I'm sure this has been covered many times before but must ask again to be sure.
Can a non-licensee ship a Collector C&R eligible pistol direct to an FFL (after receiving the FFL license) in another state? THANKS
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I'm sure this has been covered many times before but must ask again to be sure.
Can a non-licensee ship a Collector C&R eligible pistol direct to an FFL (after receiving the FFL license) in another state? THANKS
yes,
however, some FFL holders will not eccept transfer from a non lic, party.
handguns should be shipped next day air. via UPS or Fedex.
they can be shipped via USPS but a pile of paperwork needs to be done.
Thanks, that's what I thought but since I seldom do it I needed verification.
Jughead,Quote:
Originally Posted by Jughead
Fedex worked just fine for me. I took the packaged pistol to FEDEX, told them what it was as required, showed the the signed FFL to where it was going and shipped it "Next Day" as required. It arrived just fine and legally.
Quote:
Originally Posted by chuckindenver
My local (DEALER--NOT C#R) mails handguns for me with no problem. Otherwise, ANY other method virtually always busts over the 50-60 dollar level.
The affidavit stuff you are talking about (SEC 11.1.3) is NOT APPLICABLE to DEALER to DEALER shipments. The affivdavit requirement is for NON-DEALER transactions involinving some fairly specific circumstances. Likewise, ONE document usually doesn't constitute a "pile" (normally).
Feel free to read the regulation Chuck:
******
11.1.5 Manufacturers and Dealers
Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts.
***********
There is a short form that the postmaster can ask the dealer to fill out, but they never do this (at least in my experience over 20+ years and several states, and even if they did, it's no biggies compared to the BS dealers can go through at UPS and (to a lesser degree at FedEx) sometimes.
DMM 601 Mailability
i ship firearms weekly. and know the laws backward and foward..but thanks.
for someone shipping a pistol one time. and not on a regular basis,
i belive a contract shipper is easier, and less fuss, however, it does cost more.
i belive the original question was if a private seller non FFL can mail a handgun to a FFL.
and not FFL to FFL..
and i belive i responded correctly.
its been my experiance that most postal clerks dont know the laws when it comes to shipping firearms.
iv had customers tell me that they have had postal clerks refuse to take a firearm,
when i call said clerks supervisor, its usualy taken care of, and the clerk is educated.
:super: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.
[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? [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.
(B10) May a person who is relocating out of State move firearms with other household goods? [Back]
Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.
Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.
[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]
(B11) What constitutes residency in a State? [Back]
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United State
OK Chuck, what part of the following am I failing to understand?
(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.
how i read this, and how iv followed the rule is..
a private non lic, person may ship a handgun to a FFL or C&R holder in another state. via contract carrier, UPS Fed Ex. or common, USPS. youll need to fill out a small amount of paper work wih the postoffice.
you can ship a rifle. shotgun or pistol, in your state person to person.
no Lic, needed.
thats how i read it.
if you dig around the ATF website youll find more on transfer, gunsmithing, shipping guns to yourself in another state..{no FFL needed} ect.
you just need to dig around and find the Q&A section.
mind you. most of this is as old as 2005, i have a nice thick book on this..givin by my local ATF guy.
keep im mind. some FFL holders wont take shipment from a non lic, person, the ones that do, will ask for a copy of your ID.
Chuck,
Perhaps I've misunderstood here (I am getting along in years), but my understanding is that a non-licensed party cannot ship a handgun via USPS, per USPS regs. Long gun yes, if going to a FFL/C&R.
Did I miss something?
if you read what i posted..
a private ind, non lic, may ship a handgun to a FFL holder. common or contract shipper.
only of shipped out of state.
and you may ship to yourself...
example.
if your going hunting on Co. and you live in Wis. you can send your own rifle to yourself in Co,
AE: sent to a friends home C/O {your name} and then back to your home address when your finished hunting.
ill see if i can find the Q&A section, and post a link.
Ah, now I understand the source of the confusion.
USPS is not a "common or contract carrier".
This is spelled out in the Domestic Mail Manual, Section 432.2, "Unloaded Handgun - Mailer must be licensed manufacturer or dealer mailing to another licensed manufacturer or dealer."
From my reading of the FAQ and ATF information, 03 C&R holders are prohibited from using the USPS for transferring C&R pistols between unlicensed and licensed persons. I.E. as an 03 holder, I could not accept a Model 1911 WWI pistol from a guy three states away through the USPS. He must ship via a common carrier (Fed Ex, Big Brown, etc.). As an individual or03 FFL, I can not use the USPS to sell or transfer pistols to other FFL's (01 or 03), because the regulation is specific in that it states "dealers", and collectors are not "dealers". In my experience, USPS is great for transferring long guns.
Quote:
Originally Posted by Neal Myers
great info...seems no matter how hard we try, it gets tougher and tougher..