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| z1r, go to wally world, buy the cheapest hardcase, seems like around 8.00 last time I got one. I use the sippy wire ties in the locking holes and then duck tape the case in about 4 places and be damn sure to send USPS and not UPS. |
| Posts: 1605 | Location: Wa. State | Registered: 19 November 2001 |
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| I'm assuming that your are shipping to an FFL holder who will receive it for your Dad? You can't legally ship directly to him if he is not an FFL holder. |
| Posts: 13266 | Location: Henly, TX, USA | Registered: 04 April 2001 |
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| I'm assuming that you are shipping to an FFL holder who will receive it for your Dad? You can't legally ship directly to him if he is not an FFL holder. |
| Posts: 13266 | Location: Henly, TX, USA | Registered: 04 April 2001 |
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| Quote:
If it's a gun YOU made for your father, and you're not "selling" the gun ... then does it still require shipment to an FFL?
I asked an FFL holder once if I needed to do a "transfer" if I were to "give" my brother one of my shotguns and he said that it wasn't required in that case. Whether or not it is/was true I really don't know. But then who the heck is gonna know? It would still be your firearm only in your dads hands. |
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| Well, Ben, as an individual you can ship to an FFL holder, but if the recipient is not an FFL holder then it is not legal. At least that's my understanding. While your intention was to ship the gun "to yourself" and not transfer it to your friend, it is the friend that is receiving it, which is considered a "transfer". You may want to check this out before doing the same thing again. |
| Posts: 13266 | Location: Henly, TX, USA | Registered: 04 April 2001 |
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| Ron: Sure, you can give a gun to your brother (or any other person who is not prohibited from possessing a firearm due to being a felon, etc.), but you can't ship it to him (at least not across state lines) without an FFL holder to receive it.
A gift, or even a sale, of a firearm by one non-dealer individual to another requires no transfer paperwork. Shipping by common carrier is another issue. |
| Posts: 13266 | Location: Henly, TX, USA | Registered: 04 April 2001 |
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| Ben
This subject has been kicked around quite a bit on this and other shooting forums. Do some searching if you can, but as I remember it, as an non-licensee you can only ship firearms to an FFL. Did you tell UPS what was in the box?? I have heard that many UPS offices will not accept firearm shipments except between two FFL's. It seems the BATFE has been blackmailing the shippers into changing their policy in order to curb the legal shipment of a firearm between an individual and an FFL. Not all UPS offices have succumbed to the blackmail however. It's worth your time checking this out. Better to spend time doing this than to spend time in Leavenworth. JMHO |
| Posts: 1560 | Location: Arizona Mountains | Registered: 11 October 2004 |
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| Ben
I'm not saying that what you did was illegal. But, from what I have seen on this and other forums it appears that it is. As you have probably found out, like I have, you talk to 10 different public servants and you get 10 different answers. Most of them don't know the law any better than you or I. If someone is arrested and locked up it probably won't be the Postmaster and even though you're innocent it's little consolation when they have your rifle and you're in the slammer. Better safe than sorry. JMHO |
| Posts: 1560 | Location: Arizona Mountains | Registered: 11 October 2004 |
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| Stonecreek, Your statement about selling or giving by a non firearms holder only applies if you are doing it in state and the recipient is a resident of the same state. If he lives in another state, you need an FFL to do the transfer.
From the ATF FAQ's
" When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. �� 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.
Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms). "
Answer to question B9 "A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state."
Some shippers, UPS for one, requires the shipper and reciever to be an FFL, even if sent in state. At least their tariffs state that and some of their employees so know of it and require and some do not. They can require that and have regulations that are in excess of FFL regs, but the reverse is not true.
I always ship USPS registered mail. The insurance is cheaper and more importantly their track record is near perfect. Everyone who touches the package has to sigh off on it after it leaves their hands. The only way to fly(or ship). |
| Posts: 4917 | Location: Wenatchee, WA, USA | Registered: 17 December 2001 |
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| customstocks
This past summer I intended to give my son one of my rifles. He lives in another state and my plan was to ship it to him via UPS. Playing it safe I called the Special Agent, BATF&E in the Phoenix office to make sure I was completely within the law. I was told that I could not ship the rifle myself but had to have an FFL ship to an FFL in my son's State. The next day I happened to be talking to a shooting buddy who told me that what the agent had told me was incorrect. So I called BATF&E back and the conversation went like this:
Me: Hello, I just talked to you yesterday and you told me I had to find an FFL to ship a rifle to my son in another State.
Agent: Yes, that's correct.
Me: So, you're telling me that I cannot ship the rifle myself to an FFL in my sons State?
Agent: Well, technically you can.
Me: What do you mean by technically?
Agent: Well, you can legally do it but you won't be able to find a shipper that will do it. They will require that you use an FFL to both ship and receive.
In a momentary lapse of dishonesty he then proceeded to tell me that BATF&E was trying to curb the shipment of firearms by individuals so they had been contacting carriers and advising them that they (carriers) would be legally and financially liable if a firearm shipped by an individual was used in a crime.
I thanked him and hung up.
What the agent was telling me is that they (BATF&E) were blackmailing the carriers. Plain and simple although the agent never used those words.
I went to my local UPS office (I live in a very small town) and asked them about this. They told me that they had indeed been contacted by BATF&E but that they were not going to give in to the blackmail. They also told me that their head office would probably cave and they expected to be given orders to stop what they were doing. From what you have said, apparantly some shippers are still resisting this blackmail but I'm sure it's only a matter of time before they will all get the word.
Our bureaurocracy at work! |
| Posts: 1560 | Location: Arizona Mountains | Registered: 11 October 2004 |
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| I have just recieved my license about 6 weeks ago and the number 1 listing under things a non-licensee CANNOT do is: Ship/sell a firearm to a non-licensee in another state other than through a licensed dealer in that state. No question about what they mean here. Number 5 of things you CAN do: Ship a firearm in interstate commerce to a licensee. Ther is no law that says you need an FFL to ship, only to recieve. |
| Posts: 231 | Location: Abbotsford, Wis. | Registered: 31 December 2003 |
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| There is also a rule that says you can recieve a repaired/replaced firearm, that you sent in without going through an ffl. I just read it in my handbook the other day, but I don't have it here at home. I was a little surprised about the replaced part because of the differing serial numbers. |
| Posts: 231 | Location: Abbotsford, Wis. | Registered: 31 December 2003 |
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| In Oct this year I shipped my o/u shotgun to Sturm Ruger for repair via the US Post Office. It was only a minor inconvience in that I had to follow the instructions as explained in the Domestic Mail Manual CO24 Other Restricted or Nonmailable Matter. Your Post Office should have this manual at the counter. According to my postmaster I had to show them that the gun was not loaded and could not be fired. Bolt or firing pin removed or in this case the gun disassembled. Also I was instructed not to identify the contents of the package on the outside of the carton and all the seams had to be sealed. I mailed it registered and insured. Ruger acknowledged receipt of the firearm and when the repair was completed they returned it directly to me via UPS. In reading this manual I did learn that there are many items that you cannot mail and that Postmasters are not authorized to give opinions on the legality of any shipments of rifles or shotguns. They suggest you contact the nearest office ot the BATF for futher advise. I am not a FFL and would ship again with the US Post Office. You can read this Manual on the web at http://pe.usps.gov/text/dmm/c024.htm Hope this helps Chief |
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