20 November 2003, 05:47
newtootLegal Sale and Shipping
What must I do to insure I'm legal and will have peace of mind if I want to sell a Contender outfit, including frame, to an out of state person. I live in Colorado. I know I must go thru an FFL dealer, but on this end, the receiving end, OR BOTH??? Also, any packaging
suggestions?? Thanks Ray
20 November 2003, 07:07
GonHuntinFederal law
DOES NOT require that firearms be shipped from an FFL to an FFL (this includes handguns!)......there only needs to be an FFL on the receiving end!
From the BATF website FAQ:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b1B. UNLICENSED PERSONS
(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]
(B3) May an unlicensed person obtain a firearm from an
out-of-state source if the person arranges to obtain the
firearm through a licensed dealer in the
purchaser's own state? [Back]
A person not licensed under the GCA and not prohibited from
acquiring firearms may purchase a firearm from an
out-of-state source and obtain the firearm if an arrangement
is made with a licensed dealer in the purchaser's state of
residence for the purchaser to obtain the firearm from the
dealer. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR
178.29]
(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.
[ 11-19-2003, 22:09: Message edited by: GonHuntin ]20 November 2003, 08:06
GonHuntinRich
This question, and the misinformation that follows, comes up all the time.....I have a copy of the regs saved and just copy and paste when it comes up.
There is so much misinformation posted when it comes to legal issues......sure would be nice if people made certain they had the facts before they posted wrong info.......
20 November 2003, 08:28
GonHuntinWow Rich.....Apparently you didn't read what I copied and pasted from the BATF website?
I'm not wrong....unless BATF's own website is wrong.........
"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 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..........."
Seems easy enough to understand.....is anyone else confused by this?
20 November 2003, 08:32
contender85I asked my dealer about this and he said I can ship to any FFL anywhere via UPS/FedEx without going through him.....I just need to have a signed current copy of FFL I'm shipping to in hand before I ship. However,federal regulations will only allow handguns to be sent through the Postal Service when they are shipped
"dealer to dealer"Mark
20 November 2003, 09:35
newtootHey, folks, I appreciate all the posts here!! Think I will ck with a large FFL here and also call the BATF. Believe I have seen ads for special gunsmithing service that stated I could ship to them but I'll still ck it out. I didn't mean to get an argument going, I apologize for this. Thanks to ALL!!! Ray
20 November 2003, 11:25
Bobby TomekNewtoot wrote: "Think I will ck with a large FFL here..."
You may be wasting you time. I have had to explain on a number of occasions the prevailing regulations regarding the legal transfer of a firearm. And some of the larger ones are the worst when it comes to knowing the law.
Read the regulations for yourself. You can even find abbreviated versions, including shipping regulations, on gunbroker.com
21 November 2003, 15:17
newtootGreets and Thanks to All
Today, I called the Denver office of the BATF and talked to a Doug Miller. He informed me that I can ship the frame directly to an FFL Dealer. I also can ship the barrels directly to an individual. He said that the barrels were considered "nothing".(unquote) Also, I can't use the US Postal Service for a handgun, could for a rifle or shotgun. Just for Info, also ck your state laws!!! Ray
[ 11-21-2003, 06:19: Message edited by: newtoot ]