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Old October 15, 2012, 04:56 PM   #1
1929officialpolice
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is this legal?

this seemed like the best thread for this question
i have a c&r license. i currently work and have an apartment in south carolina but my main residence is florida. if i order a pistol online i know it will be shipped to my address in florida, my question is can i have that gun then shipped to my address in south carolina and are there any laws against me having a firearm in my apartment in south carolina since it is not my main residence?
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Old October 15, 2012, 05:54 PM   #2
dogtown tom
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Quote:
1929officialpolice this seemed like the best thread for this question
i have a c&r license. i currently work and have an apartment in south carolina but my main residence is florida. if i order a pistol online i know it will be shipped to my address in florida, my question is can i have that gun then shipped to my address in south carolina and are there any laws against me having a firearm in my apartment in south carolina since it is not my main residence?
1. The firearm can only be shipped to the address on your 03FFL.
2. Only YOU.....no one else, can then ship that firearm directly to your address in SC. If anyone else were to ship that firearm, they would need to ship it to a licensed dealer in SC, who would transfer it to you.
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Old October 15, 2012, 06:16 PM   #3
1929officialpolice
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i know it can only be shipped to the address on my ffl 03 my concern was a member of the house hold mailing me my pistol that is a c&r.
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Old October 15, 2012, 07:24 PM   #4
Frank Ettin
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Quote:
Originally Posted by 1929officialpolice
i know it can only be shipped to the address on my ffl 03 my concern was a member of the house hold mailing me my pistol that is a c&r.
That would constitute two federal felonies: (1) someone sending you the pistol directly instead of to an SC FFL for transfer; and (2) a non-FFL shipping a handgun using the United States mail.
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Last edited by Frank Ettin; October 15, 2012 at 07:45 PM.
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Old October 15, 2012, 07:37 PM   #5
1929officialpolice
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so a non ffl holder can not ship a gun ok and the pistol (the pistol is c&4) being shipped to me isnt an issue considering my ffl 03 right? just the person mailing it. so if i got an ffl to mail it to me i should be find i am guessing?
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Old October 15, 2012, 07:45 PM   #6
Frank Ettin
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Originally Posted by 1929officialpolice
...so a non ffl holder can not ship a gun ok and the pistol (the pistol is c&4) being shipped to me isnt an issue considering my ffl 03 right?
Wrong. You have the benefit of your 03FFL only if shipped to the address on your 03FFL. At any other address, you're just a regular guy.
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Old October 15, 2012, 07:56 PM   #7
1929officialpolice
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that was clear, thank you. so basically unless i drove down to get it, i would have to have an ffl 01 ship the pistol and have another ffl 01 recieve it, then i can pick it up. and the other part of the question. am i allowed to have possession of a fire arm in my apartment in south carolina? i am assuming i can because i own the gun legally and it is not illegal here. or am i assuming wrong? i just don't want myself or anybody else to be caught up in something that is not legal
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Old October 15, 2012, 07:59 PM   #8
1929officialpolice
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sorry for so many questions but since i have the c&r can i still buy a firearm from a person here face to face? that was the main reason a got the c&r so i don't miss a firearm i want (1903 colt).
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Old October 15, 2012, 08:02 PM   #9
Frank Ettin
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Originally Posted by 1929officialpolice
...am i allowed to have possession of a fire arm in my apartment in south carolina?...
I have no idea. I don't have a copy of the lease, nor do I know who the landlord is.

Ordinarily possession of a firearm would be legal in one's home. But if if the lease has a "no guns" clause, that clause might be enforceable. Or if the apartment is government or school property, there might be complications.
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Old October 15, 2012, 08:05 PM   #10
1929officialpolice
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there is no such thing in my lease or am i on government/school property. and again, thank you for clearing this up for me. i just made a trip down there but i guess i am going to have to make it again in a week or so. thank you for your time and knowledge
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Old October 15, 2012, 08:08 PM   #11
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Re: Frank's post--it is illegal to ship a hand gun by USPS no matter who you are. It is legal to ship long guns by USPS by an ordinary citizen to an FFL or to a repair place. It is also legal for an ordinary person to ship a long gun "to himself" in another state let's say for hunting purposes. GW
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Old October 15, 2012, 09:38 PM   #12
wayneinFL
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Re: Frank's post--it is illegal to ship a hand gun by USPS no matter who you are.
Licensed dealers can ship handguns by USPS. They have to submit a 1508 form.

http://about.usps.com/forms/ps1508.pdf

See below:

http://about.usps.com/postal-bulleti...l/updt_001.htm

Quote:
12.1.2 Handguns

[Revise 12.1.2 as follows:]

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 affi*davit 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 12.1.1g.

b. Firearms meeting the definition of a handgun under 12.1.1b that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be cu*rios or relics of museum interest may be accepted for mailing without regard to 12.1.3 through 12.1.6.

c. Air guns that do not fall within the definition of firearm under 12.1.1a that are capable of being concealed on a person are mailable; but must include adult signa*ture service under 503.8.0. Mailers must comply with all applicable state and local regulations.

d. Parts of handguns are mailable, except for handgun frames, receivers, or other parts or components reg*ulated 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

[Revise introductory sentence of 12.1.3 as follows:]

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:

* * * * *

[Revise the title and text of 12.1.5 as follows:]

12.1.5 Manufacturers, Dealers, and Importers

Handguns may also be mailed between licensed manufac*turers of firearms, licensed dealers of firearms, and licensed importers of firearms in customary trade ship*ments, or for repairing or replacing parts.

[Revise the title and text of 12.1.6 as follows:]
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Old October 16, 2012, 05:37 AM   #13
Aguila Blanca
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Quote:
Originally Posted by Goatwhiskers
It is also legal for an ordinary person to ship a long gun "to himself" in another state let's say for hunting purposes.
It is also legal for an individual to "ship" a handgun to himself in another state. But that doesn't include shipping by US Mail. And "to himself" means "to himself." The same person must put the firearm in the package at the sending end and deliver the package to the shipper, and then be the person who opens the package on the other end.

Having your brother pack it up and put your name on the return label is not shipping to yourself.
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