Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
PSA
Member Login

Site Notices
9/23/2020 3:47:02 PM
Posted: 4/12/2006 8:13:11 AM EDT
[Last Edit: 4/12/2006 8:14:05 AM EDT by mister2]
2 questions:

Am I correct in thinking it is legal to buy a handgun from someone within the Commonwealth too far away to do a face-to-face (FTF) as long as I can provide proof of VA residence, and for the seller to ship handgun to me?  Neither seller nor buyer is an FFL.  I understand that this pertains only to handguns and not rifles.

I heard UPS does not accept handgun shipments between individuals, and certainly USPS won't , so has anyone tried FedEx?

Thanks in advance,
MR2
Link Posted: 4/12/2006 8:50:23 AM EDT
If you can't do a FTF and the firearm has to be shipped it MUST go through an FFL.
Link Posted: 4/12/2006 1:27:57 PM EDT
Marc, thanks for the heads-up.  I'm confusing what's OK with what's not OK, but the mind is the first to go, doncha know?  Good news, bad news.:....your 6400 is still unfired, LOL.  Even the box is in good shape!  
Link Posted: 4/12/2006 2:53:33 PM EDT

Originally Posted By M4arc:
If you can't do a FTF and the firearm has to be shipped it MUST go through an FFL.



Not the way I understand it.  Can you cite a passage for us?  

An FFL is a Federal license.  The transaction is taking place within the borders of Virginia.  BATF does not regulate the transaction.

www.atf.gov/firearms/faq/faq2.htm#b1

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. 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( b)( 3), 27 CFR 178.29]

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

A person may only buy a firearm within the person's own state, except that he or she may buy 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. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

www.vsp.state.va.us/cjis_ftc.htm
Link Posted: 4/12/2006 4:11:40 PM EDT
its not the sale thats problematic..it is the shipping...

you cannot ship a handgun without it going to an FFL...long guns are a different story...but I am 99% positive that a handgun cannot do that...


of course, having said that...I sent a gun back to sig once for service, and I can home one day and it was sitting on my porch...and that is from Exeter back to Virginia...
Link Posted: 4/12/2006 4:43:02 PM EDT
Shipping it specifically for purposes of repair, where [final] ownership of the handgun won't change does not require an FFL.  I sent my 1911 to Alpha Precision in Georgia and didn't use a FFL either coming or going.  
Link Posted: 4/12/2006 5:29:29 PM EDT
I thought the same thing, but according to BATF's website a non-ffl can ship a handgun to a non-ffl within the state.   It must go through a common carrier.
Link Posted: 4/12/2006 5:30:07 PM EDT
Yes, you can ship directly to someone in the same state without going through an FFL.  Use FedEx next day service.
Link Posted: 4/12/2006 8:33:07 PM EDT


tag

Link Posted: 4/12/2006 11:56:44 PM EDT
Here's the deal, it is perfectly legal to ship a handgun from doorstep to doorstep of non FFL holders.  It is illegal to use USPS to do so, but it is only against FedEx's, UPS's, and DHL's policies if you do so.  So if I were you, I'd take a chance using UPS and just not say what's inside since you won't be breaking any laws.

(please correct me if I'm wrong)
Link Posted: 4/13/2006 2:11:37 AM EDT
OK, I'm answering my own question, thanks to the earlier reference to BATF site:

Link:  http://www.atf.gov/firearms/faq/faq2.htm#b7


Quote:


(B8) May a nonlicensee ship a firearm through the U. S. Postal Service?
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?
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]


It is fairly clear what transport methods are available and personally, I would NOT recommend using omissions in combination with inappropriate transport methods.  Please be guided accordingly.

MR2
Link Posted: 4/15/2006 1:56:11 PM EDT
The state is not that big.
Meet in the middle.
Top Top