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Old April 1, 2013, 04:37 PM   #22
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Quote:
Originally Posted by jag2
Isn't USPS considered mail? Sure looks like the same guy to me. I think the majority of my C&R pistol have come via USPS.
Perhaps the sender isn't familiar with U.S. Postal regulations, namely the Domestic Mail Manual. Some FFLs may not be familiar with the regulations because they are outside the purview of the BATFE and therefore off the proverbial radar.

The relevant regs are here:

http://pe.usps.gov/text/dmm300/601.htm#12_0

The relevant sections:

Quote:
Originally Posted by dmm
12.1.2 Handguns
Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in 12.1.3 and 12.1.5 after the filing of an affidavit or statement required by 12.1.4 and 12.1.6, and are subject to the following:

a. Firearms meeting the definition of a handgun under 12.1.1b, and the definition of curios or relics under 27 CFR 478.11 may be mailed between curio and relic collectors only when those firearms also meet the definition of an antique firearm under 12.1.1h.
b. Firearms meeting the definition of a handgun under 12.1.1b which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest may be accepted for mailing without regard to 12.1.3 through 12.1.6.
c. <Omitted - concerns airguns>
d. Parts of handguns are mailable, except for handgun frames, receivers or other parts or components regulated under Chapter 44, Title 18, U.S.C.
e. Mailers are also subject to applicable restrictions by governments of a state, territory, or district.
12.1.3 Authorized Persons
Subject to 12.1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, a licensed importer of firearms, or an authorized agent of the federal government or the government of a state, territory, or district, only when addressed to a person in one of the following categories for use in the person's official duties: <list of officials omitted>
<12.1.4 omitted>
12.1.5 Manufacturers, Dealers, and Importers
Handguns may also be mailed between licensed manufacturers of firearms, licensed dealers of firearms, and licensed importers of firearms in customary trade shipments, or for repairing or replacing parts.
<emphasis mine>

Note that Sections 12.1.3 and 12.1.5 conspicuously do not include licensed collectors, i.e. C&R licensees. IOW most C&R firearms may not be mailed to or from a licensed collector unless they are (a) antiques or (b) "certified by the curator of a... museum which exhibits firearms to be curios or relics of museum interest". The latter category does not generally include firearms that became C&R-eligible by default, due to their age, military provenance, and/or inclusion within a "catch-all" category in the BATFE C&R book.

FWIW the DMM defines an "antique" using a definition similar to other firearms laws, i.e. guns made before 1/1/1899, black powder muzzleloaders, and certain replicas. The phrase "firearms capable of being concealed on the person" is defined to include NFA SBRs and SBSs.
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Last edited by carguychris; April 1, 2013 at 04:43 PM. Reason: info added...
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