1.3 Shells Possession

[thomask280]

If 1.3 shells[2.5&3"] were purchased while possessing A valid BATF license. How can one sell or trade them after the license has expired?

[Arclight]

You're not supposed to have them with an expired license, but you can give transfer them to another licensee. I would get a receipt.

[displayfireworks1]

Maybe it is just me thinking this right now. If I was an ATF Inspector I would be thinking this product is currently being stored in an unapproved storage location. My rationale for thinking this is, for it to be currently in an approved ATF storage you would also have to be ATF licensed. Which you are not.
Not sure why you didn’t renew your ATF license it is so inexpensive. When you give up the license, you have to give up the 1.3 products. You mention selling the products. Selling or trading should be the last thing on the list of your few options. What is the logic? Because it started out as a legal purchase, it remains a legal product and exempt from future licensure, transfer or storage regulations. I do not think it works that way.
The part that worries me is you mention sell or trade. If you try to sell or trade that product unlicensed you are falling deeper into the ditch you fell into. Sometimes in life it is not how you fell into a ditch, it is how you crawl back out. I am not sure what to tell you but get that sell or barter idea out of your head. When you let that license expire to save $50.00, you lost the sell, trade, barter etc. options.
What indirectly come to mind is “The law of conservation of energy” It states energy is never created or destroyed, it can only be transferred from one form to another. That “Energy” you have needs transferred into color and smoke in the sky minus any transfer or profit. Unlicensed, you are not holding an asset, you are holding a liability.


I appreciate your post and discussing your situation

[BMoore]

That’s a good question. A licensee can transfer to another licensee but I don’t believe a licensee can legally receive product from a non-licensed person. Of course, a non-licensed person should not be in possession to begin with. I’m not seeing a legal sale or transfer here without digging yourself a deeper hole. I’m with Dave on this. A quick disposal is probably your best bet.

[Arclight]

This is a grey area. I know blasters will usually offer to remove or destroy contraband explosives material they find. It's usually a similar situation, where the customer finds something in a barn or at the mine site left over from when they did their own blasting.

Nobody is going to pay you for your illegal stuff and it's basically a courtesy if they are willing to take them off your hands. A normal person wants them gone and is happy to get a receipt saying this happened in case there is a question later. If you have material you are no longer authorized to possess, get rid of it ASAP. The ATF could cite people who turn stuff over to a licensee for disposal, but in practice they don't, assuming you are actually trying to get rid of it not be an unlicensed dealer.


That’s a good question. A licensee can transfer to another licensee but I don’t believe a licensee can legally receive product from a non-licensed person. Of course, a non-licensed person should not be in possession to begin with. I’m not seeing a legal sale or transfer here without digging yourself a deeper hole. I’m with Dave on this. A quick disposal is probably your best bet.