Poor Private
09-18-2008, 04:57 PM
On a muzzleloading forum we have been having a discusion concerning the legality of selling poweder to a buddy who happens to run out. Finally one of the members took it upon himself to email the ATF concerning this.
Here are the examples and the replies given:
Example #1
From time to time there is always the occasion when a fellow shooter will show up and realize he's forgotten his powder, left it back at the house, etc...and someone will usually have an extra can in thier shooting box and let the guy have it at what ever the cost was.
Reply: Yes whenever black powder is sold the distributer must have a license to deal in exploxives as required by 27 CFR 555.41-43
Example #2
With all the shipping and handling fees, plus the HazMat fees, by far one of the least expensive ways to buy black powder is tho buy it by the 25# case. (25 1 lb. can) Every now and then somebody will be needing to order some more black powder, but not wanting to whole 25lbs in a cas, it's not uncommon for 2-3 guys to agree to use all 25 cans but only one guy places the order of course, then they simply split up the cost according to however many 1lb cans each guy wanted.
Reply: I would not interpret this as selling because there is a proir arrangement to split the order once received and one person is just ordering it for connvenience purposes. If an individual gets a portion of the order and sells it to another individual then they would need a dealer's license.
These responses are from Gary A. Kirchoff@usdoj.gov
So be carefull at events on selling extra powder, because you can be arrested, by local and federal officers. Your best bet would be to loan/give the powder to em and hope that in the future they will recipricate.
Here are the examples and the replies given:
Example #1
From time to time there is always the occasion when a fellow shooter will show up and realize he's forgotten his powder, left it back at the house, etc...and someone will usually have an extra can in thier shooting box and let the guy have it at what ever the cost was.
Reply: Yes whenever black powder is sold the distributer must have a license to deal in exploxives as required by 27 CFR 555.41-43
Example #2
With all the shipping and handling fees, plus the HazMat fees, by far one of the least expensive ways to buy black powder is tho buy it by the 25# case. (25 1 lb. can) Every now and then somebody will be needing to order some more black powder, but not wanting to whole 25lbs in a cas, it's not uncommon for 2-3 guys to agree to use all 25 cans but only one guy places the order of course, then they simply split up the cost according to however many 1lb cans each guy wanted.
Reply: I would not interpret this as selling because there is a proir arrangement to split the order once received and one person is just ordering it for connvenience purposes. If an individual gets a portion of the order and sells it to another individual then they would need a dealer's license.
These responses are from Gary A. Kirchoff@usdoj.gov
So be carefull at events on selling extra powder, because you can be arrested, by local and federal officers. Your best bet would be to loan/give the powder to em and hope that in the future they will recipricate.