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Shipping firearms

thx997303

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I was reading on the ATF website and I came across this,

(B8) May a nonlicensee ship a firearm by common or contract carrier? [ Back] 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.

And this,

9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawfu activity? [ Back] 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 lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm

So, reading this, and it came from the ATF's firearms FAQ it seems that I would be able to send my handgun from my brother who it is currently in the care of, to myself without going through an FFL.

Is this a correct interpretation?
 

TFred

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You don't say if you and your brother are in the same state. If yes, then I think you are fine. If no, then IANAL, but I don't see how you can ship a handgun from your brother.

The interstate rule you quoted seems to be geared toward you placing a shipment to yourself, but in care of another, with you intending to be there in person to collect the shipment at a future date.

Unless you are going to where your brother is currently holding the gun, to ship it to yourself, I don't think the interstate rule you quoted covers your plans. Again, only if you are in different states.

If you are planning to go to where your brother is actually holding the gun now, then I don't think he has any role in the story. It's just you shipping to yourself, and happens to be from one state to another.

But... if the handgun is really your brother's and you are buying it from him... then even if you go to where your brother is, and it's a different state, that transaction would not be legal, since residents of different states must transact handgun sales through a FFL.

And remember, IANAL...

TFred

ETFix. Spell much?
 

skidmark

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Not quite so fast there!

You can ship your handgun from wherever your brother lives (presuming you are legal to posses it there) to yourself at another address where you are also legal to posses it. And you must be the one who opens the package on the receiving end.

If anyone else physically takes the handgun to the contract carrier (UPS or FedEx) then it has to go through an FFL at the receiving end.

Hunters usually use this method of shipping their firearm to themselves to make travel to and from wherever they are going a bit easier and to avoid the stop at TSA. They address the package to themself "In Care Of" where they will be hunting and make sure the folks there know to expect the package and not open it - only the owner can open the package as that is the actual act of receiving the firearm.

It may be easier for you to just get the handgun the next time you visit your brother and carry it back home with you via whatever legal restrictions (FOPA primarily) you have to comply with. If you are not going to visit for a while, find an FFL who will do the transfer for you. (Yeah, it's "your" handgun, but the law is the law.)

stay safe.

skidmark
 

hp-hobo

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MSC 45ACP wrote:
What about sending a pistol back to the manufacturer for repair? Do I have to use an FFL?
No, you can ship it to the manufacturer (or any FFL) for repair without going through an FFL and then have it sent back also without going through an FFL as long as you are the owner. And contrary to popular belief you CAN ship via USPS.

Tip; If you're asked to declare what's in the package for insurance purposes, you're shipping "machined parts". The word "gun" flips some people out, and that's not the time for education.
 

HankT

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hp-hobo wrote:
MSC 45ACP wrote:
What about sending a pistol back to the manufacturer for repair? Do I have to use an FFL?
No, you can ship it to the manufacturer (or any FFL) for repair without going through an FFL and then have it sent back also without going through an FFL as long as you are the owner. And contrary to popular belief you CAN ship via USPS.
A non-FFL can ship a handgun via USPS? Tell us more about the authority for that, hp.


hp-hobo wrote:
Tip; If you're asked to declare what's in the package for insurance purposes, you're shipping "machined parts". The word "gun" flips some people out, and that's not the time for education.
Isn't that a subterfuge? What happens if the package is lost and one has to make a claim? Then, do you tell 'em it was actually a firearm? What happens then?
 

Doug Huffman

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Endless questions pave the road to hell. HenriettaTG will greet you there.

I happily and with little anxiety shipped my 'EBR'/tactical shotguns back and forth to the company performing the upgrades and overhauls by shipping each one in two parcels, one of barrel and the other of stock, with both identified as machine parts which they are until assembled with the proper mate.
 

thx997303

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Ugh, dang. See this is why I ask questions before doing it.

I may just buy another gun. Be easier and make me happier:D
 

hp-hobo

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HankT wrote:
A non-FFL can ship a handgun via USPS? Tell us more about the authority for that, hp.
Better yet, how about you cite the authority that says you can't. I know you're smart enough to know that laws and regulations almost never tell you what you can do, they tell you what you can't. After all, how many state codes specify that open carry is legal?

That's what I thought.



HankT wrote:
Isn't that a subterfuge? What happens if the package is lost and one has to make a claim? Then, do you tell 'em it was actually a firearm? What happens then?
Subterfuge? How very dramatic. You can call it anything you want. I call it intelligent packaging and truth in labeling. If I ever actually lost something, which never happens to insured packages, I'll give them a bill for all the parts that make up the gun, separately. Now my $400 gun is$1,000 worth of machined parts.

Of course, all that being said, I don't make it a habit to ship my firearms around. I've done it twice in my life, once for a recall and once for a warranty repair (cracked reciever), both in the last year.
 

Bill Starks

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ATF:
http://www.atf.gov/firearms/faq/faq2.htm
(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 lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.



Contract Carriers:

Fed Ex
Customers must observe the following procedures to ship firearms, including handguns, via Fed Ex:
FedEx Express can only accept and deliver firearms between areas served in the U.S. under the following conditions: You agree to tender shipments of firearms to us only when either the shipper or recipient is a licensed manufacturer, licensed importer, licensed dealer or licensed collector and is not prohibited from making such shipments by federal, state or local regulations. The shipper and recipient must be of legal age as identified by applicable state law.
Firearms must be shipped FedEx Priority Overnight service. FedEx cannot ship or deliver firearms C.O.D. or with a signature release. Upon presenting the package for shipment, the person tendering the shipment to FedEx is required to notify the FedEx employee who accepts the package that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm. Firearms shipments cannot be placed in a FedEx Express Drop Box.
You also agree not to ship firearms loaded or with ammunition in the same package. Ammunition is an explosive and must be shipped separately as dangerous goods. The shipper and recipient are required to comply with all applicable government regulations and laws including those pertaining to labeling. The Bureau of Alcohol, Tobacco & Firearms can provide assistance.
http://www.fedex.com/us/services/termsa ... earms.html

UPS
Customers must observe the following procedures to ship firearms, including handguns, via UPS:
UPS accepts firearm shipments from UPS daily pickup accounts and through UPS Customer Counters. UPS daily pickup accounts can also ship firearms, not including handguns, through UPS Internet Shipping, On Call Air Pickup®, and One-Time Pickup. Firearms are not accepted for shipment via UPS Letter Centers, UPS SonicAir BestFlightSM service, or international service. Firearms will not be accepted when presented for shipment at a UPS Authorized Shipping Outlet or a UPS Commercial Counter.
UPS accepts handgun shipments from UPS daily pickup accounts and through UPS Customer Counters. Handguns are not accepted for shipment via UPS Letter Centers, UPS SonicAir BestFlight service, UPS Internet Shipping, UPS On Call Air Pickup, UPS One-Time Pickup, or international service. Handguns will not be accepted when presented for shipment at a UPS Authorized Shipping Outlet or a UPS Commercial Counter.
Firearm shippers shipping through a UPS Customer Counter must have a letter on record with UPS stating their status as an authorized firearm shipper.
The shipper must affix a UPS label, requesting an adult signature upon delivery, to each package containing a firearm.
Packages containing handguns must be shipped via UPS Next Day Air Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® service.
Packages containing handguns must be segregated from other packages being tendered to UPS. Handgun shippers must verbally notify the UPS driver or UPS Customer Counter clerk of any package containing a handgun.
UPS prohibits the inclusion of ammunition in packages containing firearms, including handguns.
In locations where a UPS Next Day Air service is not offered, packages containing handguns must be shipped via the most premium domestic air service available.
http://www.ups.com/using/services/details/firearms.html



USPS
Customers must observe the following procedures to ship firearms, including handguns, via USPS:
43 Firearms
431 Definitions
431.1 Firearm
A firearm is defined as any device (including a starter gun) that is designed, or may readily be converted, to expel a projectile by an explosion, a spring, or other mechanical action, or by air or gas pressure with sufficient force to be used as a weapon.
431.2 Handgun
Pistols, revolvers, and other firearms capable of being concealed on the person (for example, short-barreled shotguns and short-barreled rifles) are defined as handguns. The following definitions apply:
a. Pistol or Revolver. A pistol or revolver is a handgun designed to be fired by the use of a single hand.
b. Short-Barreled Rifle. A rifle having one or more barrels less than 16 inches long is defined as a short-barreled rifle. This includes any weapon made from a rifle (by alteration or modification) resulting in an overall length of less than 26 inches.
c. Short-Barreled Shotgun. A shotgun having one or more barrels less than 18 inches long is defined as a short-barreled shotgun. This includes any weapon made from a shotgun (by alteration or modification) resulting in an overall length of less than 26 inches.
431.3 Antique Firearm
An antique firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) is any firearm manufactured in or before 1898, or any replica of such a firearm, that meets either of the following conditions:
a. It is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
b. It uses rimfire or conventional centerfire fixed ammunition, which is no longer manufactured in the United States and is not readily available through ordinary commercial trade channels.
431.4 Rifles and Shotguns
A rifle is a shoulder weapon having a barrel that is 16 inches or more in length. A shotgun has a barrel of 18 inches or more in length. Rifles and shotguns have an overall length of 26 inches or greater and cannot be capable of being concealed on a person.
431.5 Licensed Manufacturer/Licensed Dealer
A manufacturer of firearms or a bona fide dealer in firearms is one duly licensed by the Bureau of Alcohol, Tobacco, and Firearms (ATF), U.S. Department of the Treasury, under the Gun Control Act of 1968.
432 Mailability
432.1 General
The following conditions apply:
a. Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable in the domestic mail except as permitted in Exhibit 432.1 and DMM C024.1.0.
b. The disassembled parts of a handgun or other type of nonmailable firearm that can be readily reassembled as a weapon are nonmailable except as permitted in Exhibit 432.1 and DMM C024.1.0 or C024.2.0.
c. Unloaded antique firearms sent as curios or museum pieces are generally permitted as specified in Exhibit 432.1 and DMM C024.2.0.
d. Unloaded rifles and shotguns may be mailed if the mailer fully complies with the Gun Control Act of 1968 (Public Law 90-618) and 18 U.S.C. 921. The mailer may be required to establish, by opening the parcel or by written certification, that the gun is unloaded and not excluded from mailing because of the restrictions in 431.2b and c.
432.2 PS Form 1508
PS Form 1508, Statement by Shipper of Firearms, must be completed by each firearm manufacturer or dealer who deposits firearms for mailing. The form must be filed with the postmaster of the post office of mailing.
Exhibit 432.1
Mailability Requirements for Firearms
Handguns may be mailed by a licensed manufacturer or dealer, an authorized federal agent, or an authorized state, territory, or district agent ONLY when addressed to one of the following addressee categories for use in official duties:
Addressee Affidavit Requirements
a. Officer of Army, Navy, Air Force, Coast Guard, Marine Corps, or organized reserve corps.
b. Officer of National Guard or militia of a state, district, or territory.
Mailable with affidavit signed by addressee and certificate signed by commanding officer.
c. Officer of the federal government or a state, district, or territory whose official duty is to serve warrants of arrest or commitment.
d. USPS employees specifically authorized by the chief postal inspector.
e. Officer or employee of a U.S. enforcement agency.
Mailable with affidavit signed by addressee and certificate signed by head of agency employing the addressee.
f. Watchman engaged in guarding federal, state, district, or territory property.
Mailable with affidavit signed by addressee and certificate signed by chief clerk of department, bureau, or branch of government agency employing the addressee.
g. Purchasing agent or other designated member of an agency employing officers and personnel included in c, d, or e above.
Mailable with affidavit signed by addressee and certificate signed by the head of agency stating the firearm is to be used by an officer or employee cited in c, d, or e of the opposite column.
Unloaded Handgun
Mailer must be licensed manufacturer or dealer mailing to another licensed manufacturer or dealer. Addressee is FBI (or it's director) or scientific lab or crime detection bureau of any agency whose members are federal law enforcement officers, or state, district, or territory officers authorized to serve warrants of arrest or commitment. Manufacturers or dealers must complete PS form 1508, Statement by Shipper of firearms, and file with postmaster.
Postmasters may forward an unsatisfactory mailer statement to their RCSC for a ruling.
Unloaded Rifle or Shotgun
Short-barrelled rifles or shotguns that can be concealed on a person are nonmailable.
Mailer must comply with Gun Control Act of 1968 and with the state and local laws. USPS may require mailer to open parcel or give written certification that weapon is unloaded and not concealable. Registered mail service is recommended.
Unloaded Antique Firearm
Unloaded antique firearms sent as curios or museum pieces are acceptable for mailing.
432.3 Packaging and Marking
No markings of any kind that indicate the nature of the contents may be placed on the outside wrapper or container of any mailpiece containing firearms. Mailable matter must be properly and securely packaged within the general packaging requirements in DMM C010.
433 Mailer Responsibility
Even though certain types of firearms are permitted to be mailed within the provisions of the postal law in 18 U.S.C. 1715, it is the mailer's responsibility to comply with all federal and state regulations and local ordinances affecting the movement of firearms.
434 Legal Opinions on Mailing Firearms
Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Mailers should be referred to the nearest regional ATF office for further advice. See 435 and Exhibit 435.
435 Bureau of Alcohol, Tobacco, and Firearms (ATF)
 

HankT

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hp-hobo wrote:
HankT wrote:
hp-hobo wrote:
And contrary to popular belief you CAN ship via USPS.
A non-FFL can ship a handgun via USPS? Tell us more about the authority for that, hp.
Better yet, how about you cite the authority that says you can't.
You are the one who made the declaration regarding shipping a handgun, that one "CAN ship via USPS."

You don't have the authority, do you? C'mon, hp...fess up.
45.gif




hp-hobo wrote:
HankT wrote:
Isn't that a subterfuge? What happens if the package is lost and one has to make a claim? Then, do you tell 'em it was actually a firearm? What happens then?
Subterfuge? How very dramatic. You can call it anything you want. I call it intelligent packaging and truth in labeling.
I call it dangerous. You're messing with stuff that you don't understand.




hp-hobo wrote:
If I ever actually lost something, which never happens to insured packages, I'll give them a bill for all the parts that make up the gun, separately. Now my $400 gun is$1,000 worth of machined parts.


Wouldn't that be fraud?

Hey, hp-hobo, are you intentionally tryin' to make gun owners and carriers look bad?
 

flintlock tom

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hp-hobo wrote:
HankT wrote:
A non-FFL can ship a handgun via USPS? Tell us more about the authority for that, hp.
Better yet, how about you cite the authority that says you can't. I know you're smart enough to know that laws and regulations almost never tell you what you can do, they tell you what you can't. After all, how many state codes specify that open carry is legal?

That's what I thought.
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

http://www.atf.gov/firearms/faq/faq2.htm#b7
 

TFred

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flintlock tom wrote:
hp-hobo wrote:
HankT wrote:
A non-FFL can ship a handgun via USPS? Tell us more about the authority for that, hp.
Better yet, how about you cite the authority that says you can't. I know you're smart enough to know that laws and regulations almost never tell you what you can do, they tell you what you can't. After all, how many state codes specify that open carry is legal?

That's what I thought.
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

http://www.atf.gov/firearms/faq/faq2.htm#b7
I didn't spend a lot of time looking but the funny thing is I can't find anything in the referenced law that says you can't mail a handgun.

http://trac.syr.edu/laws/18/18USC00922.html

Anybody else see it?

TFred
 

flintlock tom

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It's in section 1715:

http://trac.syr.edu/laws/18/18USC01715.html


CITE 18 USC Sec. 1715 01/02/2006 EXPCITE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 83 - POSTAL SERVICE HEAD Sec. 1715. Firearms as nonmailable; regulations STATUTE Pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such articles may be conveyed in the mails, under such regulations as the Postal Service shall prescribe, for use in connection with their official duty, to officers of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Organized Reserve Corps; to officers of the National Guard or Militia of a State, Territory, Commonwealth, Possession, or District; to officers of the United States or of a State, Territory, Commonwealth, Possession, or District whose official duty is to serve warrants of arrest or commitments; to employees of the Postal Service; to officers and employees of enforcement agencies of the United States; and to watchmen engaged in guarding the property of the United States, a State, Territory, Commonwealth, Possession, or District. Such articles also may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations as the Postal Service shall prescribe. Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any pistol, revolver, or firearm declared nonmailable by this section, shall be fined under this title or imprisoned not more than two years, or both.

However, the part in bold seems to allow anyone to mail a handgun as long
as it is going to a manufacturer or dealer.
I suspect the Postal regulations may have something to say on the subject also.
 

Legba

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A federal firearms licensee may ship handguns via USPS by submitting declaration/form 1508, which states that it is a licensee-to-licensee shipment. Strangely, they don't require either party to submit a copy of their firearms license (god help you if you get caught lying on one of the forms), but that's the only way to legally ship handguns via the post office. It's supposed to be dealer-to-dealer (or manufaturer-to-dealer, whatever) - both parties are supposed to be licensees, as it was explained to me by the local postmaster. I'm the only person locally who has ever had to do this and I had to explain to the postal employees what form 1508 even was. You also have to package the gun in a manner that does not suggest the nature of the package's contents, and you can't ship ammo with the gun.

This may have more to do with postal regulations than federal gun laws - not sure what authority regulates this - but the post office was quite clear that non-licensees cannot ship or receive handguns via regular mail, except in very limited circumstances (I think there are exemptions for federal agents and military). Use FedEx or a bonded courier or something.

-ljp
 

rpyne

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So, does anyone know of a carrier that will allow you to ship a firearm to yourself? Reading the above references, both FedEx and UPS require that one party be a licensee.
 

HankT

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rpyne wrote:
So, does anyone know of a carrier that will allow you to ship a firearm to yourself? Reading the above references, both FedEx and UPS require that one party be a licensee.


thx997303 wrote:
I was looking at the ATF website, and came across this

(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [ Back]

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 lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm...
http://opencarry.mywowbb.com/forum52/29233.html
 

thx997303

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I would be surprised if rpyne hadn't already read that one.

I started it to ask a specific few people, then started this one to get a broader opinion base.
 
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