Shipping firearms via USPS

Joshua Smith · March 2, 2011, 04:53 PM

I am currently in the process of closing a deal on a shotgun. Both myself and the buyer are in Texas. I've done a bit of research to ensure the legality of using the USPS for shipping a shotgun and I found the following on the USPS website:

Quote:

432.1 General

D. Unloaded rifles and shotguns may be mailed if the mailer fully complies with the Gun Control Act of 1968 (Public Law 90—618) and
18 U.S.C. 921.

What does this mean, exactly? What do I need to do be "in compliance" with the GCA of 1968? Do I need to disassemble the shotgun before mailing ... ?

Thanks for the help, gents.

carguychris · March 2, 2011, 05:24 PM

If you are selling the gun to a buyer who has resided in the same state as you for at least 90 days, and he/she is not a prohibited person, you are in compliance with the 68 GCA. You do not need to disassemble anything.

A prohibited person is, in short, a person who would have to answer "YES" to questions 11.b. through 11.k. on the ATF Form 4473 that you fill out when buying a gun from an FFL dealer. In addition, Chapter 46 of the TX Penal Code prohibits the transfer of a firearm to someone who (a) has been released from custody or community supervision for a felony or Class "A" misdemeanor during the preceding 5 years, (b) is under the age of 18, or (c) is intoxicated.

Federal law prohibits anyone, including USPS employees, from requiring you to label the exterior of a package to indicate that it contains a firearm.

FWIW you CANNOT ship ammunition via USPS. It has to go by common carrier (UPS or FedEx) and must be labeled with an appropriate ORM-D sticker.

Speaking of common carriers, I would ship it UPS Ground, it's probably cheaper.

OTOH if you don't live anywhere near a UPS company hub, I could understand shipping via USPS for convenience' sake.

[EDIT] Corrected age requirements, under-18 restriction comes from TX state law for private transfers as opposed to FFL transfers. Also added 90-day restriction.

Don P · March 3, 2011, 09:08 AM

The ATF states it is OK to ship using the USPS for instate transfers. The Postal Service recommends it be sent registered mail and no markings that would indicate the contents.
This is from the ATF's Federal Firearms Regulations Reference Guide which among other publications is available from the ATf's web site for "FREE" which you can find here at www.atf.gov

natman · March 3, 2011, 01:42 PM

Here are the relevant section from ATF's Firearms FAQ:

http://www.atf.gov/firearms/faq/unli...ensed-transfer

Quote:

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Rifleman1776 · March 3, 2011, 02:04 PM

USPS laws don't mean much if you encounter the wrong bureaucrat at the post office. Arguing will only make them more stubborn. Doesn't matter if you are right they can give you a hard time. Those I have encountered insist the box be labeled on the outside that there is a firearm inside. I had my problem when trying to ship a Ruger Old Army, exempted cap and ball revolver. Gave up and sent UPS.

langenc · March 3, 2011, 08:42 PM

The last postmaster we had insisted that NO guns could be mailed.

He left after he told a customer to get the f out of the place. I dont know what generated the discussion that made him angry.

Joshua Smith · March 4, 2011, 06:02 PM

Thanks for the help, gents!

chasep255 · March 4, 2011, 06:45 PM

It means that you need to ship the gun to an FFL dealer. You can't just ship it to the person who bought it. You may only ship guns to licensed dealers. Also I prefer UPS for larger packages.

Don H · March 4, 2011, 06:58 PM

Quote:

Originally Posted by chasep255

It means that you need to ship the gun to an FFL dealer. You can't just ship it to the person who bought it. You may only ship guns to licensed dealers. Also I prefer UPS for larger packages.

Which posts(s) are you replying to?

natman · March 5, 2011, 04:43 AM

Quote:

It means that you need to ship the gun to an FFL dealer. You can't just ship it to the person who bought it. You may only ship guns to licensed dealers. Also I prefer UPS for larger packages.

From the ATF FAQ:

http://www.atf.gov/firearms/faq/unli...ensed-transfer

Quote:

Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

March 2, 2011, 05:24 PM	#2
carguychris Senior Member Join Date: October 20, 2007 Location: Richardson, TX Posts: 7,523	If you are selling the gun to a buyer who has resided in the same state as you for at least 90 days, and he/she is not a prohibited person, you are in compliance with the 68 GCA. You do not need to disassemble anything. A prohibited person is, in short, a person who would have to answer "YES" to questions 11.b. through 11.k. on the ATF Form 4473 that you fill out when buying a gun from an FFL dealer. In addition, Chapter 46 of the TX Penal Code prohibits the transfer of a firearm to someone who (a) has been released from custody or community supervision for a felony or Class "A" misdemeanor during the preceding 5 years, (b) is under the age of 18, or (c) is intoxicated. Federal law prohibits anyone, including USPS employees, from requiring you to label the exterior of a package to indicate that it contains a firearm. FWIW you CANNOT ship ammunition via USPS. It has to go by common carrier (UPS or FedEx) and must be labeled with an appropriate ORM-D sticker. Speaking of common carriers, I would ship it UPS Ground, it's probably cheaper. OTOH if you don't live anywhere near a UPS company hub, I could understand shipping via USPS for convenience' sake. [EDIT] Corrected age requirements, under-18 restriction comes from TX state law for private transfers as opposed to FFL transfers. Also added 90-day restriction. __________________ "Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak Last edited by carguychris; March 2, 2011 at 05:31 PM.

March 3, 2011, 09:08 AM	#3
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	The ATF states it is OK to ship using the USPS for instate transfers. The Postal Service recommends it be sent registered mail and no markings that would indicate the contents. This is from the ATF's Federal Firearms Regulations Reference Guide which among other publications is available from the ATf's web site for "FREE" which you can find here at www.atf.gov __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

March 4, 2011, 06:02 PM	#7
Joshua Smith Junior Member Join Date: February 27, 2006 Location: Texas, USA Posts: 7	Thanks for the help, gents! __________________ *"Instaurare Omnia in Christo"* - Pope St. Pius X

March 3, 2011, 02:04 PM	#5
Rifleman1776 Senior Member Join Date: April 25, 2010 Location: Arkansas Posts: 3,309	USPS laws don't mean much if you encounter the wrong bureaucrat at the post office. Arguing will only make them more stubborn. Doesn't matter if you are right they can give you a hard time. Those I have encountered insist the box be labeled on the outside that there is a firearm inside. I had my problem when trying to ship a Ruger Old Army, exempted cap and ball revolver. Gave up and sent UPS.

March 3, 2011, 08:42 PM	#6
langenc Senior Member Join Date: August 19, 2007 Location: Montmorency Co, MI Posts: 1,551	The last postmaster we had insisted that NO guns could be mailed. He left after he told a customer to get the f out of the place. I dont know what generated the discussion that made him angry.

March 4, 2011, 06:45 PM	#8
chasep255 Senior Member Join Date: December 21, 2009 Location: NJ Posts: 727	It means that you need to ship the gun to an FFL dealer. You can't just ship it to the person who bought it. You may only ship guns to licensed dealers. Also I prefer UPS for larger packages.