Just wondering, what’s the legal way and safe way for both parties, if I sell some handgun ammo on the site? Being this is NJ, what is required between the parties? Can the sale be completed with the buyer showing a DL and FID card that match, or is more required to protect my butt? Haven’t done this before.
I think DL and FID, and you are gtg.
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2C:58-3.3 “Handgun ammunition” defined; sale, purchase, etc., regulated; violation, fourth degree crime.
- a. As used in this act:
“Ammunition” means an object consisting of all of the following components: a fixed metallic or nonmetallic hull casing containing a primer; one or more projectiles, one or more bullets, or shot; and gunpowder. All of the specified components shall be present for an object to be ammunition. As used in this section, ammunition shall not include, without limitation, blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.
“Handgun ammunition” means ammunition designed such that it may be used in a handgun, including ammunition specifically designed to be used only in a handgun, as well as ammunition intended for use in any other firearm and which may be interchangeable between rifles and handguns. “Handgun ammunition” shall not include ammunition specifically designed to be used only in a rifle or shotgun.
b. A person shall not sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun and first exhibits the card or permit to the seller, donor, transferor, or assignor along with a valid, current driver’s license; valid, current nondriver identification card; or other valid, current government-issued form of photo identification.
c. No person shall sell, give, transfer, assign, or otherwise dispose of handgun ammunition to a person who is under 21 years of age.
d. The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers handgun ammunition which is recognized as being historical in nature or of historical significance.
e. A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of handgun ammunition to or the purchase, receipt or acceptance of ammunition by a law enforcement agency or law enforcement official for law enforcement purposes.
f. Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2) or section 14 of P.L.1979, c.179 (C.2C:58-6.1).
g. Nothing in this section shall be construed to prohibit the sale of a de minimis amount of handgun ammunition at a firearms range operated by a licensed dealer; a law enforcement agency; a legally recognized military organization; or a rifle or pistol club which has filed a copy of its charter with the superintendent for immediate use at that range.
L.2007, c.318, s.1; amended 2022, c.55, s.4.
For “handgun ammo” only (“handgun ammo” is not exactly defined by NJ law to my knowledge) - The receiver needs to have a valid FID per NJ law.
For “non-handgun ammo” (again, not defined by NJ) - You should make some attempt to ensure the receiver is not a prohibited person.
When I’ve sold ammo person-to-person in the past, regardless of ammo “type” I’ve asked the buyer to show me their FID; seems to be the simplest way to cover all the bases.
I don’t think there’s much else you can do as an individual seller unless you’re willing to pay for a non-NICS background check service on the buyer.
Thanks for posting this. There are so maybe possible pitfalls, it almost doesn’t make it worth it to sell some excess ammo, and get exposed to the risk.
Interesting. “or a valid permit to carry a handgun” As I read the statute, there is nothing to prohibit a Pennsylvania resident with a PA LTCF from purchasing pistol ammo.
If one possesses a valid NJ DL (photo ID) and a FID that matches, conditions are met. If one possesses a valid PA CCW, (photo ID) conditions are met. As possession of either FID or PA CCW indicates the buyer is not a prohibited person. If they were prohibited, the FID and CCW would have been confiscated or never issued in the first place.
This is why some states streamlined firearms purchases when the buyer holds a CWP. They can forego a NICS check because by vrtue of holding a CWP, they have demonstrated they have cleared a BG check, and continued possession indicates they remain in good standing. No need to check EVERY time like NJ does.
Of someone has a FID or a CWP, and they do something that causes it to be revoked, they will not have the credentials to present. At least that is the way it was supposed to work. Instead, NJ has created a de-facto gun and ammo registry and uses the system to illegally surveil citizens.
And that’s the piece of this puzzle that concerns me. I haven’t bought ammo for a long time in a local store, but I remember them registering the purchase with my FID number in their little book. My concern is that this step would be bypassed in a face to face sale locally, so does it open me up to problems if a anti 2A cop catches wind of the transaction, just to make a few bucks that I don’t need?
I really don’t like breaking up rocks or making licenses plates… 
The NJ authorities will claim that “Permit to carry a handgun” is a specific NJ permit.
A PA “License To Carry a Firearm” is not the same.
I would argue that NJ demanding out of state ammo sellers require a copy of a NJ FID or CWP can be run in reverse. That if showing an out of state seller a valid NJ FID or CWP is good 'nuff for the state’s demand is a met requirement, then the reverse is also true.
NJ cannot have their cake and eat it too… it would make NJ’s demand for out of state sellers to verify a NJ resident’s FID ir CWP status absurd. It has to work both ways.
You’re trying to use logic with NJ firearms laws. That will only result in a headache and disappointment.
You need an NJ FPIC to acquire a long gun in NJ. You need an NJ carry permit to carry in NJ. Why would you think they would say a permit from any other state is OK to buy handgun ammo?
And yet they do it. Most online retailers make you upload an image of your FPIC before they will ship ammo to NJ.
Because, if a NJ FID or CWP meets the conditions to buy ammo sold out of state, Then the reverse MUST be true. The ID is the qualifier.
I don’t get your reasoning.
Mail order sellers from out of state need a copy of your NJ FPIC before they will ship ammo to NJ.
NJ retailers will not ship ammo within NJ. They have to see the FPIC, PTC, or PtPP and corresponding ID before they sell it to you.
Other state retailers operating in their own state, selling to a customer who is right there is not effected by NJ’s dumb laws at all.
NJ does not recognize any permit from anywhere other than NJ. Should they? Sure. Do they? No.
Retailer is the operative word here. We are talking about a private transaction, and as such asking for DL and FID/CWP is a CYA formality for the private seller.
It is illegal to sell ammo to a prohibited person. By asking to see the DL and FID/CWP, you are effectively verifying, that at of the time of the transaction, the buyer was not a prohibited person. period.
NJ laws does not differentiate whether the person selling is a retailer doing as a business or a private person doing a personal transaction. It only says a “person”. If you go outside NJ, this law does not apply for a face to face transaction. Inside NJ, NJ laws apply and the law specifically mentions 3 types of permit of which NJ is the sole issuer. It makes no provision for an LTCF.
It is illegal to sell handgun ammo to someone who has not obtained one of the 3 permits from NJ while in NJ. Obtaining a permit proves they are not a prohibited person, but there are also many people who are not prohibited persons, but have not obtained any of the NJ permits. You are not allowed to sell to any of them either, including PA residents who have an LTCF, but have not obtained any NJ permit.
If you are doing the sale face to face in NJ, then NJ’s laws apply, regardless of how illogical they may be.
2C:58-3.3 “Handgun ammunition” defined; sale, purchase, etc., regulated; violation, fourth degree crime.
b. A person shall not sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun and first exhibits the card or permit to the seller, donor, transferor, or assignor along with a valid, current driver’s license; valid, current nondriver identification card; or other valid, current government-issued form of photo identification.
Oh, I know, Stu. BUT it’s interesting that all the legal critters that wrote this junk missed that.
OK, this is where it gets vague for me. Notice where it says “holder of a FID card”. Then it goes to a “permit to purchase”, then it says “OR” a vaild carry permit. It reads that you must have a FID AND a permit to purchase OR a vaild carry permit.
If it’s any of those three, shouldn’t there be an “OR” between the FID and the permit to purchase? Right now, there’s only a comma, which leads me to believe you need BOTH, not either or…
Yeah, it would have been much clearer if they had put the extra OR between FID/FPIC and P2P but I believe the intent is any ONE of the three things.
If it helps, next clause only uses singular nouns:
“…and first exhibits the card or permit to the seller,…”
Card (singular)
Or (NOT AND)
Permit (singular)
I believe if they really intended it to be FID/FPIC --AND-- P2P, then they would have continued that structure in the “exhibits” clause.
If it helps, I’ve sold ammo person-to-person to NJ-employed LEO’s and none questioned just looking at DL + FID/FPIC.
It’s NJ, they like to keep it as confusing as always… In normal logical terms, it should be any of the three, separated by “or”, but we think logically… the state, not so much…
A couple of other points to consider:
There is No FFL or NJ retailer of ammunition that is currently, or has in the past, demanded a combination of an FID/FPIC and a current P2P to purchase ammunition.
Also, P2P’s are no longer issued on paper-they’re electronic only, so even if you demanded one I don’t think the buyer could do more than show you the email from NJSP notifying them that their P2P is approved.