Wal Mart asking questions?

SavageOne · May 31, 2010

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Back in April I went to the local Wal Mart and picked up a couple WWB .45 ACP. It was early so they took them up front to check out my items. When the checker scans the ammo she asks if I'm over 21 I reply, yes. She then asks if this ammo is for a handgun(she seemed to be prompted by the computer/register). I thought this was a little strange, but answered yes. She entered that in the register and the transaction was completed. Like I said, I thought it strange but went on my way. I go into the same Wal Mart Sunday and buy another WWB .45 ACP. I go to pay for in the sporting goods section this time. The lady didn't ask my age this time(she may have assumed it) but asks once again if this ammo is for a handgun? Am I the only one this is happening to? Is anyone else being asked if their ammo purchase is for a handgun?

Just got informed on another forum it's so they can enforce a purchase limit. Sorry for my confusion:banghead::banghead:

Nikki_Black · May 31, 2010

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Yeah. It's because most pistol calibers are used in carbines as well.

cshoff · May 31, 2010

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Nikki_Black wrote:

Yeah. It's because most pistol calibers are used in carbines as well.

That is correct. As per the GCA of 1968, it is unlawful for a dealer to sell ammunition that may solely be used in a handgun to persons less than 21 years old, or long gun ammunition to anyone less than 18. Walmart is just trying to cover themselves.

cshoff · May 31, 2010

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NavyLT wrote:

cshoff wrote:

Nikki_Black wrote:

Yeah. It's because most pistol calibers are used in carbines as well.

Click to expand...

That is correct. As per the GCA of 1968, it is unlawful for a dealer to sell ammunition that may solely be used in a handgun to persons less than 21 years old, or long gun ammunition to anyone less than 18. Walmart is just trying to cover themselves.

Click to expand...

Citation please? That is not exactly what the Federal law states, nor the BATFE interpretation of it.

First, the summary:

SUMMARY

The basic objectives of Title I of the Gun Control Act of 1968 were to ban mail-order sales of firearms and ammunition, confine the purchase of firearms to the buyer's state of residence, and prohibit certain classes of persons from purchasing, receiving or transporting firearms or ammunition in interstate commerce. Specifically, Title I prohibits dealers from selling any firearm or ammunition to any person who is:

a. convicted of or under indictment for a felony

b.a fugitive

c.adjudicated as a mental defective or who has been committed to any mental institution.

d.addicted to or an unlawful user of marihuana or a stimulant, depressant, or narcotic drug.

e.less than eighteen years of age for the purchase of a shotgun or rifle

f.less than twenty-one years of age for the purchase of a firearm that is other than a shotgun or rifle

g.a non resident of the State in whichthe licensee's place of business is located

h.an alien illegally or unlawfully in the United States

i.dishonorably discharged from the armed forces

j.subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner

k.convicted in any court of a misdemeanor crime of domestic violence

Then the actual statute:

Sec. 922. Unlawful acts
.
.
.
(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;

That is exactly how the Federal Law reads, because it IS the Federal Law. LINK

Big Boy · May 31, 2010

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Yep. If you aren't 21, but are at least 18 you can generally still buy handgun ammo as long as you say it is for a rifle.

cshoff · May 31, 2010

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Big Boy wrote:

Yep. If you aren't 21, but are at least 18 you can generally still buy handgun ammo as long as you say it is for a rifle.

That is generally the way it works, unless the ammunition in question is made solely for use in a handgun (anymore, that would be pretty rare in most cases). In that case, you would have to be at least 21 years of age to buy it.

cshoff · May 31, 2010

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NavyLT wrote:

http://www.law.cornell.edu/uscode/718/usc_sec_18_00000922----000-.html

(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;

Click to expand...

Page 155 of this document contains the ATF interpretation of the statute:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

3. FEDERAL AGE RESTRICTIONS

Federal law prohibits Federal firearms licensees from selling or delivering any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than 18 years of age, and, if the firearm 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 21 years of age. (18 U.S.C. 922(b)(1), 27 CFR 478.99(b)(1).)

Ammunition interchangeable between rifles and handguns (such as .22 caliber rimfire) may be sold to an individual 18 years of age, but less than 21, if the licensee is satisfied that the ammunition is being acquired for use in a rifle.

Click to expand...

In regards to the Federal age limits, it is the intended use of the ammunition, not the caliber of ammunition that decides the age limits.

Wal Mart is asking the questions in the reverse order, however. They should ask, "Are you going to use this ammo in a rife or a shotgun?" If the answer is yes, then they should ask, "Are you over 18 years of age?" If the answer is no, then they should ask, "Are you over 21 years of age?"

Bottom line is, they are asking the questions in an attempt to comply with 18 USC 922(b).

Like I said above, they are trying to cover their backside's. The exact statutes are posted above.

Hef · May 31, 2010

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When they ask, "Is this ammo for a rifle or handgun?", I respond by saying, "submachinegun". That usually stops the questions.

Gunslinger · May 31, 2010

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Never once asked in any Wal-Mart here, TX, NH or VA what the rounds were to be used in. Curious. Only in the PDR of MA did I have to show my Pistol Permit when buying--even .22LR, as it could be used in either.

Superlite27 · May 31, 2010

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I have personally come up with my own policy regarding these questions:

Always answer "YES", no matter what.

When asked about .22LR, always answer "BOTH". The clerk will usually request clarification. I'll calmly explain that .22LR is both handgun and rifle ammo. They'll usually ask which I'll be firing it out of. So, I'll answer "BOTH". (It's not the clerk's fault these questions get asked, they're just doing their job. BUT, they are the "tip of the spear". [Where policy meets the affected] Therefore, even though it isn't the clerk's problem, it is their job to deal with the headaches these questions cause. Therefore, I'll remain cordial and polite, but will refuse to answer in a straightforward manner.)

These questions seem invasive and "snoopy", therefore I choose to answer them in a vague and evasive manner.

IA_farmboy · May 31, 2010

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NavyLT wrote:

Superlite27 wrote:

When asked about .22LR, always answer "BOTH". The clerk will usually request clarification. I'll calmly explain that .22LR is both handgun and rifle ammo. They'll usually ask which I'll be firing it out of. So, I'll answer "BOTH".

Click to expand...

Actually, it would be against Federal law, when buying from a dealer, for me to answer any other way than the above. I can't guarantee that the .22LR ammo I buy, I will shoot exclusively out of my 10/22 or my MKIII.

Exactly. In .22 rimfire I have a revolver, pistol, and bolt action rifle. I have no idea at the time of purchase which firearm I will use to discharge that ammunition. Chance are that if it is a 500 round brick it will be "all of the above".

When they ask, "Is this ammo for a rifle or handgun?", I respond by saying, "submachinegun". That usually stops the questions.

Unless you actually have a submachine gun I don't know how that plays into the law. The law is worded in a way that it is unlawful for the dealer to KNOWINGLY sell the ammunition to someone under age that will use it in a handgun. If the purchaser lies then is there a violation? Is there a violation for the purchaser to USE the ammunition in a handgun, or just to BUY it?

A whole lot of nonsense we should not have to deal with.

Superlite27 · Jun 1, 2010

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NavyLT wrote:

So, if you are 18 years old, AND you are buying ammunition from a licensed dealer, AND you are going to use that ammo in a handgun, AND you tell the dealer that you are going to use the ammunition in a rifle, then you have violated the above statute

So if someone, not myself or anyone I would possibly know, were to hypothetically answer "NO" when asked if .40 S&W was for a handgun, it would potentially be against the law if any such fabricated situation were to ever occur sometime in the future?

Wal Mart asking questions?

SavageOne

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Nikki_Black

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cshoff

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cshoff

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Big Boy

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cshoff

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cshoff

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Hef

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Gunslinger

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Superlite27

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IA_farmboy

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Superlite27

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