We're having a local issue here in Fredericksburg with CSX (the train folks) who are essentially storing tanker cars filled with ethanol and chlorine in a small train yard only yards away from a residential subdivision. I've attended some of the city council meetings where this issue has been addressed, and CSX has made a couple claims to explain their actions.
Badly written - revised to say "ought".
Here's another thing - the rule requires the use of a "common carrier". I haven'tresearched that issue, yet, and as to the fedex thing, I don't care what their policies are, I'm only talking about the federal regulatory scheme. At common law, the definition of a "common carrier" was basically one person who gets paid for transporting stuff for the public at large. Sort of like the "innkeeper rule", anyone who showed up with the required cash could ship whatever he wanted to, and the common carrier couldn't say "no". So I'm not sure Fed Ex IS a common carrier, and I'm not sure whether federal regulation of common carriers makes any difference for intrastate transfers. I'm thinking that you could hire a courier service to ship a gun within the state. Again, this is thinking "out loud", as it were, and I haven't researched the issue.
1. They are a common carrier, and as such, they are not legally entitled to refuse a properly packaged shipment (in this case that means a properly functioning tanker car).Of course the interesting and "on topic" part of this story is the claim that they make as a common carrier, being unable to refuse a properly packed shipment. I would certainly argue that a couple hundred thousand gallons of chlorine is a lot more dangerous than an unloaded and properly packed handgun.
2. Apparently a railroad car is not "in storage" until it has sat for 48 hours, not counting weekends or holidays. So these cars can be parked for up to four or five days at a time, and are legally considered "in transit" the entire time they are next to these houses, and there is nothing that can be done about it at a local level.
So... I suppose if all else fails... buy yourself a box car, and give CSX a call.
ETFix mangled words.