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Walmart refused to sell me ammo

mpguy

Regular Member
Joined
Mar 25, 2012
Messages
689
Location
Suffolk Virginia
Hello,

I'm a military spouse who happens to have a CCW permit in the state of Florida. I tried to buy ammo for my 38 at the local Walmart. I was asked for ID, so I pulled out my Florida license. I was told that I can't buy ammo in the state of VA without a Va license. I explained that I had a CCW permit in the state of Fla and was told that it didn't matter because VA is an open carry state. I was then told that my husband (active duty Navy) could buy them but that he had to provide copies of his orders and other documents. Well, good luck with that. We don't carry that stuff around Walmart. I'm a new gun owner and I didn't have any facts to argue with the guy. So, I need to know if anyone has ever heard of this or has fact to back it up either way. Thanks.

(Chesapeake, Virginia)

Where at in Chesapeake ma'am? Depending where you are there's a few places I can link you in a PM, and it shouldn't be a problem.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Thanks everyone. I am definitely older than 21. So, some of you were saying that I can't buy a firearm in VA because I'm a Florida resident. But, my husband could, is that right?

You can buy a rifle or shotgun, but anything else (handgun, "other firearm", etc.) can only be purchased in your state of residence, with a photo ID from that state.
 

Grapeshot

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Valhalla
You can buy a rifle or shotgun, but anything else (handgun, "other firearm", etc.) can only be purchased in your state of residence, with a photo ID from that state.
Not so.

If one purchases out of their home state, the handgun will need to be transfered to a FFL in their home state - cannot be handed directly to them.
 

eye95

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Jan 6, 2010
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Fairborn, Ohio, USA
The actual "transfer" must happen between an FFL and a transferee in the transferee's and the FFL's home State. That is often accomplished by using an FFL in one's home State to complete the transfer.


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Grapeshot

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The actual "transfer" must happen between an FFL and a transferee in the transferee's and the FFL's home State. That is often accomplished by using an FFL in one's home State to complete the transfer.
There is no is requirement that the originator of a handgun transfer be an FFL or go through one.

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]
http://www.atf.gov/content/firearms...tions-unlicensed-persons#out-of-state-firearm
 
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Lolcanoe

Regular Member
Joined
Jan 14, 2011
Messages
86
Location
Hampton
in regards to the ammo.

§ 59.1-200
8. Advertising goods or services with intent not to sell them as advertised,or with intent not to sell at the price or upon the terms advertised.

Ammo in a case that you wanted, but they wouldn't sell you. Violation of the law IMO.

Had this issue a while back when a friend was denied another background check for a gun when he failed the first one.
 

Grapeshot

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Joined
May 21, 2006
Messages
35,317
Location
Valhalla
in regards to the ammo.

§ 59.1-200
8. Advertising goods or services with intent not to sell them as advertised,or with intent not to sell at the price or upon the terms advertised.

Ammo in a case that you wanted, but they wouldn't sell you. Violation of the law IMO.

Had this issue a while back when a friend was denied another background check for a gun when he failed the first one.
As I recall User had much the same opinion, although I think he quoted another statute.
 

Red Dawg

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Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
Not that anyone probably cares, but since it's the OP, Wally in Suffolk on College Dr had a decent selection of "normal" ammo this am at 7:30...not just the wild cal rifle that is the norm these days. We scored 600 rounds real quick 2 of us..
 

eye95

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Jan 6, 2010
Messages
13,524
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Fairborn, Ohio, USA
There is no is requirement that the originator of a handgun transfer be an FFL or go through one.

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]
http://www.atf.gov/content/firearms...tions-unlicensed-persons#out-of-state-firearm

Nice way to drag me off point. I won't go. We were discussing in the context of the federal law regarding transfers of firearms from places like Walmart, who would have to have an FFL to do a transfer.

My point is and remains that the actual transfer has to occur between the transferee who lives and an FFL who operates in the State where that transfer occurs.

Moving on.


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Grapeshot

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Nice way to drag me off point. I won't go. We were discussing in the context of the federal law regarding transfers of firearms from places like Walmart, who would have to have an FFL to do a transfer.

My point is and remains that the actual transfer has to occur between the transferee who lives and an FFL who operates in the State where that transfer occurs.

Moving on.

No we were discussing the purchase of ammo - the thread diverged from that. Your statement gave a false impression re transfer of handguns - I corrected that w/o malice.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
in regards to the ammo.

§ 59.1-200
8. Advertising goods or services with intent not to sell them as advertised,or with intent not to sell at the price or upon the terms advertised.

Ammo in a case that you wanted, but they wouldn't sell you. Violation of the law IMO.

Had this issue a while back when a friend was denied another background check for a gun when he failed the first one.

That would be a very different case. Should the FBI send me a DENY on a customer, I have been instructed under the law (an unconstitutional one, IMO) by the FBI NOT to sell the man a gun. I will never even begin the process of selling him a gun until the FBI undoes the DENY status. At most, I will hand the customer an appeal card and inform him that the matter of his purchasing guns from us ever again is between him and the FBI.

We have had one customer get a DENY, appeal it, and win. It seems his identity was stolen by a prohibited person. He now has to jump through extra hoops to prove who he is to the FBI to get his PROCEED, but we have sold (actually given*) him a gun.

(*He had won the gun he was DENIED in a drawing, only to find we were prohibited from transferring the firearm to him. Under the rules of the drawing, we drew again. When he won his appeal, the COO directed that we give him a similar gun. It was an FN handgun. That hurt the store's bottom line a tad.)


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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
You can buy a rifle or shotgun, but anything else (handgun, "other firearm", etc.) can only be purchased in your state of residence, with a photo ID from that state.

Also not true that you need a photo ID from that state. You must prove residence. That can be accomplished with many documents. Folks that live in two or more states can purchase in any state they live in while they are there. Some/many/most states do not allow one to maintain multiple DL or ID cards.

So if you live in both Florida and Arizona, for example, and have a DL from Florida. While in Arizona you may use a auto registration or tax bill to prove residence there.

It's all there on the ATF website.
 

bunnspecial

Regular Member
Joined
Oct 12, 2012
Messages
154
Location
Kentucky
The only restriction Walmart imposes in Virginia is the question (for handgun ammo like .38) is "Are you 21 or older?". This would keep them in accordance with BATFE regulations. You were refused commerce in a public establishment. You were discriminated against.

Not to get too picky, but as I understand the law(and my reading of the BATFE's FAQs at this site seem to confirm my understanding http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html ) the 21 year old restriction is on ammunition to be used in a handgun.

Since there are plenty of long guns which will fire 38 special, it would be perfectly legal for a licensed dealer to sell 38 special ammunition to someone between 18 and 21 provided that the ammunition will be fired in a rifle.
 

Marco

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Jul 29, 2007
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Location
Greene County
Not to get too picky, but as I understand the law(and my reading of the BATFE's FAQs at this site seem to confirm my understanding http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html ) the 21 year old restriction is on ammunition to be used in a handgun.

Since there are plenty of long guns which will fire 38 special, it would be perfectly legal for a licensed dealer to sell 38 special ammunition to someone between 18 and 21 provided that the ammunition will be fired in a rifle.

As to the bolded section:

That can be said about almost any caliber nowadays the law is very outdated...
Many retails will ask if it's for a handgun or a long gun. I've seen clerks key in a yr on the register to confirm/know the person was of legal age.
There are retailer's that will not sell traditional pistol calibers to those under 21.

I had that ARGUEMENT with the clerk at Big 5 with my first rifle purchase many yrs ago...... The rifle is a savage 24 357/12g and I neglected to get any 357 ammo when I got the rifle. The same clerk that had just sold me the rifle declined to sell me the 357 ammo as it was pistol ammo. Needless to say I retrieved the rifle from my car and returned to the store and I asked the clerk does this look like a pistol. I went home with 4 boxes of ammo that day...
 
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eye95

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Fairborn, Ohio, USA
Also not true that you need a photo ID from that state. You must prove residence. That can be accomplished with many documents. Folks that live in two or more states can purchase in any state they live in while they are there. Some/many/most states do not allow one to maintain multiple DL or ID cards.

So if you live in both Florida and Arizona, for example, and have a DL from Florida. While in Arizona you may use a auto registration or tax bill to prove residence there.

It's all there on the ATF website.

Identification requires four parts and can be made up of more than one government-issued document. One of those requirements is a photo. The other three are: date of birth, name, and residence address in the State where the transfer is taking place. So, while the photo does not need to be on the same document with the residence address, a photo must be provided, and all ID documents must be linked by the name.


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Primus

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Oct 24, 2013
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United States
Bolded part.. is not a true statement... you may wish to review Ill/MA laws for starters..

Almost anytime you have a problem with an employee you should ask for their supervisor.

+1..... we need at least an FID card to purchase ammo. Then an LTC to purchase pistols. We have numerous licenses... so don't even bother trying to buy it here. And you need to have at least an FID card just to be in possession of any ammo. So don't buy ammo here then let our wife bring it home if shes unlicensed.
 

Grapeshot

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+1..... we need at least an FID card to purchase ammo. Then an LTC to purchase pistols. We have numerous licenses... so don't even bother trying to buy it here. And you need to have at least an FID card just to be in possession of any ammo. So don't buy ammo here then let our wife bring it home if shes unlicensed.
This being the Virginia sub-forum, these conditions from another state (not stated which) have no application here.
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
I think I had that issue covered, but.....

Not to get too picky, but as I understand the law(and my reading of the BATFE's FAQs at this site seem to confirm my understanding http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html ) the 21 year old restriction is on ammunition to be used in a handgun.

Since there are plenty of long guns which will fire 38 special, it would be perfectly legal for a licensed dealer to sell 38 special ammunition to someone between 18 and 21 provided that the ammunition will be fired in a rifle.

The issue only comes up when the purchaser falls between 18 (legal for rifle and shotgun ammo) and 21 (legal for handgun ammo as well). Good luck convincing the average clerk that you are buying for a rifle, even when that is the truth of the matter. Since when did being right matter?
 
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