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I got into a discussion on the classified section, and wanted to bring it over to a more appropriate section.
It's commonly thrown about that selling reloaded ammunition is illegal without FFL #6. BUT is it?

I do not believe that it is expressly prohibited to buy and sell reloaded ammunition.

If we can I would like to keep this conversation focused on only the legal aspects and avoid the topic of whether we would personally
buy/sell/shoot reloads from others.

Please be able to cite the specific section of law regarding this, facts are useful. I will start with the following section for my case:

(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;" (18 USC 921)

18 USC 921
 
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Per the ATF all ammunition manufacturing be it private or company that results in the transfer of money, falls under requirements of needing a class 6 FFL. This includes reloads and newly manufactured(all new components) ammunition.
There's a lot of info to sort through but short version is; if you recieve any money for loaded ammunition that you and/or your company made than it requires a Class 6 FFL.(components sale only is ok but is a gray area close to the line)
 
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ATF has this on their Q&A section here.
Copy and pasted:

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]
Last Reviewed July 16, 2020
 
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As above in FFA Q&A, combined with the statement of "for-profit or business" still does not completely prohibit the sale of reloaded ammunition if the following is true:
The ammunition was reloaded for personal use without the intent of sale or profit.

?----But could be sold in the event that it was unwanted, such as after the disposition of a firearm, elimination of excess stock or other personal reason?
 
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As above in FFA Q&A, combined with the statement of "for-profit or business" still does not completely prohibit the sale of reloaded ammunition if the following is true:
The ammunition was reloaded for personal use without the intent of sale or profit.

?----But could be sold in the event that it was unwanted, such as after the disposition of a firearm, elimination of excess stock or other personal reason?
This is another of those things that get beat up good now and then. Normally the way it goes is someone asks, when they do not like the answers they get they keep asking the question different ways trying to get the answer they want. Bottom line is still the same. If someone does chances are good they "could get away with it". Normally people who keep asking are going to do it anyway and want someone to tell them its "OK". Bottom line never changes. If they get in a jam they did it to themselves. :s0092:
 
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This is another of those things that get beat up good now and then. Normally the way it goes is someone asks, when they do not like the answers they get they keep asking the question different ways trying to get the answer they want. Bottom line is still the same. If someone does chances are good they "could get away with it". Normally people who keep asking are going to do it anyway and want someone to tell them its "OK". Bottom line never changes. If they get in a jam they did it to themselves. :s0092:
I'm curious enough about the "real answer" that i decided to just go to the source and have written to the ATF. I will share any response, although they often take a year or more to answer.
The intent is not to "get away" with anything, but to find out where the clear line in the sand is.
 
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18 USC 922
(a)It shall be unlawful—
(1)for any person—
(A)
except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B)
except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
 
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What constitutes doing business in Oregon?

Corporations that are doing business in Oregon or have income from an Oregon source are required to file an excise or income tax return. "Doing business" means being engaged in any profit-seeking activity in Oregon.
 
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How do you interpret this? As permitted to sell or prohibited?
18 USC 922
(a)It shall be unlawful—
(1)for any person—
(A)
except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B)
except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
 
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Copy and pasted:

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]
Last Reviewed July 16, 2020
The ATF was kind enough to provide an FAQ.
 

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