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#1 |
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Join Date: January 23, 2006
Location: Plano, Texas
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How to ship firearms
How to ship firearms
<<Note: FedEx no longer accepts firearms for shipment unless you hold an FFL and are enrolled in their shipping program.>> Federal law allows ANYONE to ship a firearm. (Your state law may differ) What is below is what is allowed by Federal law. (and Texas btw) What is a firearm? Well, its both the complete firearm and the frame or receiver of a disassembled firearm. It's internet myth that a disassembled firearm magically loses its legal status when field stripped. Whoever promotes or repeats the myth that it is "just machine parts" is a complete and total idiot and should never be consulted about firearms again....because that is contrary to Federal law. (not to mention common sense) Who can you ship to? All interstate shipments of firearms must be addressed to a licensed firearms dealer (often called an FFL). The exceptions are: 1. when you ship to yourself at an address in another state and 2. the return of a firearm you sent to a manufacturer to be repaired. Federal law allows you to ship a firearm to a resident of the same state (intrastate) as long as you have no reason to believe that the recipient is a prohibited person. How do I know the recipient is a licensed dealer? There is no requirement for a nonlicensee (mere mortals) to have an actual copy of the receiving dealers FFL. You can verify that the recipient is a dealer through the ATF FFL EZcheck. (When FFL's ship we are required to have a copy of the receiving dealers license before we can ship) Be aware that some dealers refuse to accept shipments from nonlicensees as their personal business policy. Usually this is because they are terrified that the package will arrive with an RPG inside and no information as to who shipped it. Although it is not required by law, it is common courtesy to include a copy of your drivers license (for nonlicensees) or a copy of your FFL (for dealers). Dealers are required to record the identity of the person from they received the firearm from.....and a DL or FFL makes this easy. If you refuse to comply with the request for a DL or FFL.....then don't ship the gun. As evidenced by recent threads, the dealer may refuse to accept the package or delay the transfer to the buyer until he has the documents he requested. Newspaper is for dolts, pros use bubble wrap When you prepare your firearm for shipment, avoid newspaper like the plague. It crushes easily, provides little protective value and if wadded tightly....weighs a ton and weight adds $$$$ to your shipping costs. A good rule of thumb is to package the gun as if it were a prized family heirloom. Put yourself in the shoes of the buyer.....who deserves to get the gun as depicted in the auction/WTS forum, etc I've received guns wrapped in newspaper, vinyl float tubes, foam mattresses, Saran Wrap, plastic WalMart bags, baby diapers, bath towels.....obviously the shipper does not know the physical nature of package delivery or they just flat don't care whether the gun arrives in one piece. If your shipment is damaged, both UPS and FedEx will deny claims if you do not use PROPER packing materials (and newspaper is not one of them). Where do I get cheap packing materials? Try a gun store. They will have loads of excellent USED packing materials: bubble wrap, packing peanuts, kraft paper, air pillows, etc. As far as packaging, the only Federal law you need to be aware of is identifying the contents as a "firearm"...........DON'T! This means you cannot mark "Fragile...EXPENSIVE GUN INSIDE" on the outside of the box. It also means you don't ship that Remington 700 in the factory cardboard box that has a giant REMINGTON in big green letters on the outside. (this is secret code for STEAL ME NOW) Simply slide the factory box inside another cardboard box. UPS and FedEx will not accept boxes with paper wrappers, although the USPS will.......but don't do it. Your label can easily be torn off. Where do I get a cardboard box big enough to ship a rifle/shotgun? Again, try a gun store. I throw out (into my recycle bin) cardboard boxes every day. I always have extras stored in my garage. If you are shipping a $1,000 rifle or shotgun don't go get all frugal and jam that gun in a box you handmade from fifteen free UPS boxes that you taped together with duct tape......consider spending $10-15 on a plastic Plano or Dosko hard case. Consider removing the barrel from shotguns, as a short box is more rigid than a long box and that is better. So, where can I ship my firearm? USPS- will accept rifles and shotguns from ANYONE. Handguns and other firearms like frames, receivers, AR lowers are not mailable unless you are a licensed dealer or manufacturer. Even holders of an 03FFL "Collector of Curios & Relics" cannot mail or receive by mail, a firearm other than a rifle or shotgun. There is no requirement to notify USPS that you are shipping a rifle or shotgun. There are no forms to give them, you do not need to show them the FFL of the receiving dealer. The ONLY persons REQUIRED to notify USPS that they are shipping a firearm are licensed dealers and manufacturers....and then only when shipping a handgun. If you are not a dealer and are asked to sign a Form 1508......don't do it! You would be falsifying a Federal document and the USPS clerk who asked you to do so is an idiot. UPS- Will accept firearms from ANYONE as long as you follow their firearm shipping policies: http://www.ups.com/content/us/en/res...ch_phr=handgun In short, You cannot ship firearms from a UPS Store, or a third party retailer....you have to ship from a UPS Service Center. UPS policy says you must notify them that you are shipping a firearm. Federal law only requires notification if you are shipping interstate to a nonlicensee. Generally that's a Federal crime ***Note: UPS no longer allows the shipping of a firearm intrastate between nonlicensees. UPS allows rifles and shotguns to go "Ground". Handguns must go "Next Day". If you choose to ignore UPS policies expect to get nada on any insurance claim for loss, damage or theft. FedEx- Will accept firearms from ANYONE as long as you follow their firearm shipping policies: http://www.fedex.com/us/service-guide/terms/index.html FedEx has changed their firearms policies three times in the last year. It appears that you can still ship from ANY FedEx Office location. FedEx allows rifles and shotguns to go "Ground". Handguns must go "Priority Overnight". If you choose to ignore FedEx policies expect to get nada on any insurance claim for loss, damage or theft. FedEx requires you notify them when you are shipping a firearm. FedEx no longer allows the shipping of a firearm intrastate between nonlicensees. If you choose to ignore FedEx policies expect to get nada on any insurance claim for loss, damage or theft. It's in a box, what do I do now? Go to USPS.com, UPS.com and Fedex.com and compare rates! You'll need to know the weight, box dimensions and destination zip code to get a price. You can then: Take it to the carrier or post office and pay at the counter OR..............better yet, pay for and print a shipping label from home. This is CHEAPER than doing it at the post office. My recommendations: USPS- ALWAYS go Priority Mail with Insurance for FULL VALUE and Signature Confirmation. "Standard Post" (used to be called Parcel Post) is cheaper but takes MUCH longer to get to the destination........the longer its in transit, the more opportunity to get lost, damaged or stolen. To me it isn't worth the small difference in price. As no notification is EVER required at USPS.....they are the option with the smallest hassle factor. Understand that shipping anything other than a rifle or shotgun via the USPS is a Federal crime. Firearms that are not rifles or shotguns: handguns, PGO shotguns, AR lowers, firearm frames & receivers. UPS/FedEx- For rifles and shotguns I use UPS or FedEx Ground.....its usually cheaper than USPS Priority Mail and they offer true "tracking". Again, get insurance for the full value and signature confirmation. NOTE:USC 478.31 (d) "No common or contract carrier shall knowingly deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm" What does this mean? You pay for Signature Confirmation. Hey! UPS & FedEx want to charge me $70 to ship a handgun! Then don't do it. Find a local dealer who will ship it for you.......via USPS Priority Mail. Handguns that will fit in a USPS medium Flat Rate Box with $1000 worth of insurance and Signature Confirmation ships for less than $30. If the dealer tacks on a reasonable fee (I charge $10) then you pay about half of what you would pay if you did it yourself......and the receiving dealer won't pitch a hissy fit because you forgot to enclose your drivers license.
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE Last edited by dogtown tom; January 8, 2014 at 03:13 PM. |
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#2 |
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Thank you, dogtown tom!
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I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
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#3 |
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Join Date: December 7, 2013
Posts: 52
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Thanks Tom
This is what i found when I visited the UPS site: Special Procedures for Shipping Firearms UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies and (b) where not otherwise prohibited by federal, state or local law (i) from an individual to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual. It looks like I could send it my wintertime FFL from the state of purchase via UPS
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Laws do not prevent crime or lessen evil. They only allow crime to be identified and possibly punished. |
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#4 |
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Join Date: October 20, 2007
Location: Richardson, TX
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Allow me to add a few things, after discussion with Dogtown Tom...
I normally consult the ATF website FAQ for questions about federal law. Why can't I find all of these complex mailing regulations there? The ATF's task is to regulate firearms, alcohol, and tobacco, whereas the mail is overseen by the U.S. Postal Service. Since regulation of the mails is not their mission, the ATF website only contains the most broad and basic information regarding mailing. Detailed postal regulations may be found in USPS Publication 52: http://pe.usps.com/text/pub52/welcome.htm [I recommend navigating through the menus on the left-hand side of the screen to see sections 432 through 435; clicking on "43 Firearms" will only bring up Section 431.] OK Mr. Smarty Britches, you said that a disassembled handgun cannot be mailed by a non-licensee, but I'm certain that it's lawful for me to mail handgun parts. Where is the line drawn? The line is drawn when the frame or receiver is in the package. If so, the package may only be mailed to AND from a licensed firearms manufacturer, dealer, or importer, or certain military and government agencies. This is explained in detail in Pub. 52 parts 431.1.b and 432.2.d (linked above). But my .22 target pistol has a frame AND a receiver. Does this mean that I can't mail either one of them? Not necessarily. Under federal law, the manufacturer is required to designate either the frame OR the receiver with the firearm's full serial number. Of the two, ONLY the part bearing the full serial number is subject to the postal regulations. Other parts may be mailed by a non-licensee, per Pub. 52 part 432.2. I'm still confused. My German-made 9mm pistol has the full serial number on the frame AND slide. Which one is subject to postal regulations? The slide of a typical* semi-automatic pistol is not the same as a receiver. A receiver contains a movable bolt or breechblock, whereas a slide generally* IS ITSELF a movable breechblock. This is addressed in Pub. 52 part 431.1.b . In this case, only the frame is subject to the postal regulations, and the serial number on the slide is superfluous; hence, the slide may be mailed by a non-licensee, provided that the frame is NOT in the package. [*Footnote: Certain delayed-blowback pistols have a separate breechblock inside the slide; examples include the Remington Model 51 and R51, and the Benelli B76, B77, and B80. In such cases, the slide may be considered a receiver under the postal regulations. Also, some older military pistols have serial-numbered frames, and use a separate breechblock inside a barreled receiver that may bear the serial number as well; examples include the Luger Parabellum and the Lahti. In such cases, it is safest to assume that both the frame AND receiver must be mailed by a federal firearms licensee. When in doubt, play it safe] What about serial numbers on other handgun parts, such as barrels, magazines, safety levers, or revolver cylinders? These numbers are also superfluous, and these parts may also be mailed by a non-licensee, provided that the frame or receiver is NOT in the package. (Of course, the local and state laws of the destination should be checked to ensure that the item is legal to possess, and that the sender isn't committing a crime by transferring the item to a person there.) My local Post Office has a big "No Ammo or Fireworks" sign on the wall. Since my local gun dealer has handgun-mailing privileges, can he mail ammunition for me too? NO. Mailing ammunition is strictly prohibited in the USA; unlike mailing handguns, there is no ammunition exception for federal firearms licensees. Furthermore, this prohibition encompasses powder and live small-arms primers along with loaded cartridges. These items may only be shipped via a common carrier such as FedEx or UPS. (Shipping these items is beyond the scope of this discussion; consult the shipping company's policies.) What about shipments of firearms and firearm parts to and from countries besides the USA? This topic is well beyond the scope of this thread. Special import or export licenses may be required, in both the originating and destination countries. It is recommended that the regulations of both countries be examined in detail before such a transaction is initiated. If possible, a licensed importer should be consulted. Finally, do NOT assume that shipments of seemingly innocuous minor firearms parts and accessories (such as a front sight, component trigger guard, or a wooden buttstock from an old shotgun) will be regarded as harmless or overlooked out of courtesy; international trade laws and the laws of other countries are NOT always intuitive, reasonable, or logical. [Mandatory disclaimer: I am not an attorney, nor do I play one on TV. ![]() Last edited by Spats McGee; November 10, 2014 at 02:36 PM. Reason: Additional information & clarification received from carguychris |
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#5 |
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Join Date: November 23, 2005
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carguychris,
That was excellent and very helpful. Thank you.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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#6 |
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Join Date: July 28, 2010
Location: Arkansas
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Well done, carguychris. Thank you.
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I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
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#7 | ||
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Join Date: January 27, 2014
Posts: 2
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Hello,
I know this is my 1st post but there was discussion of this on a regional board I frequent (Northeastshooters) and I wanted to bring your attention to this because while it is legal to ship to yourself federally, UPS and Fed-Ex have changed their policies to make it such that you cannot ship any firearm to yourself. Supposedly this change was made in mid 2012. The OP does not reflect this change. Here is the new text from UPS: Quote:
Here is the text from Fedex: Quote:
Frankly, it reads like an ATF agent coaxed them into changing the policy. Also, my reading of this does indicate that someone with an 03FFL (C&R) can ship to themselves because technically they are "licensed." |
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#8 |
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Join Date: May 27, 2011
Location: Ohio-Kentucky - florida
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The ups says a licensed dealer can ship to an individual. Does this mean I could have a ffl ship directly to me in another state? Providing its lea gal to own in that state?
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#9 | |
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,207
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Quote:
That provision is the CARRIERS policy. All interstate firearm shipments must be received by a licensee with only a couple of narrow exceptions: 1. Shipping a firearm to yourself. 2. The return of a firearm sent to a licensee for repair. Federal law allows the direct return of a repaired or replacement firearm to the nonlicensee who sent it for repair. UPS & FedEx policies permit the dealer or manufacturer to do that within the requirements of Federal law.
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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#10 |
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Join Date: May 27, 2011
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Dogtown, what I meant by individual is shipping to myself. Such as flying to another state & not wanting to check in baggage
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#11 | |||
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Join Date: January 23, 2006
Location: Plano, Texas
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Quote:
![]() Instead of quoting every line of UPS or FedEx tariff, I included a link to each carriers shipping tariff so folks can read the most current policy for themselves. What you copied and pasted will likely change by next June. Quote:
Quote:
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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#12 | ||
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Join Date: January 27, 2014
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Quote:
![]() Quote:
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#13 | |
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
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Quote:
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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#14 |
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Join Date: May 18, 2013
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Scenario for you based on what will be a sad scenario.
I am currently residing in Florida. My father is up there in years (84) and in poor health, living in my home State of California He has a close to 30 handguns that will be part of my inheritance. Many are items purchased back in the 50's up till 90's I'd say They are technically mine, can I ship them to Florida? Do I check an entire suitcase with 30 firearms? I can see it now..Does this contain any firearms? Well yes, can I have 30 declaration forms please? TSA would faint. |
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#15 | |
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Join Date: November 23, 2005
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Quote:
If your father writes a will, specifically names you as inheriting those handguns, and then upon your father's death the will is submitted to probate as required under California law, you would then, and only then, be able to gather up the guns and take them with you.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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#16 | |
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Join Date: November 23, 2005
Location: California - San Francisco
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Quote:
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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#17 | |
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Join Date: October 20, 2007
Location: Richardson, TX
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Quote:
Given that UPS and FedEx require handgun shipments to go via Next Day Air, packing all of them in a big locking case and checking it through the airport actually MIGHT be cheaper and more convenient, assuming you are somehow able to lawfully take possession in CA. (Transporting firearms on commercial airlines is also beyond the scope of this thread; however, firearms are treated differently than other checked baggage, and transporting firearms by air may be less hassle than you think.) Last edited by Spats McGee; November 10, 2014 at 02:38 PM. Reason: Additional information and clarification rec'd from carguychris |
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#18 |
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Join Date: November 23, 2009
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Once the probate is completed, if you don't want to have an FFL send your Dad's handguns to an FFL in your state, and then transfer to you there, just go to Florida, box them up, put in the trunk of your car, and drive home.
Get a little vacation, see the country, and get your guns. What a deal. |
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#19 | |
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Join Date: November 23, 2005
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Quote:
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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#20 |
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Join Date: November 28, 2010
Location: Washington state
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Regarding the shipment of antique pistols (made prior to 1899), it has long been the practice of antique collectors to ship from anyone to anyone by priority mail without needing an FFL or C&R. Recently, I saw discussion on another forum in which people were saying that postal regulations have changed, and the use of US mail to ship an antique pistol was now limited to licensees under limited conditions. I looked at the USPS website, especially the links below, and I don't see anything that specifically allows priority mail for antique pistols. The language is confusing, and could be interpreted as prohibiting mailing of any concealable firearm, no mater how old, without a license. Does anyone know the current status of this?
http://pe.usps.com/text/pub52/pub52c4_008.htm http://pe.usps.com/text/pub52/pub52c4_009.htm Last edited by cjwils; April 12, 2014 at 09:18 AM. |
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#21 | |
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Join Date: August 8, 2012
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Quote:
I leave my WhizBang Brand Super Longshot Model Boomstick Serial# 5149923 to my son, John Smith Or I leave all my firearms to John Smith Or I leave all my property, real and personal, to John. |
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#22 | ||
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Join Date: November 23, 2005
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Quote:
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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#23 |
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Join Date: October 20, 2007
Location: Richardson, TX
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Postal regulations update...
Since I wrote my earlier posts, the structure of the U.S. Postal Regulations has changed.
The regulations regarding mailing firearms have been removed from Section 601 of the Domestic Mail Manual and consolidated in Publication 52, "Hazardous, Restricted, and Perishable Mail", sections 431 thru 435. My earlier post has been edited accordingly. Last edited by Spats McGee; November 10, 2014 at 02:39 PM. Reason: Additional information & clarification rec'd from carguychris |
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#24 |
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Join Date: August 7, 2008
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Common Carrier Notification
Not sure if this was covered in a previous post and forgive me if beating a dead horse but I saw reference to notification to the common carrier that the shipment contains a firearm in these posts a little unclear:
"UPS policy says you must notify them that you are shipping a firearm. Federal law only requires notification if you are shipping interstate to a non licensee." Confusing where the second sentence came from as I can't seem to find it in the UPS Tarriff or guidelines and the only reference they appear to have concerning notification of contents is: "When you are shipping a package that contains a handgun, you must verbally notify the UPS driver or UPS Customer Center clerk." FedEx is pretty straightforward as quoted in the original post: "FedEx requires you notify them when you are shipping a firearm." This about USPS: "There is no requirement to notify USPS that you are shipping a rifle or shotgun." That might be a statement for the lawyers as some definitions of "common carrier" fit the post office, though the reference to notification by the BATF is under the section referring to carriers such as FedEx and UPS and not the seperate USPS guidelines, which would indicate to me they have no requirement to notify the post office. In a courtroom, who knows... Here's my point: It's not just a good idea to notify the common carrier (for our discussion and BATF guidelines as FedEx and UPS) the shipment contains a firearm, it's federal law referring to all firearms and I believe these company policies reflect the federal requirement for common carrier notification: "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]" Last edited by fastfr8r; November 7, 2014 at 11:03 AM. Reason: Title |
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#25 | ||
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Join Date: October 20, 2007
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Quote:
From 27 CFR 478.31 with my emphasis in boldface: Quote:
Last edited by carguychris; November 7, 2014 at 01:38 PM. Reason: reword |
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