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Old November 7, 2014, 04:52 PM   #28
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Join Date: August 7, 2008
Posts: 5
Even more...

When you read Part 478 of the CFR it does say exactly what you have pointed out and my confusion comes when you read the BATF website interpretation of that same statute:

Q: May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

Do you suppose their interpretation is (dare I even think it?) in conflict with the written statute? The CFR mentions written notification only in reference to "any person other than a licensed importer, etc."; what person would they be referring to? And again, we are confirming a requirement for notification, in this case written. The BATF FAQ on their website are pretty clear about notifying the carrier; as for whether the statute supports that requirement verbatim may be still another one for the lawyers. My head hurts...
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