Posted: 12/18/2008 2:35:16 PM EDT
| Can I legally ship a pistol from one state to another state if it is being sent back to its original owner. This is not a repair thing. I already know about the USPS. I am thinking FEDEX. Please quote your source. Thanks |
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Can I legally ship a pistol from one state to another state if it is being sent back to its original owner. This is not a repair thing. I already know about the USPS. I am thinking FEDEX. Please quote your source. Thanks You would be committing a felony. Source: Gun Control Act 1968. |
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Original owner as in still-current owner, or as in you bought it from him/her?
Absolutely a no-go on the latter. Doesn't even matter that it's a handgun, as any interstate firearms transfer has to involve a FFL. If they are still the owner, and you're a gunsmith or something, that should be kosher. |
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This guy owns this weapon. He always has. This isn't a transfer from one person to another. He is having his property returned to him. Once again please cite your source. I am fully aware of 922. I am unsure how it can be trafficking when it is his property. Then how did you end up with it in another state? And how long have you "borrowed" it? |
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Please read my initial post again. CITE YOUR SOURCE please!!!!!!!!!!!!!! I want a source so I know the law not so I can guess!!!!!!!!!! And BTW GCA 1968 is not an accurate source. It is a broad SWAG. Everything I have found has had to do with transfers. Well man, now you are just off your rocker. GCA '68 is the law and is as authoritative a source as you will find. If you aren't going to read it, I'm not going to research it for you. You'll have to answer my questions from above about when you "borrowed" the firearm and how long you have had it. That will define whether or not it was transferred to you, whether you want to believe it or not. In your scenario, it is conceivable that a firearm could be passed back and forth across state lines among friends ad infinitum. Him: Here, borrow my gun. You: Thanks. I'm done with it now, have it back. Him: Thanks for returning it. Here, borrow my gun. You: Thanks. I'm done with it now, have it back. Interstate ping-pong ain't gonna cut it. A transfer is not only accomplished by an exchange of money and a Bill of Sale. A transfer will be construed to have happened based on the circumstances. You describe the circumstances, and I'll cite the source that you so desperately want to have. |
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18 USC 922(a) It shall be unlawful...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; |
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Jesus Christ, you are a fucking kook.
CALL THE ATF AND ASK THEM, YOU LAZY BASTARD You should have done that on Day fucking ONE! ETA: Sorry for the language but I hate it when people ask a question to which, in their mind, there is only ONE answer they are willing to hear. Honest to God, why not just call the BATFE and ask them? If you'd done that a week ago you would have had the answer to your question in 3 minutes instead of dragging it on and on and on. Would you have asked them to cite their source, too? Lord........ |
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(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; And as soon as the OP states how long he has had "temporary" possession (years?) we will know if he qualifies. He hasn't provided much information. He also asks if it can go back to its "original" owner, but he has made no indication of who the "current" owner is, nor has he provided the complete story behind his acquisition of this firearm. I think he has a particular need to finesse the law, other than avoiding the fees to ship the gun to an FFL. |