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No Midway handgun ammo sales to NJ, even with FID on file

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I had problems buying handgun ammo from Midway in the past, but sending a scan of my FID was all it took to get it corrected.

 

However, today I got this message when purchasing:

 

We're sorry, but City or State law prohibits us from sending item(s) in your cart to the address you have specified.

  • As of April 1, 2008, New Jersey statutes will not allow sales of handgun ammunition to New Jersey.

Does anyone know what statute this is referencing? I hadn't heard anything about this before.

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Here is the operable statute: 2C:58-3.3

 

b.tab.gifNo person shall 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 such card or permit to the seller, donor, transferor or assignor.

 

Nowhere in the statute does it prohibit mailorder or Internet sales of ammunition. It only says that the buyer must possess a valid FPID, P2P or a CCW and you must exhibit same to seller.

 

I doubt strongly that NJ is "going after" Internet sellers - the OP may have been told that to take the onus off the seller in order to retain their business, other than ammo. It is a vendors choice and Midway apparently feels it doesn't need NJ's ammunition dollars.

 

I can see NJ sending out a letter requesting vendors get a copy of the buyers FPID before shipping ammo. I know that I have had one on-line vendor request that of me and I have a copy of my FPID (SS# redacted) on my hard drive just for such an occurence.

 

I have no idea of the legal ramifications of trying to force an out of state vendor to comply with state laws in transacting interstate commerce, All a vendor has to do is ask for a copy of your FPID.

 

Adios,

 

Pizza Bob

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I got the same notice when I went to checkout about a month ago from Midway while trying to order some ammo. It was the first time I tried ordering from them and I thought that it was simply their policy.

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OK, so we form a group that would not be happy with scenario of our online vendors being harassed, etc. Lets send out some letters and Emails to our politicians, including that lovable governor.

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I went a little further and e-mailed the following to Midway customer service:

 

I call to your attention the following thread, appearing on njgunforums.com...

 

http://njgunforums.c...__gopid__457641

 

The original poster says that he received the following message from Midway, when he attempted to purchase handgun ammunition...

 

We're sorry, but City or State law prohibits us from sending item(s) in your cart to the address you have specified.

  • As of April 1, 2008, New Jersey statutes will not allow sales of handgun ammunition to New Jersey.

First the bullet point is incorrect, on its face. There is no statutory prohibition against mail order/Internet sales of ammunition to NJ residents. The statute you reference only states that the purchaser must first exhibit to the vendor one of three forms of identification which shows they are not a prohibited person.

 

Here is the statute:

 

2C:58-3.3 b.tab.gifNo person shall 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 such card or permit to the seller, donor, transferor or assignor.

 

All it would take is for you to request a copy of the purchaser's firearms purchaser identification card (FPID) when the order is placed. I understand this places an additional administrative burden on Midway, but I can't believe that it is one so great that you are willing to abandon the ammunition needs of NJ shooters. We realize that our state does not make it easy to transact firearms business, and it's even harder to be a shooter in NJ, please don't add to our burden. The message the original poster should have received is:

 

We are sorry, but we cannot process your order until you submit a copy of your valifd FPID card. Please reference this order number XXXXX when doing so.

 

New Jersey shooters tend to remember those that support them and those that don't.

 

Thank you for your time and attention in this matter.

 

Regards,

 

Pizza Bob

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I got the same notice when I went to checkout about a month ago from Midway while trying to order some ammo. It was the first time I tried ordering from them and I thought that it was simply their policy.

 

I got that notice last summer when ordering ammo, I called them and they had me send a copy of my FID and then sent it out. I don't know if they are doing things differently now.

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This is my take on this >

 

The Vendor, and/or their attorneys, contacts the NJSP to ascertain if sales to a NJ resident is allowed per law, just to cover their butts. They were probably told that per the statute, the FPID must be EXHIBITED to the disposer, meaning an "in person" presentation of the card. I believe that this is why Ammoman does not ship to addresses in NJ.

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Not that I doubt NJ would try to interpret the law that way, but the definition of exhibit says nothing about the requirement for it to be done "in person".

 

exhibit [ɪgˈzɪbɪt]

vb (mainly tr)

1. (also intr) to display (something) to the public for interest or instruction this artist exhibits all over the world

2. to manifest; display; show the child exhibited signs of distress

3. (Law) Law to produce (a document or object) in court to serve as evidence

n

1. an object or collection exhibited to the public

2. (Law) Law a document or object produced in court and referred to or identified by a witness in giving evidence

[from Latin exhibēre to hold forth, from habēre to have]

exhibitory adj

Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

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This is my take on this >

I believe that this is why Ammoman does not ship to addresses in NJ.

 

Eric didn't ship to NJ addresses long before this statute was passed & signed into law.

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Here's my history of this same thing from February, but I got it resolved. I wonder if this issue is something new or a carry-over. I really don't want/need to purchase ammo from Midway right now, but will keep this in mind at my next attempted purchase.

 

http://njgunforums.com/forum/index.php?/topic/32415-best-9mm-ammo-for-target-shooting-and-sdhd/page__hl__ midwayusa ammo__st__30

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Well, they don' have the besg prices or cheapest shipping so I don' usually purchase ammo from them anyway. But, with this policy, I will try not to purchase anything from them now. Sucks because I need a larger range bag and they seem to have the best prices on decent range bags.

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I received a response from Midway to my e-mail (see post #15) this morning. Here is the response...

 

Dear Bob,

 

Thank you for your recent email. We do sell ammunition to New Jersey if we have valid documents on file. If you would like to order ammunition please send all documentation via email attachment, fax to 1-800-992-8312, or mail to 5875 W Van Horn Tavern Rd, Columbia, MO 65203

 

If you have any additional questions or comments, please feel free to contact us at 1-800-243-3220. Our hours of operation are Monday through Friday 8 a.m. to 8 p.m. CT; Saturday and Sunday 9 a.m. to 5:30 p.m. CT. You may also email us at [email protected].

 

Thanks for Your Business!

 

Meghan

MidwayUSA Customer Service

 

Midway is a company that is too vested in customer service to exclude ammunition sales to an entire state. Their communication skills may need to be enhanced by becoming pro-active, rather than waiting for the purchaser to call and complain and then explain the need for documentation.

 

Hope this settles it for everyone - just send a copy of your FPID when purchasing ammo. One day response time ain't too shabby either.

 

Adios,

 

Pizza Bob

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Aside from missing the year stated, I was also confused because I sent midway a copy of my FID to buy handgun ammo before. I thought it would stay on file

 

According to them it does. Probably what happens is that you ordered with a slight variation on your name - maybe the order with your FPID went in under "Steve" and this time you ordered under "Stephen" and it didn't come up. Depends on how sophisticated their search engine is.

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This is my take on this >

 

The Vendor, and/or their attorneys, contacts the NJSP to ascertain if sales to a NJ resident is allowed per law, just to cover their butts. They were probably told that per the statute, the FPID must be EXHIBITED to the disposer, meaning an "in person" presentation of the card. I believe that this is why Ammoman does not ship to addresses in NJ.

 

Ammoman is IN NJ...so he actually has to deal with NJSP, so it's easier for him to just not ship here.

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