Denied at Walmart, gun law search.?
I tried to buy ammo with my mom at walmart, this is THEE ONLY TIME I have had trouble. There is this liberal ***** behind the counter, when she asked mom what kind of ammo, mom asked me. I answered to the Blady "WWB .45ACP Bulk Pack", she refuse to sell it calling it a straw purchase because I answered. Mom doesn't know anything about ammo/guns so thats why she asked me. When the Blady refused to sell it because a minor answered, mom said it was for dad, who was busy at the moment, that ***** said he would have to come himself and buy it (you all know how fast 16$ .45ACP goes out of stock).
I explained to her and the manager about the Youth Sized Pink single shot Cricket .22 rifle, and that it is designed for youths, which in itself is a straw purchase and that they were self contradicting in their statements.
They both went as far to LIE to me saying it was federal law, everyone else has no problem showing me a handgun or letting me examine ammunition (even taking it out of the box and viewing/comparing). This frustrates me as .45ACP is SOOOOO expensive and hard to find.
Our rights have been violated; I'm calling in the big guns (NRA and news writer friend) about this new tactic of making me at the mercy a inexperienced liberal to get my ammo.
Is this, buying ammo for someone else (like husband) a federal offense (she said "felony")?
Should I go as far as to complain to the NRA?
- 1 decade agoFavorite Answer
It seems you and the clerk, others on this board have a misconception of what a straw purchase is. a "straw purchase" applies to firearms not ammo. It is when a person unable to legally own a firearms gets someone who can to purchase it for them. Or to hide the identity of the real buyer. This does NOT include a bonafide gift. SO if your mother bought a rifle for you or your father's birthday it would be legal since it would be a bonafide gift. That is the federal law.
Local and state laws may differ from federal laws.Especially if you live in California, Illinois or the northeast(i.e. new york, new jersey).
The store doesn't have to sell to you though. So your rights were not violated. Your mother should talk to the store manager if there is a problem next time she goes to buy ammo.
45 ACP is a very common caliber. It can be found all over online with great deals. reputable dealers like cabelas, cheaperthandirt, jgsales, and ammunitiontogo usually have it in stock. Walmart does also normally have good deals on bulk packs of ammo. Check local laws before buying from online though. Many of the stores have a checker to see if ammo can ship to you. Generally you must be 18 for rifle ammo and 21 for pistol ammo. Adult signatures are usually required.
- Anonymous1 decade ago
There is no federal law about straw purchase, the walmart morons were lying to you.
however, they broke no law. The NRA isn't going to be of much assistance here.
What you NEED to do is have your mom call walmart customer service, and have her explain she was buying ammo for her husband, and asked her son a question about the ammo because he was more knowledgable about guns and the husband's need. At that point she was refused sale.
have her ask if this is walmart's policy, and if not that she wants the managment at store XYZ informed, and would like an appology from the managment at that store
OR you could go to walmart and accidentally knock some picklejars off the shelf
- eddygordo19Lv 61 decade ago
Someone said here that there's a law that says you need to be 18 or 21 to buy handgun ammo. I never heard of such a thing, but these days I wouldn't be surprised.
IF there is such a law and you are underage and it appears to be a straw man purchase, then the clerk had a point. There could have been a hidden camera like 60 Minutes did at gun shows where they told private sellers that they couldn't pass the background check and some sellers said they didn't care. This was a problem because the law says that a private seller can't sell to someone they believe can't pass a background check, at least that's what 60 Minutes said.
I know this isn't what you want to hear and the thumbs down are on their way. Whatever. Just thought you should know why some people act the way they do.
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- RebLv 61 decade ago
Wall Mart employees make up the dumbest sh!t. one time a girl wouldn't sell me ammo because I had my little brother with me. she said she wasn't legally aloud too. I found the manager and he corrected her I got my ammo. then at a K-mart I tried wanted to buy some .22 lr ammo the clerk and manager said I couldn't buy it I said it was for a rifle she said well we don't know it. I was going to the range and said I have a .22 rifle in the truck do you want me to bring it in? they said I couldn't bring gun into the store, the manager came out to my truck and I showed him my .22 and a trooper came up asked what was wrong. I just told him this guy is refusing to sell me ammo and says I need to be 21. the trooper looks at me then over at the manger says sir if he's over 18 and has shown you he owns a rifle in the caliber there is no law stopping you from selling him the ammo. the manager felt pretty stupid and sold me the ammo and the apologized.
you should just wait in another section next time while you mom buys it or get your story straight before you go. when I wasn't old enough to buy my own ammo and my grandma or mom would buy it a few times they wouldn't have what I wanted and they would ask what do you think your dad would want instead? and I would pick it out and we would get it no problem.
- Old HickoryLv 61 decade ago
These people have no idea of gun laws what so ever.
Look at this differently she has the right to buy a firearm and sell it or give it to anyone with out breaking they law so long as they are not a felon. (In my home state there is no age minimum for youths to own a firearm as long as they have parental consent.) This applies to ammo as well.
If this was anything else you could sue easily.(coffee to hot) Was the clerk a different race than you?
Your Mother should have went back through the line a few minutes later.
One of our closest walmarts will just hand you whatever ammo you want and you pay up front. The other in a different smaller town makes you pay for it at the sporting gods counter.
- 1 decade ago
She's not a liberal, It's Fed. Law! If anyone working behind the counter heard what she heard she has to refuse to sell . Because she knows know it's for a minor. It good be a set-up, she doesn't know but she could spend serious jail time if she was caught selling ammo to your Mom, knowing it's going to you. Kinda like the kid on the corner wanting an adult to beer them some beer or cigs! Not her fault, it's your Moms nextime get your stories straight and tell her not to ask you anything.
- mack_9Lv 61 decade ago
Federal law requires you to be 18 to purchase ammo for a long gun and 21 to purchase ammo for a handgun. I don't know of any Federal law that says you can not purchase ammo with someone else present. It is illegal for a minor to possess handgun ammo.
- John RLv 71 decade ago
The only federal laws I know of that restricts ammo are H.R. 3121 (armor piercing rounds/cop killer bullets) which turned into 18 USC sec. 921(a)(17), The Violence Against Women Act of 1994 (VAWA) and the 1997 Omnibus Consolidated Appropriations Act
The Unruh Civil Rights Act of 1959 and Stoumen vs Reilly state that service cannot be denied, unless the patron is acting unruly, illegally or immorally. The act and case law are mainly used for civil denial acts, such as denying a person service due to race, religion or sex.
Wal Mart is extremely paranoid now of selling weapons and ammo. I ran into a problem the last two times I went there and I'm a cop! Wal Mart employees and the managers have been threatened with federal jail time if they sell to the wrong person or even fill out the firearms forms incorrectly. (Example: On the state form for purchasing a firearm it says you can abbreviate the state. Not at Wal Mart, they force you to not abbreviate ANYWHERE on the form!)
Don't get mad at them, they want to keep there jobs and have been threatened with jail time. Taking the law to them will do you no good. All you are going to do is get that store to stop selling ammo and guns - this happened to two Wal Marts in my area, only one sells guns and pistol ammo now.
So, can Wal Mart stop your mom from buying legal bullets? No. Can Wal Mart stop your mom from buying bullets for you? Yes. Can you sue Wal Mart for not selling bullets to your mom? Yes. Will it be worth the time, effort, lawyers fees and aggravation? No. What will you get out of suing them? You will get them to stop selling ammo and guns at your Wal Mart.Source(s): http://nucnews.net/2000/du/98du/981204du.laws.htm http://www.letswrap.com/legal/firearms.htm http://www.nraila.org/Issues/FactSheets/Read.aspx?... http://www.gaebler.com/Denying-Service-to-Restaura...
- Bill CawthonLv 41 decade ago
The Wal-Mart clerk was absolutely correct in what she did. The BATFE has been cracking down on "straw man" purchases because of the flow of guns to Mexico (they couldn't get the Assault Weapons Ban reinstated, so they are enforcing existing laws). If it even looks like the purchase might be for someone else, most clerks at larger chains will refuse the sale. It's not worth the loss of their FFL.
Your rights were not violated; you don't have the right to buy handgun ammunition so it is illegal for someone to buy ammunition on your behalf and illegal for a FFL to sell it (yes, it is a felony).
Handing you a handgun or ammunition to examine, which is not a transfer of ownership, is totally different than selling you a handgun or ammunition, which is a transfer. Your Cricket example is fundamentally flawed. Yes, the Cricket is designed for younger persons, but that doesn't mean they can be sold to a younger person. The adult buying the gun is taking responsibility for it, not transferring ownership to the younger person. Big difference in what you're talking about. I can buy a rifle for my son (and have), but until he is of legal age to own a firearm, the gun is mine and must remain under my control because the law makes me responsible for it.
Case in point: my wife and I were at a major chain sporting goods store and we were looking at a small automatic pistol. This is a store where my wife and I have been frequent customers and the sales person waiting on us was someone from whom I had purchased guns previously. My wife and I are both old enough to be in AARP. Even with all that, I could not buy the gun for my wife. I could pay for it, but she had to fill out the Form 4473 and get cleared by the NICS so that she could be the purchaser of record. The rules still apply to us.
You can complain to Wal-Mart, the NRA or the Miss America Pageant, but the answer is going to be the same: the clerk was in the right and you were not.
BTW: Just because someone turns you down doesn't make them a liberal. Or a Communist, socialist, fascist, Rush Limbaugh fan, vegetarian, or anything else. Liberal is no more a bad word than conservative and neither one will get you into Heaven on its own.