PDA

View Full Version : Firearm Transfers


mniesen89
April 20, 2009, 06:54 AM
Can I legaly transfer a firearm from me(seller) to a buyer in the same state as me without going through an FFL on either end??

Basically,can I stick it in a box and send it via FedEx and be done with it?

Keep in mind I live in Florida.

NavyLT
April 20, 2009, 09:30 AM
Can I legaly transfer a firearm from me(seller) to a buyer in the same state as me without going through an FFL on either end??

Yes.

Basically,can I stick it in a box and send it via FedEx and be done with it?

No, because by company policy FEDEX will not ship it to a non-FFL.

Keep in mind I live in Florida.

Private transfers are legal in Florida with no paperwork required.

Shooter_454
April 20, 2009, 09:49 AM
I'm not sure but someone told me you could ship in state (long guns only) without a ffl i don't remember what co they used it may have been usps again i don't know how true this is

carguychris
April 20, 2009, 10:19 AM
No, because by company policy FEDEX will not ship it to a non-FFL.
Correct. However, if it is a shotgun or rifle, you can ship it via the U.S. Postal Service, and UPS will ship all types of non-NFA firearms between individuals involved in a legal transaction. Go here:

http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html?srch_pos=1&srch_phr=firearms

Quoting from the relevant section:
UPS accepts packages containing firearms, as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code, for transportation from and between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors, as defined in Title 18, Chapter 44 of the United States Code, law enforcement agencies of the United States (or of any department or agency of the United States) and law enforcement agencies of any state or department agency (or political subdivision of any state), and from and between persons not otherwise prohibited from shipping firearms by federal, state or local law and when such shipment complies with all applicable federal, state and local laws applicable to the shipper, recipient and package.
I've underlined the relevant section. You'll probably also want to read the other sections of the UPS policy.

A few other notes:

1) Federal law requires you to notify the shipper that the package contains a firearm, but the shipper cannot require any type of labeling to be placed on the exterior of the package saying so.

2) UPS only accepts firearms at company-operated shipping centers. The UPS shipment centers inside grocery stores, office supply stores, etc. are obviously not company operated. However, neither are the storefront "UPS Store" locations- they're franchises. :confused: There's a UPS-operated shipping center at or near most major airports, but if you live in a rural area, getting there could be a major annoyance. :( If you're selling a rifle or shotgun and you live out in the boonies, the convenience of driving only a few miles to the nearest post office rather than many times that distance to Metro International Airport will probably outweigh the $5-$10 you would save by shipping UPS. :)

3) Unless I knew the buyer personally, I would be really hesitant to sell to someone without seeing their picture ID in person. But that's just me.

carguychris
April 20, 2009, 10:27 AM
...someone told me you could ship in state (long guns only) without a ffl i don't remember what co they used it may have been usps...
Yes, as I said in my earlier post, USPS will ship long guns, i.e. rifles and shotguns. In fact, IIRC their policy says that it's not their responsibility to determine if it's a legal transaction because enforcing the GCA is the ATF's job, not theirs. :)

However, you can forget about legally shipping a handgun via USPS unless you're a dealer. Period. Be aware that most violations of postal regulations are felonies that can carry double-digit jail terms. :eek:

NavyLT
April 20, 2009, 01:52 PM
1) Federal law requires you to notify the shipper that the package contains a firearm, but the shipper cannot require any type of labeling to be placed on the exterior of the package saying so.

That is only true if the shipment is going out of state to a non-FFL. Intrastate shipments and shipments to licensee's do not require, by law, notification.

18 USC 922(e):
(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. 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.