I have a question about shipping a handgun, and I hope someone has once been in a similar experience as me.

The military moved me to Colorado, and all my rifles and pistols are back home in Pennsylvania. Is it practical to have my parents ship one of my handguns to me? Or, should I just buy another one here? I only need it for self defense while I'm hiking. I've been reading up on it and it looks like it has to go to a FFL here, not directly to me, is that correct? After the transfer fee and shipping, maybe I might as well just buy a new one here.

Fed Law makes it illegal for anyone but the owner to ship to themselves.

USPO can only accept handguns for shipment by Dealers/Mfrs, per Fed Law (or regulation, unsure which).

And FedEx plus UPS changed their rules and will not accept any guns for shipment (even though legal) except if an FFL is involved at one end or  the other.

Thank you for the info. Wow, that's such BS that both UPS and Fedex won't ship unless a dealer is involved. You can't do anything as a free citizen anymore.

At this point, I think the most economical thing for me to do is simply buy a new handgun for self defense here, then sell it again when I move. Or, if my parents fly out to visit me from Pennsylvania, they could bring one on the plane for me.

<----FFL

What you just described is a federal crime. (By your parents and you)


It doesn't matter if you own the firearm, it's in their possession. The only way you can take possession is:
1. Go back home and get them yourself.
2. Your parents ship them to a dealer in your new state of residence.
3. Have your parents take them to a local dealer to ship to a dealer in your new state of residence.

Are you sure it's not legal to have them take it on the plane with them? It isn't being sent through a shipping system that way.

Maybe I would be better off just buying a firearm here. I checked Fedex's rates, and it would cost $100 to send a 4-Lb. box via overnight delivery. That's too much money.

I didn't say that.
It's illegal for them to transfer the firearms directly to you.
They can deliver the firearm to a CO dealer who can transfer them to you via a 4473/NICS.

Wow, that's complicated. So even though it's my firearm, they can't take it across state lines via a plane and give it to me, but they can take it across state lines on the plane without giving it to me. I don't understand why I would need a background check to receive my own firearm. Our country's laws are so restrictive. We don't have any real freedom anymore. Just the illusion of it.

It's not complicated. it's very simple.........interstate transfers of firearms can only be done by a licensed dealer. It's nothing new, it's been Federal law since 1968.

You would need a 4473/background check because Federal law says you do.



Horseshit. You have the right and ability to change any law you think is too restrictive.....we have the right to vote, elect representatives and implement or change unpopular laws.

Name one place on Earth where you can do anything you damn well please with no restriction or law that governs your actions. If you would prefer that to America then move there.

Is is really a "transfer" when HE is the owner and it is merely stored somewhere else (his home of record?)? Most states don't require registration for possession of firearms so someone can be holding someone else's gun for them (e.g. off at Boot Camp).

Why can't the first (legal to possess) person visiting him bring HIS GUN to him? I ask this because it doesn't make sense to me either if he can document ownership of said gun. [I do understand that shipping can only be done by the owner or FFL, but this isn't shipping as far as I can tell.] I'm really curious about this one.

It is when it crosses state lines via mail or when in possession of someone else.
He most certainly could go back to his parents home and return to CO...........but he cannot ask someone to do that for him.

"Ownership" has nothing to do with any Federal firearms law regarding the interstate shipment or transfers of firearms.





It has nothing to do with "registration".





Because that's a violation of Federal law.




He can have video tape of his purchase, sworn affidavits from nuns, and a letter from the President attesting to his ownership of the firearm...........but none of that will exempt the OP or anyone else from Federal law.


I'm surprised that there are still people who own guns and haven't spent two minutes learning what gun laws could put them in prison, fine them and never possess a firearm again.

This question gets answered on ARFcom at least once a week.........and the answers are always the same.

http://www.atf.gov/content/Firearms/firearms-industry/FAQ-firearms

What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.

***************************************
http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-transfer
May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

*****************************************
From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
***************
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]

I just visited a gun store today, and they said it's legal to ship handguns via US Postal Service, and they have customers send them to them for transfers in flat rate boxes all the time without telling the post office what's in the box.

It is legal to ship handguns via USPS............if you are a licensed dealer or manufacturer.

If you aren't a licensed dealer or manufacturer............you're committing a Federal crime. Just because someone else does it "all the time" doesn't make it legal.

I'm a dealer and I too get handguns shipped USPS by nonlicensees. They are either ignorant of the law or just idiots.

Maybe I should have Dad take the handgun to the local FFL, and have him ship it via USPS to the local FFL here. How much do you think that would cost?

It depends on size of box and insurance..........but most handguns can fit in a flat rate box and ship for less than $30.
Remember, you will likely pay a transfer fee at each end.

Sir, thank you for taking the time out of your day to answer my questions. I appreciate your help. I still haven't decided what to do. Haha!

I just saw a Glock 21 gen3 in .45 for $450 at the local gun store. It comes with one 13-round magazine and a holster. I don't currently own anything in .45 and I might jump on it. You need stopping power here in the west.

I'm still trying to wrap my head around the whole "his parents can't bring him his firearm because it's interstate".

I don't believe that any "transfer" is taking place.  His parents are acting as a carrier to bring him is property.  There's no federal law about what mode of transport a firearm can take in interstate travel, just what happens when one does move interstate.

Please cite the code/regulation that says the transport of a firearm interstate by someone other than the owner constitutes a "transfer".  Because I've had my buddy drive my shotgun home while I fly.

After all, there's no real difference here except that someone that's related to him is doing the transporting instead of a stranger.

What do you think a "transfer" is?




Already been posted above in the FAQ from ATF but since you could not wrap your head around them you'll need to read them yourself:  It's 18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30   .
A "transfer" refers to transfer of possession. It has nothing to do with ownership. While it has no bearing between residents of the same state, when both parties are residents of different states it comes under Federal laws and ATF regulations that restrict interstate commerce in firearms.


 
Exactly.
The law makes no difference if the firearm is mailed, carried by UPS/FedEx, transported by car, truck, plane or mule..........if it crosses state lines it must be transferred by a licensed dealer. There is no family exemption under Federal law. A father in Texarkana, AR cannot just drive three miles to Texarkana, TX and give his son a gun for Christmas.........it would have to be transferred by a dealer. If other than a rifle or shotgun it could only be transferred by a Texas dealer after 4473/NICS.



As posted earlier:

Does the mere fact of him leaving the weapon at his folk's house constitute a transfer?

I can leave my SBR or machinegun at someone else's house and so long as it's in a locked container they don't have access to it doesn't constitute a transfer.

I'm just trying to think of a way that someone could ship you your own firearm interstate without you doing the legwork and without involving an FFL.