notalawyer
Regular Member
You are still missing it.
Neither he nor his parents committed a crime when he left.
The crimes will be committed when getting the shotgun to him in Florida in the manner proposed.
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FOPA-type question, VA to FL
- Thread starter TFred
- Start date
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You are still missing it.
Neither he nor his parents committed a crime when he left.
The crimes will be committed when getting the shotgun to him in Florida in the manner proposed.
notalawyer
Regular Member
Yeah, the whole Interstate transfer of Firearms BS, is completely repugnant to the founder's intent (and common sense interpretation) of the Commerce Clause!
TFred
Regular Member
So maybe not in Virginia, but any of the states which require a paperwork trail to transfer, it would seem to apply.
I'd love to see that conviction appealed in a legitimate court.
TFred
notalawyer
Regular Member
Are there any? I mean between parent and child. I have no idea. But that's not really the topic of this thread now is it?
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Wolf_shadow
Activist Member
TFred pm User about this! He as a lawyer would be better to answer this than us non lawyers.
Sent from my PantechP9070 using Tapatalk
wolf shadow has a valid point about contacting an attorney. i am not an attorney, but please look at this concept:
(B8) May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or
contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm
and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30
(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other
be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
this is from ATF's P-5300-4, page 177.
B9: ship it to themselves in FL and if your friend wishes to leave the shotgun at the out of state residence for future shooting events in the local out of state area, and your friend's friend is an individual who is not prohibited from access to a firearm, then i see it as a win win for all concerned! see comment below on shipping the firearm by common carrier.
(B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person
may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing
firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] Page 176
B8 is the other opportunity if your friend puts the shotgun into common carrier themselves and ships it to a FFL in the local area who might charge a couple of bucks.
be advised tho firearms shipped by ups (not usps) must do second day which causes the shipping cost to rise significantly.
several options to mull over
remember i am not an attorney, but i can read aft's manuals very well.
ipse
(B8) May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or
contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm
and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30
(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other
be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
this is from ATF's P-5300-4, page 177.
B9: ship it to themselves in FL and if your friend wishes to leave the shotgun at the out of state residence for future shooting events in the local out of state area, and your friend's friend is an individual who is not prohibited from access to a firearm, then i see it as a win win for all concerned! see comment below on shipping the firearm by common carrier.
(B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person
may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing
firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] Page 176
B8 is the other opportunity if your friend puts the shotgun into common carrier themselves and ships it to a FFL in the local area who might charge a couple of bucks.
be advised tho firearms shipped by ups (not usps) must do second day which causes the shipping cost to rise significantly.
several options to mull over
remember i am not an attorney, but i can read aft's manuals very well.
ipse
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PLUS 1
I doubt User would tell her to quit sweating the small stuff and just take it down there....but I'll bet he thinks it.:lol:
Some people worry too much about the Bogyman.
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^^This.
notalawyer
Regular Member
notalawyer
Regular Member
Not really.
The son (in FL) cannot ship it to himself, because in order to do so, he must take possession of it in VA, which would be a violation of the law. If you are talking about the parents shipping it to themselves in FL, that all fine and well, until the son opens the package, taking possession, and violates the law.
This was already covered.
notalawyer
Regular Member
Yeah, I'm pretty sure he wants to continue to practice law and stay out of prison.
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That's OK...You can take over his practice. Difference is....he's a lawyer, he knows what he's talking about and he lives in VA. You could start the South Bronx office though.:monkey
notalawyer
Regular Member
Somehow, I don't think you understood my post.
Somehow I wonder why someone from the great migration state is coming on Va. and billing themselves as Notalawyer and giving legal advice.
There used to be a fellow that had a fat gorilla smoking a cee gar avatar who did the same thing, and then there was a frustrated Shakespearean actor named Doug Huffman, "Master Doug Huffman" later, and a long line of others.
I ran into a gunsmith the other day that claims to be the greatest builder of 1911's ever. Claimed the mainspring doesn't alter the slide velocity then started spewing Federal law and saying a gun shipped in state still has to go to an FFL. He used to be a cop before becoming the greatest 1911 builder and nationwide FFL expert.
All make wonder just why they don't cure the ills of their own territory instead of tending the flocks here.
My Great Grandmother lived to a ripe old age of 103. She was a little girl during the war of Northern Aggression and a crusty old mountain woman. Whenever she was around someone (She referred to as flatlanders) that just had t share their vast knowledge, but wasn't from around there, she'd lean back in her rocker and say "I killed the bear".
Well "I killed the bear"!:uhoh:
so your' the one who done shot the big white one down by the hollar?
you do bring up a valid point, i have not engaged the sunshine state contributor before someone from the buckeye state finally moved on...hummmm
William of Ockham's theorum is alive and well, i do believe.
ipse
you do bring up a valid point, i have not engaged the sunshine state contributor before someone from the buckeye state finally moved on...hummmm
William of Ockham's theorum is alive and well, i do believe.
ipse
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It was actually answered quite well already.
i'm sure your ego truly believes that...
ipse
notalawyer
Regular Member
First, this forum is not devoted to the exclusive use of VA residents. Perhaps you should follow the example of a recently former member and start you own site, that way you'll have a say is who posts where. Here on OCDO, that's not the case, sorry.
Second, I never give legal advise. That would be a Felony in Florida!
The OP's post had clear, almost exclusively, Federal law implications. I provided proper, reasonable, citations to the applicable federal laws involved is the situation. Others, not so much.
Not sure why anyone would have a problem with that.
Reading comprehension issues aside. I'm almost positive that Dan, as you pointed out, would not offer improper advise to the OP. As I said he probably would like to stay out of jail for doing so. :banghead:
Wolf_shadow
Activist Member
It was actually answered quite well already.
I don't agree! And for not a lawyer you sure do give a lot of legal advice.
Sent from my PantechP9070 using Tapatalk
notalawyer
Regular Member
Has nothing to do with ego. It is simply a true statement.
notalawyer
Regular Member
You lack of understanding of the applicable Federal laws is apparent, plus you do not understand the term 'legal advise'.
Here, I'll help you:
Legal advice is generally defined as the assessment and application of principles of law to a particular factual situation. It involves the application of legal principles to facts in a manner that (1) in effect predicts a specific resolution of a legal issue or (2) directs, counsels, urges, or recommends a course of action by a disputant or disputants as a means of resolving a legal issue.
Merely providing legal information is not considered legal advice. Legal advice generally involves suggesting or predicting a course of action based upon the evaluation of a person’s or entity’s particular legal situation.
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