Shipping firearms across state lines

[Roland Thunder]

Last weekend, a family member from South Carolina was visiting us (we live in GA). Unbeknownst to me, she brought a loaded firearm into my house. She accidently forgot to take it with her when she went home and did not realize she left it here until she got back home in SC. I am trying to figure out a way to get it back to her without someone traveling 5 hours to pick it up. Is it possible for me to use an FFL to have it shipped or do I have to be the owner of the firearm?

Rest assured, there will be a stern reprimand about bringing a loaded firearm into my house without my knowledge.

[Aguila Blanca]

Handgun?

[BarryLee]

Try visiting one of the local gun shops and see what they have to say. I've picked up on-line orders at Hill Top Pawn in Snellville, so they may know all the procedures.

[RETG]

If someone forgot their gun in my house, I would make them return to regain possession. Teach them to know at all times where their dangerous weapon is located.
As for reprimand? Why?

That might make for a great discussion. How many people enter a home (that includes apartment, condo, house) with a handgun and never note that fact to the owner of the house.

[Aguila Blanca]

Originally Posted by RETG

That might make for a great discussion. How many people enter a home (that includes apartment, condo, house) with a handgun and never note that fact to the owner of the house.

Many years ago, after seeing a discussion of one of the states that requires affirmative permission of the homeowner before entering with a firearm, I called a friend I sometimes visit in another state and asked him if he would be upset if I were to enter his house with a gun. His answer:

"I'd be more upset if you didn't, because then if something happened I'd have to take care of you, too."

(His wife also carries, typically a .357 Magnum revolver.)

[Rob228]

I've got a pretty good sense of which of my associates would be bothered if I did carry inside their house (well none of my friends would, but some family would be), so I don't even bring it up and don't carry inside of their house. It's their house, their rules. With the majority of my friends its similar to what Aguila Blanca said; they'd be worried something was wrong if I wasn't carrying.

I've got my daughter (8 years old) staying with me for the summer and we go to dog training classes twice a week. I did have a talk with the trainer and let him know that if my daughter is going to be around dogs that I don't know I am going to be carrying on his property. He had absolutely no issues with that.

As for the given situation, I believe you will have to go through an FFL to ship it and they will have to do all the paperwork as if they are purchasing it on the receiving end. Definitely enough of a hassle for them to drive the lesson home, although I am pretty sure they are feeling mighty embarrassed about it right now.

[Frank Ettin]

To comply with federal law the OP would need to ship the gun to a agreeable FFL in South Carolina. The OP’s friend would need to take possession of the gun from the FFL with all the usual formalities.

I explained why all that folderol is necessary this post

…Letting someone in another State have possession of "your" gun (or leaving your gun with someone when you move to another State) is highly problematic under federal law.

The federal laws relating to the transfer of a gun from a resident of one State to a resident of another (i. e., the Gun Control Act of 1968 or GCA68) are about physical possession, not ownership. GCA68 was Congress' responding to enormous public pressure after the assassinations by gunfire of three wildly popular public figures -- JFK, RFK and MLK. The law was intended to regulate and control the interstate transfer of firearms. It was structured so that to the extent reasonably possible any transfer of possession of a gun from a resident of one State to a resident of another would have to go through an FFL.

And in the context of the concerns intended to be addressed by Congress through GCA68, it's possession and not ownership that matters. Someone who has a gun in his possession can use it, whether or not he has legal title to it.

Letting someone have possession of your gun in that person's State of residence will be considered a transfer. It certainly is under federal law, and would also most likely be also considered a transfer under state laws. That's just what "transfer" means.

1. In general, any transfer of a firearm from a resident of one State to a resident of another must go through an FFL who will follow all usual formalities (e. g., completion of the 4473). There are a few limited, narrow, specific exceptions: if you have an appropriate federal firearms license; inheritance by will or intestate succession; or a loan (subject to a number of limitations which will be discussed in more detail below).
   
   
2. The applicable federal statutes are: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922 (b)(3). The full texts of those statutes may be found here.
   
   
3. The federal laws I've cited are about possession, not necessarily ownership.
   
   
   1. Possession means:

   2. Transfer is about possession, not ownership.
      
      Some definitions of "transfer" (emphasis added):
      
      
      • http://legal-dictionary.thefreedictionary.com/transfer:

      • http://www.thefreedictionary.com/transferred:

      • http://law.yourdictionary.com/transfer:

      
      
   3. Let's look at the statutes:
      
      
      1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:

      2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:

      
      
   4. Note carefully the words of those statutes. Words, like "transport", "receive", "obtained", "transfer", "give", "transport", and "deliver" do not necessarily imply ownership and include possession. They will be read and applied by a court according to their ordinary meanings. See Perrin v. United States, 444 U.S. 37 (United States Supreme Court, 1979), at 42:

   
   
4. So you move from State A and become a resident of State B. You left your guns behind with your buddy, a resident of State A. Those guns are now in his possession. Your taking possession of those guns would now be a transfer from him, a resident of State A, to you, a resident of State B. Since it's a transfer of a gun from a resident of one State to a resident of another, federal law requires that it go through an FFL.
   
   
5. With regard to loans under GCA68, let's look at the applicable statutes again:
   
   
   1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:

   2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:

   3. So under federal law a resident of one State may loan a gun to a resident of another State, but only temporarily and only for a lawful sporting purpose.
      
      
      1. Temporary means:

      2. Sporting means (in this context):

      3. Purpose means (in this context):

      
      
   4. So a court is likely to look at the "temporary loan for a lawful sporting purpose" exception to the prohibition on interstate transfers to apply when a gun is loaned so that the person it's been loaned to can engage in a specific sporting activity (i. e., a hunt, a competition, etc.) of limited duration. "Temporary" would refer to the duration of that activity. Such an interpretation would be consistent with the common meanings of the words used in the statutes and the underlying purpose (controlling interstate transfers of firearms) of GCA68.
      
      
   5. So you may go to another State where (under 18 USC 922(a)(5)), a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But since there is no applicable "loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.
   
   
6. Can't you store your gun with someone in another State?
   
   
   1. Leaving a gun with someone in another State clearly raises interstate transfer problems when that person has access to the gun.
      
      
   2. One possible way to avoid the problem would be to secure the gun or guns in a locked case or similar container to which only you have the key or combination.
      
      
   3. That might avoid the transfer problem inherent in having someone store your guns, ATF has advised here that one may ship a firearm to himself in care of another person in another State.
      
      Specifically ATF has said (emphasis added):

   
   
7. Note that violations of federal law regarding interstate transfers are punishable by up to five years in federal prison and/or a fine; and since the crime is a felony one will lose his gun rights for the rest of his life.