you legal advice)
 
Well, since it isn't really a hypothetical law as 18 USC § 922(b)(1)) states:

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;​

Conveniently, most laws include a definition section:
18 USC § 921(a)
(17)
(A) The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.​

Seems like components would fall under the law.
 
In most states, the restriction is only on "licensed" (that is FFL's) dealers, and that is a federal restriction, not a state restriction. You do not need an FFL to sell ammo, so all the 18 to 21 year old needs to do is find a store that sells ammo, but not firearms. Our local hardware store in my case.
 
Also, if you look at the wording of the law (posted by Jorg) it is illegal for the dealer to sell the ammo to you, not for you to receive or possess it. If they DO sell it to you (and you didn't mislead them by lying to them about your age) its their problem.

On the same line of thought as hermannr, you could also try to find a website that sells ammo but doesn't hold a FFL. Most require you to be 21 and to send in a copy of your DL to prove it, but some only require you to be 18.
 
That's why when you buy ammo at Walmart they ask if it's for a handgun or a rifle. The cartridge doesn't matter, it's the usage. A 19 year old can buy .38 Specials or 9mm Luger ammo if it's for a rifle or carbine. (You might have trouble finding someone who believes you that those 2 cartridges are for a rifle)

Something being legal doesn't mean there's a "loophole", it means it's not illegal. "Loophole" implies that it ought to be illegal.
 
Maybe this is one reason alot of shops keep the gunpowder behind the counter, or on a high shelf.
I've always thought there was an age requirement for powder purchase.
 
In my area there is a major retailer (I won't say which) that has NEVER checked my ID on ammunition, components, or powder. Not once. I've shopped there since I was 17, and I'm in my mid 20's now. They haven't changed....

It's ridiculous because they even keep the handgun calibers in a locked case, but don't bother to check your ID when they open it for you. They are content with a "Must be 18" or a "Must be 21" sticker on the box.

As a previous poster mentions, Walmart will sell almost any handgun caliber if you say it's for a rifle. Except .40 and .380, as they are "not in the computer system with a rifle option" whatever that means.

Honestly, my biggest problem with some of these gun shops is the powder placed 7ft high on a shelf. That's just offensive to the vertically challenged...:evil:
 
Seems like components would fall under the law.
Click to expand...
The loophole is for pistol calibers used in rifles. Like .22LR.

I doubt ATF prosecutes too many 19yr olds buying reloading components.
 
It's not a "Loophole" if it's legal......that terminology is used by those who wanted more regulation and didn't get it.
 
It is not a loophole. Components are not ammunition, they are merely components.

Barley malt is not beer. Brass is not ammunition. Hops are not beer. Propellant is not ammunition. Water is not beer. Projectiles are not ammunition. Yeast is not beer. Primers are not ammunition .

In most states, any one of any age can walk into a home brewing store and buy all the ingredients that make up a recipe for beer, for they are not buying beer.

We buy components. We are not buying ammunition.
 
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He did not miss post #7 at all, ONLY FFL LICENSED DEALERS are bound to this stipulation for selling ammo/components. The rest of us are not bound to the law other than ammo/firearms can't be legally sold to those under age 18.
 
Only FFL dealers cannot sell ammo to under 21. Private parties can sell their ammo to 18+ in many states.
People 18-21 are free to own handguns or ammo per federal law.
Some states are more restrictive. States that require purchase through an FFL also would as a result limit people to all FFL requirements.

Selling ammo as a regular course of business requires an FFL, so a private party won't be supplying many 18-21 legally with ammo they own.

There is no straw purchase laws for ammo to my knowledge, so someone over 21 can buy all the ammo they want for an 18-21 year old for handguns or rifles. Whether it is a 21 year old friend, another customer in the store, their parents, or anyone else.
The law only prevents the FFL from selling it to the person under 21.





How many 18-21 have the patience to reload safely?
I doubt many reload. Those that do will probably be the more patient and responsible of the age bracket, because the others will be blowing up their gun eventually and/or suffering from lead poisoning.
 
I got 95% of my .45 ammo from 19-21 by reloading. Realized that it was legal and I had wanted to learn anyways so ponied up the investment and been reloading since.
 
When I was 18 I had gun stores give me hassles about buying .22LR for my 10/22 because it could be used at "handgun" ammunition. So I bought it at K-Mart.
 
Before I was 21 my lgs always just said "this is for your 9mm carbine right"
Click to expand...

When I was a "youth" I actually had an old crappy sten magazine I carried around in my trunk for the if/whens...

I had a few Yellow Front/Oshman's employees question me about purchasing 9mm ammo, but I'd say "hold on", run out to my car and give em the old "it's for the rifle this goes in... "

It always managed to get the sale completed.
 
I've lived in places where a kid could buy boon's farm for their granddad because the shop owner knew the kid's mom. I could give alcohol to my teenage son if i wanted to; that's legal here. I just won't do it.
i've lived in places (overseas) where you couldn't sell plastic silverware to anyone under 18 if the box contained knives. Also, if you ask for a knife for your pancakes at a mcD in london, they don't have them. they're KNIVES... why would they hand out KNIVES? but if you go to a real restaurant, they give you sharp metal ones. :rolleyes:
I honestly don't think any regulation or lack thereof ever caused or prevented any more or less stupidity than people were otherwise bound to commit anyway.
Still, the laws are written to protect us from the idiots, or the idiots from themselves... and you disobey them at your own risk.
 
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