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Old July 3, 2011, 04:26 PM   #26
dogtown tom
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Quote:
Vartarg Fedex WILL ship a handgun to a non-licensee, if it's being shipped by an FFL holder. I got my Springfield 1911 back from the factory last week...delivered by Fedex.
No they won't........you're leaving out quite a bit of the exceptions allowed under Federal law and FedEx policy:

http://fedex.com/us/service-guide/te...und/index.html
Quote:
Firearms
A. FedEx Express will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:

1. Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or

2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

B. If your shipment contains firearms, select the Direct Signature Required or Adult Signature Required Delivery Signature Option, depending on the requirements of your shipment. See the Delivery Signature Options section for details. Firearms shipments are not eligible for signature release or indirect delivery.

C.Firearms must be shipped via FedEx Priority Overnight service. FedEx Express cannot ship or deliver firearms C.O.D. Firearms shipments cannot be placed in a FedEx Express Drop Box.

D. Upon presenting the package for shipment, the person tendering the shipment to FedEx Express is required to notify FedEx Express that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm.

E. The shipper and recipient must be of legal age as identified by applicable law.

F. The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.

G. FedEx Express will transport ammunition when packed and labeled in compliance with local, state and federal law, and the Dangerous Goods section of this Service Guide. Ammunition is an explosive and must be shipped separately as dangerous goods. You agree not to ship loaded firearms or firearms with ammunition in the same package.
Just because it was delivered by FedEx, UPS or USPS doesn't mean the firearm was shipped in compliance with their regulations or policies. I've received handguns in a Priority Mail box from a seller who was not a dealer or manufacturer (thats a felony), I've received ammunition in a USPS flate rate box (also a felony) and several times ammunition shipped along with the firearm (more felonies). I've lost count of how many handguns arrive FedEx Ground or UPS Ground

In the OP's case, FedEx clearly does not allow delivery to a nonlicensee. The exception that allowed a manufacturer to return your firearm via FedEx does not apply to the OP's situation.
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Old July 3, 2011, 06:49 PM   #27
RETG
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I do believe FL will recognize a FLORIDA non-resident permit...
From their site...
'No. Florida, like Michigan and New Hampshire, has a residency requirement in its reciprocity law. Florida does not recognize non-resident concealed carry permits from other states.'

Note the word OTHER.

http://licgweb.doacs.state.fl.us/new...led_carry.html
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Old July 4, 2011, 10:50 AM   #28
blume357
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It would be silly for Florida to sell Non resident permits that don't work in Florida... what Florida does not recognize is non-resident permits from OTHER states...

now to throw what I believe is a perfectly legal option for you. As far as I can tell per the BAFTE, while you are living at your condo in Florida you are a legal resident of that state as far as firearm ownership and purchases are concerned. Of course you will not be able to purchase a handgun from a Florida FFL because you will not have the proper ID / paperwork... but I believe you can legally purchase one from a private individual who is also a resident of Florida while you legally are there.

Now to clarify, I am not promoting you break any law, state or federal. This is how I read the federal laws.. that if you have a home in a state then you are a resident of that state while you are living there.
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Old July 5, 2011, 10:10 AM   #29
Eagle Eye
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CWSTAG_13

As I read the info that you referenced and the FL CCW info on their website, if you have a Fl NR CCP, then you are good to go. But I know even less than most of the legal experts here. I would talk to someone at the FL AG office and get specifically clear. If they are as informative as the AG reps in my own state, you will get scoop you can really believe. I know some of the experts on TFL forum will tell you to get it in writing, as they may be skeptical, but I have a hunch that you have covered your bases. I doubt you will get anything in writing from the AG office in less than 30 days, but you might at least get a name and number to have that warm, fuzzy feeling. My ignorant and uneducated guess is that any reasonable LEO will feel that you acted with diligence.

I am no lawyer, but then neither are most of the experts you will hear from on TFL. You will need to do your own homework, and I think you are close to being finished.
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Old July 7, 2011, 07:20 AM   #30
blume357
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Otay, I'm going to declare myself an 'expert' in regards to this.

You can legally conceal carry in Florida with a nonresident permit issued by Florida.

You can not legally conceal carry in Florida with a nonresident permit issued by any other state.

Florida does recognize other state's permits issued to residents of the same state... you can find a list of these here:


http://licgweb.doacs.state.fl.us/new...led_carry.html
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Old July 9, 2011, 01:46 AM   #31
ClydeFrog
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My $0.02 worth of legal advice...

Because that's all it may be worth, lol, ....

I don't have a JD but to my legal understanding, you can express mail handguns to gunsmiths or to the firearm factory for repairs/service under the Gun Control Act of 1968.
FWIW; I sent a Beretta 96D(unloaded) & 3 11rd Beretta pistol magazines to Robar Guns; www.RobarGuns.com in AZ using a FedEx Office store(AKA Kinko's). The shipment clerks-staff never asked me Jack #%+* and didn't even open the plastic case.
Robar expressed mailed me the custom 96D .40 pistol & related items(including the gun case) directly to my home address w/o incident.
If you plan to travel to the sunshine state, I'd review www.Myfloridalegal.com or maybe www.Mylicensesite.com . Mylicensesite.com is a direct link to the Florida Div of Licensing.
If it were me, I'd tote the firearm with me and leave it(secured) in sunny Florida. There have been a few scandals & arrests with Florida airport TSA staff/airline baggage crews but it still seems more prudent than express mail.

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Old July 9, 2011, 01:56 AM   #32
Frank Ettin
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Quote:
Originally Posted by ClydeFrog
....to my legal understanding, you can express mail handguns to gunsmiths...
No, a non-FFL may not send a handgun by any form of United States Mail. It must be shipped by common carrier -- FedEx or UPS.

Quote:
Originally Posted by ClydeFrog
...I sent a Beretta 96D... Robar Guns; www.RobarGuns.com in AZ using a FedEx Office store(AKA Kinko's)....
I have also sent guns at FedEx-Kinko locations. I believe they are considered FedEx facilities and are staffed by FedEx employees. In each case, in accordance with the requirements of the Fedex tariff, I declared that the package was an unloaded handgun. Non-compliance with the tariff, which is effectively the contract of carriage, could result in any claim being denied if the item shipped is lost or damaged.

I prefer to use the FedEx service center. For me it's just as convenient as a Fedex-Kinko store, and usually less crowded.
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Old July 9, 2011, 03:26 AM   #33
ClydeFrog
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Side-bar, your Honor!....

You're correct in a way, I meant "express mail" NOT regular or USPS type mail.

To split even more hairs, the more common term is ATF, www.ATF.gov , not BATFE as some use it. I know the federal LE agency isn't a big fav with many gunners or the US public but the agency uses the name; ATF on the US DoJ(Dept of Justice) website.

Have a great weekend!
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Old July 9, 2011, 09:14 AM   #34
Frank Ettin
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Quote:
Originally Posted by ClydeFrog
..."express mail" NOT regular or USPS type mail...
Express mail is a service of the United States Postal Service (USPS). It is the USPS overnight service -- a step up from priority mail. It is USPS type mail, and a non-FFL may not ship a handgun using that service.
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