Posted: 9/13/2009 3:27:26 PM EDT
| Anybody know the legal rules of shipping a pistol? |
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there are federal law regarding that. there are also company rules/regulations regarding it.
i personally wouldnt solicit legal advice from here or on the web. you can contact the BATFE and ask from the horses mouth. they are more then willing to inform you whats what. there have been posts about this and i am surprised on the different answers that come up. btw, since you plan on sending a gun to someone else, FYI some FFL holders will NOT accept guns from NON FFL holders. there is no law/regulation against this, its their way of CYA. so before you do send anything, verify what the receiving FFL holdere will accept. |
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Yes we do.
A non FFL must ship via common carrier (eg FedEx, UPS etc) contents must be disclosed as a firearm. If transferring to another person, and if shipped out of state, it must go through an FFL. You may ship to yourself. FFLs may ship via USPS in addition to common carrier. |
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Quoted:
Yes we do. A non FFL must ship via common carrier (eg FedEx, UPS etc) contents must be disclosed as a firearm. If transferring to another person, and if shipped out of state, it must go through an FFL. You may ship to yourself. FFLs may ship via USPS in addition to common carrier. Pretty much covers it. |
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http://www.atf.gov/firearms/faq/faq2.htm#b (B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
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)] (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] There is a BATFE letter around that indicates that the above info about informing the shipper is not correct if it is going to an FFL. |
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The thread title is phrased such that the OP is inviting TWO conflicting responses. What I mean is that the term "rules" is very different than the term "legal" (or laws).
If you are shipping a handgun to an FFL you do not LEGALLY have to tell UPS that your package contains a firearm and you do not LEGALLY have to ship it with an Overnight option. Doing so is however breaking UPS' RULES and, should the package be stolen or damaged in transit, you would be screwed out of any claim of insurance. I'd do the smart thing and pay an FFL to send it for you via USPS Priority Mail. Here's the wording from the ATF's website to prove the above statement.: 18 USC § 922(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter [18 USCS §§ 921 et seq.]. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm. |
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http://www.atf.gov/firearms/faq/faq2.htm#b (B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
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)] (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] There is a BATFE letter around that indicates that the above info about informing the shipper is not correct if it is going to an FFL. Here ya go. 
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Quoted:
Quoted:
http://www.atf.gov/firearms/faq/faq2.htm#b (B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
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)] (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] There is a BATFE letter around that indicates that the above info about informing the shipper is not correct if it is going to an FFL. Here ya go.
http://i69.photobucket.com/albums/i73/tjhands/BATF20-20shipper20notification.jpg Just keep in mind you will not be paid ANY insurance $$ if you fail to declare what is being insured. |
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Quoted:
Quoted:
Quoted:
http://www.atf.gov/firearms/faq/faq2.htm#b (B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)] (B8) May a nonlicensee ship a firearm by common or contract carrier? [Back] A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30] There is a BATFE letter around that indicates that the above info about informing the shipper is not correct if it is going to an FFL. Here ya go.
http://i69.photobucket.com/albums/i73/tjhands/BATF20-20shipper20notification.jpg Just keep in mind you will not be paid ANY insurance $$ if you fail to declare what is being insured. Yep, I acknowledged that in my first post. 
Personally, I just stay on the safe side and have my FFL send everything, but it's interesting to know what the laws really say when it comes to this issue. |