Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 11/3/2009 10:46:12 AM EST
So my Dad calls me yesterday and says he's gonna give me one of his guns that he doesn't need. It's a scandium J Frame S&W (pre-lock). I'm not sure of the model number, but it was made within the last 10 years (so it's not C&R). My Dad lives in SC and I will be flying there soon to visit him. So... while I'm there in SC, can I box up the gun and ship it to my home address in Texas without going through an FFL? I seem to recall something in the law about it being OK to ship a gun to yourself.
Link Posted: 11/3/2009 10:48:16 AM EST
Fake non team member tag.
Link Posted: 11/3/2009 10:58:06 AM EST
I think that is a NO GO....since it isn't actually your gun and you aren't a resident of that state then it would have to go through an FFL. Face-to-Face transfers are good to go as long as it is in your state of residence
Link Posted: 11/3/2009 10:58:06 AM EST
I believe this would still be considered an interstate transaction, which would require going through an FFL.
Link Posted: 11/3/2009 11:04:02 AM EST
Might be close....but since technically the transaction and transfer of ownership will take place in SC, and you will be the owner of the gun there - I dont see why not.

From what I understood, the OP is receiving the gun FTF, then shipping it to himself.
Link Posted: 11/3/2009 11:08:05 AM EST
[Last Edit: 11/3/2009 11:12:58 AM EST by Amish_Bill]
I seem to recall something in the fed regs about transfers in the immediate family group - parent to child, grandparent to child, sibling to sibling, etc. Or was that in the PA codes... It's been a while and I don't recall.

From a hardline perspective, what are the laws in SC about a parent gifting a handgun to a child? Does the child's state of residence matter?

And yes, this is really a two part question.
- How should the transfer of ownership occurr?
- How can he ship his gun back to himself.

Question - if you're going to be flying back to TX, why not put it in a locking box and declare it as part of your checked luggage? It's not like you're trying to fly from NYC to Los Angeles with an AK.
Link Posted: 11/3/2009 11:12:48 AM EST
Link Posted: 11/3/2009 11:20:37 AM EST
It shouldn't be a problem. It's perfectly legal to ship a gun to yourself. No FFL needed.
Link Posted: 11/3/2009 11:29:54 AM EST

Originally Posted By SGCUSA:

As long as you take possession in person, and it is you shipping it and you receiving it then you are completely fine to do so.

Jeff ~ SGCUSA

Yep.



Link Posted: 11/3/2009 11:34:07 AM EST
3 packages, 3 pieces
Link Posted: 11/3/2009 11:36:15 AM EST
[Last Edit: 11/3/2009 11:37:23 AM EST by HardShell]
Link Posted: 11/3/2009 11:38:07 AM EST
Originally Posted By gerfungerpoken:
I believe this would still be considered an interstate transaction, which would require going through an FFL.



I have done a bunch of Googles and it appears you are correct. There is no way for me to legally acquire that handgun from my father in another state, unless the transaction goes through a Texas FFL dealer. I cannot find anything concerning laws that say a father can gift a handgun to his out of state son without going through an FFL dealer.

From the BATF:


(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

Link Posted: 11/3/2009 11:40:40 AM EST
I still think that for the cost of shipping you could get a locking pistol box, a lock, and toss it in your checked luggage. (SC doesn't have any screwed up possession laws like NYC or CA, do they? I'm fairly sure TX doesn't)
Link Posted: 11/3/2009 11:47:57 AM EST
I am not sure about the transfer issue. Check into the parental gift idea, as I remember something about that.

As to shipping a gun to yourself, once you legally own it. This is PERFECTLY LEGAL and you do NOT need to be at the delivery site when it arrives.

Details to be aware of.

1) Only FFL's may ship handguns throug the USPS. Non licensed individuals must use a common carrier.

2) Mark box with something like ' To ME in care of HIM. Then on box, also mark ONLY TO BE OPENED BY ME!

The persons home you are shipping it to can receive the package but they can NOT open it. Legal possession has not happened until the package is opened by owner. I often ship guns this way if I am going to a shoot across the country.

Link Posted: 11/3/2009 11:50:25 AM EST
this is how i understand it, from reading the atf website a couple months back.

yes, you can ship a gun to yourself (handgun or otherwise) if you are the owner of that gun (i.e. going to another state to go hunting, etc).

but, being as you are not the current owner of the gun, and it's in another state, it needs to go through an FFL.
Link Posted: 11/3/2009 11:51:06 AM EST
[Last Edit: 11/3/2009 12:01:57 PM EST by ma96782]
Besides the FEDERAL law.

_________________


Also check with SC law..........

To findout if it's legal for your father to transfer ownership without an FFL on his end.

I say that because........

Your father could (if it's legal in SC) just package and ship the gun to your FFL in TX (using a common carrier, not the USPS). Then, your FFL can transfer it to you in TX (after you've done the paperwork that the FEDs and/or TX requires).

AS A SHIPPER - THE SHORT COURSE ON SHIPPING FIREARMS

***Declare all firearm shipments***AND***Unless prohibited by your state or local laws***

A Non-FFL Dealer, CAN ship a long gun (rifle or shotgun), via the US Mail or common/contract carrier (Fed Ex, UPS, etc.) to an FFL, back to the factory, or gunsmith, or out of state (to yourself), or to another non-prohibited person within your state.

A Non-FFL Dealer, CANNOT ship a handgun via the US Mail. However, the Non-FFL Dealer, MAY USE a common/contract carrier for handgun shipments…….to an FFL, back to the factory, or gunsmith, or out of state (to yourself), or to another non-prohibited person within your state.

That being said.....as a Non-FFL, I've found it cheaper, to take my handgun(s) to my FFL Dealer (even w/ his fee) and have the handgun(s) shipped via the USPS, registered mail and insured. YMWV.

For an FFL Dealer, a firearm (handgun or long gun) can be shipped by either the US Mail or common/contract carrier.

*The US Postal Service does NOT recognize a C&R Lic. (Collector Lic.), as being the same thing as an FFL (Dealer Lic.).

__________________________________________________ ____

The common carriers make their own rules on how they want firearms to be shipped (overnight, same day or whatever). Mostly it's because, they can't trust their employees w/ the possibility of THEFT. The shipping charges can quickly mount.

*THINGS MAY HAVE CHANGED* Because of poor training, some UPS and FedEx employees THINK that shipping of firearms is authorized ONLY between FFLs. That is just NOT true. Speak to the KNOWLEGABLE people. It's also a good idea to have a printed copy of their rules in hand, before going to the shipping center. *THINGS MAY HAVE CHANGED*
__________________________________________________ _____

DON’T TRY TO SKIRT THE LAW

Some people, may advise others to ship their firearms in pieces…….”Parts are Parts.” But, note what the BATF says: Frames or receivers of firearms are "firearms" as defined in the law and subject to the same controls as complete firearms.

You Have Been Warned.
_______________________________________________________



Also, note the red.

Aloha, Mark


Link Posted: 11/3/2009 3:14:26 PM EST
Originally Posted By ma96782:
Besides the FEDERAL law.

_________________


Also check with SC law..........

To findout if it's legal for your father to transfer ownership without an FFL on his end.

I say that because........

Your father could (if it's legal in SC) just package and ship the gun to your FFL in TX (using a common carrier, not the USPS). Then, your FFL can transfer it to you in TX (after you've done the paperwork that the FEDs and/or TX requires).

AS A SHIPPER - THE SHORT COURSE ON SHIPPING FIREARMS

***Declare all firearm shipments***AND***Unless prohibited by your state or local laws***

A Non-FFL Dealer, CAN ship a long gun (rifle or shotgun), via the US Mail or common/contract carrier (Fed Ex, UPS, etc.) to an FFL, back to the factory, or gunsmith, or out of state (to yourself), or to another non-prohibited person within your state.

A Non-FFL Dealer, CANNOT ship a handgun via the US Mail. However, the Non-FFL Dealer, MAY USE a common/contract carrier for handgun shipments…….to an FFL, back to the factory, or gunsmith, or out of state (to yourself), or to another non-prohibited person within your state.

That being said.....as a Non-FFL, I've found it cheaper, to take my handgun(s) to my FFL Dealer (even w/ his fee) and have the handgun(s) shipped via the USPS, registered mail and insured. YMWV.

For an FFL Dealer, a firearm (handgun or long gun) can be shipped by either the US Mail or common/contract carrier.

*The US Postal Service does NOT recognize a C&R Lic. (Collector Lic.), as being the same thing as an FFL (Dealer Lic.).

__________________________________________________ ____

The common carriers make their own rules on how they want firearms to be shipped (overnight, same day or whatever). Mostly it's because, they can't trust their employees w/ the possibility of THEFT. The shipping charges can quickly mount.

*THINGS MAY HAVE CHANGED* Because of poor training, some UPS and FedEx employees THINK that shipping of firearms is authorized ONLY between FFLs. That is just NOT true. Speak to the KNOWLEGABLE people. It's also a good idea to have a printed copy of their rules in hand, before going to the shipping center. *THINGS MAY HAVE CHANGED*
__________________________________________________ _____

DON’T TRY TO SKIRT THE LAW

Some people, may advise others to ship their firearms in pieces…….”Parts are Parts.” But, note what the BATF says: Frames or receivers of firearms are "firearms" as defined in the law and subject to the same controls as complete firearms.

You Have Been Warned.
_______________________________________________________



Also, note the red.

Aloha, Mark






The FFL dealer I deal with in Austin will not accept a firearm from a non FFL. So this means I would have FFL fees on both ends of the shipping. It will probably end up costing me $100 total in FFL fees from both FFL dealers.



Link Posted: 11/3/2009 3:15:55 PM EST
Originally Posted By PROFESSORCHAOS:
It shouldn't be a problem. It's perfectly legal to ship a gun to yourself. No FFL needed.


While this technically sounds like a inter state transfer that's another matter.....as far as the shipping issue....


Yes you can ship to yourself, but I thought it was long guns only ??
Link Posted: 11/3/2009 3:51:20 PM EST
Why not put it in your luggage in a locked case? Saves you on shipping costs. You should call the airport up and ask them about it. Of what I understand , gun has to be in locked case and ammo in separate locked container
Top Top