question on shipping firearms

[Jim]

I'm asking because I DON'T KNOW.
I was recently told that a firearm can legally be shipped person to person if the transaction is private. Nothing was mentioned about within or across state lines and nothing was mentioned about handguns vs. long guns.
So, tell me, is it legal to ship a firearm straight to an individual's home if the transaction is between two private parties?

[BCall]

Not across state lines unless it is a C&R gun and the buyer has a C&R license. I know that Florida law allows this between 2 private parties, but I don't know about any other state. Not legal here in MO.

[Tom W.]

Not if it is a handgun, and not if it's out of state.
You can ship a longarm to a gunsmith or repair center with only minimal hasssle from the people at the P.O., mostly because they don't know the laws themselves. Look up and print out the answers you need at the BATFE website, as well as the USPS website, and have them in your possession when you get to the P.O.

That said, I believe that you can ship it to yourself at anothers address, such as an outfitter or someone where you will be hunting.

[Muddy Creek Sam]

That said, I believe that you can ship it to yourself at anothers address, such as an outfitter or someone where you will be hunting.


That said, It is illegal for anyone else at the other end to open the package.

Sam :D

[Tom W.]

That's true!

[starmac]

You can ship long arms across state lines from yourself to yourself with the postal service in care of a third party. The only time I have done it I had to educate the post master though. pistols are a no go. Here we can mail long guns to another party inside the state lines, not sure if that is a state or federal deal though.

[Tazman1602]

PM inbound buddy..................

Art

[Tazman1602]

VERY, VERY good point.

+1



That said, It is illegal for anyone else at the other end to open the package.

Sam :D

[spqrzilla]

Some close but imperfect answers above.

For persons who do not have an FFL of some sort:
Shipment of firearms between individuals who are residents of the same state are legal.

Shipments between individuals who are residents of different states is illegal with two narrow exceptions. The first is by an executor/personal representative to a beneficiary of an estate (don't do this w/o legal advice). The second is that shipment of a firearm to one's self in the care of another is legal - as above, instruct the receiver not to open the package. Otherwise, an unlicensed person cannot receive firearms in interstate shipments.

Long guns can be shipped USPS or common carrier. Handguns can be shipped via common carrier like UPS. Getting counter help to know the actual regulations can be a challenge.

Persons with a C&R FFL can receive firearms in interstate commerce so long as the firearm is C&R eligible.

Dealer FFL's can receive a firearm both long guns and handguns. (Dealer FFL's can also use USPS for handguns between themselves and other 01FFL's - not C&R FFL's)

[Jim]

.....Shipment of firearms between individuals who are residents of the same state are legal.....

I think this is what the guy was alluding to. He just wasn't clear on the part about within the same state.

[Tom W.]

I gotta ask, though..... Is the Postal inspecctor gonna watch you open your package when you get to where you're going?

[Geraldo]

Jim,

With all due respect to my fellow forum members, always check the ATF site yourself to confirm what someone tells you. "Geraldo on castboolits.com said it was OK to..." is not an affirmative defense in Federal Court, although I think it should be. ;-)

http://www.atf.gov/firearms/faq/unlicensed-persons.html

Here are two that pertain to your question:

Q: 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



Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

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)]

[spqrzilla]

I think this is what the guy was alluding to. He just wasn't clear on the part about within the same state.

The difference is more than a little important.

[Tazman1602]

Jim --

Why don't you call your local BATman and just ask them? I could be wrong and everybody else here could be wrong but if you get it in writing from local BATFE...................

I just don't want you to get in trouble man and even within the same state I do not believe it's legal to buy/sell firearms through the mail -- which is essentially what is going on right?

My customers that buy from me can buy any firearm they wish off of gunbroker, another individual, etc and have it shipped to me and I only charge them a $15 "nag" fee.

Art

[madsenshooter]

Try calling, any regulation is then open to the interpretation of whichever person you happen to be speaking to, or so I have found. I thought I read it in writing above.

[Jim]

Umm, guys.................
I'm not tryin' to start nothin' here, I'm just bein' honest with y'all, OK?

Some of the responses make me wonder if y'all think I'm gonna try this. I only posted this out of curiosity and a desire to learn right from wrong.
I realize text cannot carry tone of voice and inflection, which makes a big difference, but I sense a strength in some of what has been posted.

The original question was very simply "So, tell me, is it legal to ship a firearm straight to an individual's home if the transaction is between two private parties?" That's all I wanted to know.
As long as I've been here and as well as some of y'all know me, you oughta' know I got more sense than just goin' an' doin' something without knowing what the deal is.

I will repeat what I first said: I'm not tryin' to start nothin'. I've been here long enough that I feel like I can talk to y'all calmly and maturely about an issue. But, you might need to think how a new member feels when you come out kinda' hard like that.

Now, as far as I'm concerned, the air is cleared and the issue is over. I'm not upset. I've spoken my peace and I have no ill feelings about anyone. If you feel like you need to respond, by all means do so. But I'm not gonna let this get between me and anybody here because my friendship with y'all is more important than proving who's right or wrong.

[waksupi]

BATF website is the place to get answers to questions like this. Then you have it in writing, from the people who can cause the problems.