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shipping steel core ammo across state lines

Discussion in 'Legal & Political Archive' started by hondakilla98, Dec 30, 2009.

  1. hondakilla98

    hondakilla98 beaverton, or Active Member

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    I have some chines steel core ammo for sale. I have an intersted buyer in florida. But i looked at different ammo sellers online and most say that they won't ship such ammo to florida. Does anyone know the actual law. I have been told that it is considered Armour piercing by the federal government because it has a steel core which I'm guessing is why it would be prohibited in some states.
     
  2. hondakilla98

    hondakilla98 beaverton, or Active Member

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    Anybody?
     
  3. ORBrit

    ORBrit Eugene Member

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    I'm not a lawyer, but I think the armor piercing ammo laws apply to handgun ammo.

    I'm trying to find the actual statute.
     
  4. ORBrit

    ORBrit Eugene Member

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    http://www.leg.state.fl.us/statutes...itle=-%3E2009->Ch0790->Section 31#0790.31


    Title XLVI
    CRIMES

    Chapter 790
    WEAPONS AND FIREARMS

    View Entire Chapter

    790.31 Armor-piercing or exploding ammunition or dragon's breath shotgun shells, bolo shells, or flechette shells prohibited.--

    (1) As used in this section, the term:

    (a) "Armor-piercing bullet" means any bullet which has a steel inner core or core of equivalent hardness and a truncated cone and which is designed for use in a handgun as an armor-piercing or metal-piercing bullet.

    (b) "Exploding bullet" means any bullet that can be fired from any firearm, if such bullet is designed or altered so as to detonate or forcibly break up through the use of an explosive or deflagrant contained wholly or partially within or attached to such bullet. The term does not include any bullet designed to expand or break up through the mechanical forces of impact alone or any signaling device or pest control device not designed to impact on any target.

    (c) "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

    (d) "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that is designed for the sole purpose of throwing or spewing a flame or fireball to simulate a flamethrower.

    (e) "Bolo shell" means any shell that can be fired in a firearm and that expels as projectiles two or more metal balls connected by solid metal wire.

    (f) "Flechette shell" means any shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.

    (2)(a) Any person who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet, or dragon's breath shotgun shell, bolo shell, or flechette shell is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (b) Any person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a dragon's breath shotgun shell, bolo shell, or flechette shell with knowledge of its capabilities loaded in a firearm, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (c) Any person who possesses with intent to use an armor-piercing bullet or exploding bullet or dragon's breath shotgun shell, bolo shell, or flechette shell to assist in the commission of a criminal act is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (3) This section does not apply to:

    (a) The possession of any item described in subsection (1) by any law enforcement officer, when possessed in connection with the performance of his or her duty as a law enforcement officer, or law enforcement agency.

    (b) The manufacture of items described in subsection (1) exclusively for sale or delivery to law enforcement agencies.

    (c) The sale or delivery of items described in subsection (1) to law enforcement agencies.
     
  5. komodo_dragon

    komodo_dragon Enumclaw New Member

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    So the question arises: Assuming this is 7.62x39 ammo used in SKS and AK rifles, does it fit the statute regarding handguns because the AK can be built in a pistol configuration? It would seem that it would, which is possibly why other ammo dealers won't ship that type of ammo to Florida.


    Just my .02


    Best to check with an attorney that practices in Florida or at least knows Florida law ( no disrespect or offense intended to ORBrit). Could save you a lot of heartache.
     
  6. ORBrit

    ORBrit Eugene Member

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    You may be right. We have a similar statute, but ours doesn't restrict steel core ammo.
    I didn't see which particular ammo the OP was talking about. It just said chines, which I didn't translate into Chinese until after your post!
     
  7. komodo_dragon

    komodo_dragon Enumclaw New Member

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    I just assumed it was 7.62x39 because that is the most common ammo that comes out of China. After I posted, I was perusing the ammo section of the classifieds, and noticed that the OP has 500 rds of Chinese steelcore 7.62x39 for sale, so I assume that is what he is referring to.

    At any rate, given the recent problems Playboy Penguin encountered shipping a firearm to an FFL in Arizona (as well documented on this site), it would behoove the OP to thoroughly check out the legal ramifications with a Florida legal expert.

    Would likely save a lot of problems by checking it out first.

    Again, just my .02