Some Federal Firearms Laws for non-FFL holders.


I buy, sell, and trade firearms as a hobby.  I have been doing this over the internet for about 5 years.  Shipping and receiving firearms has not become any easier considering we are in the information age.  So here are some important links that anyone who can read this and participates in the buying, selling, or trading of firearms should read.  I have found many dealers do not know the rules and regulations when it comes to shipping firearms.  I have also learned a few things reading these laws, such as; it is legal to ship a firearm to yourself in another state without going through an FFL if it is to be used for lawful purposes.  I hope this puts an end to some false perceptions that firearms must be shipped through FFL dealers.  Most recently, I had a dealer try to tell me that a pistol had to be shipped overnight and he wanted an extra $40 to ship it.  I told him to stick it and sent him a copy of the law.  Anyhow, here are the links and some of the pertinent information.

Some dealers will not send copies of their FFL to non-licensed individuals.  Here is a Mind blower; you do not need a copy of it to ship a firearm.  All you need is the number on the license.  You can verify the FFL is legal and current by checking with the ATF here: https://www.atfonline.gov/fflezcheck and then ship to the address listed on the FFL.
ATFs website:

www.atf.gov
ATFs Firearms FAQ
www.atf.gov/firearms/faq/index.htm


Hope this adds a little clairity to your hobby.


Some interesting points:
(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]
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. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, 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 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.

For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.

Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms).

(B8) May a nonlicensee ship a firearm through the U. S. Postal Service? [Back]
A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns 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.



(B9) May a nonlicensee ship a firearm by carrier? [Back]
A nonlicensee may ship a firearm by 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) and 922( e), 27 CFR 178.31]

(B10) 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.

There are a few pieces of incorrect information in your post.

While a nonlicensee does not need a copy of a receiving FFLs license, another licensee must have a certified copy of the FFL before shipment.  (27CFR 478.94)  This includes C&R FFL holders shipping a C&R firearm to another licensee.

If the premises address is different from the address on the FFL, the license is not valid.  A licensee is required to notify BATF of any change of premises 30 days before the move is effective.   There is no 45 day grace period.  (27CFR 478.52)  You are thinking of the provision allowing a licensee to continue business for 45 days after the expiration of their license IF they filed an application for renewal before the FFL expired.

The allowable circumstances for mailing handguns are in 18 USC 1715.  Also, Postal regulations are codified in the Code of Federal Regulations and have the force of law.

And last, there is no legal requirement to notify a carrier that a package contains a firearm unless you are shipping to a nonlicensee.   (27CFR 478.31)

Thanks for the reply.  That stuff I posted was straight cut and paste from the atf's website.  I edited nothing.   I will read 18 USC 1715 and edit the 45 day statement.  I re-read the part about change in location and you are correct.  The statement I made about not needing a copy of the FFL to ship was directed to non-licensees.  Frankly so many of these rules just do not make sense.   Do you have anymore insight to offer?  It sounds you are well versed in Federal Firearms Regulations.

From 18 USC 1715
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.

Do you know where to find the Postal Service Regulations?  I looked on the web site, but could not find it.  Possibly do to fatigue.  

Quoted: Do you know where to find the Postal Service Regulations?  I looked on the web site, but could not find it.  Possibly do to fatigue.

Go to the USPS web site and look for the Domestic Mail Manual.  The section on firearms is Section 11.1.  See the link.

Domestic Mail Manual on Firearms