Shipping gun to a family member


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Babarsac
February 26, 2008, 08:49 AM
Quick legality question. I have an old shotgun which belonged to my grandfather that I've been working on and my father wants to hold on to it. He doesn't have any type of FFL so would I need to through a dealer in my old home town?

FYI this would be from FL to VA

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Eric F
February 26, 2008, 09:14 AM
I just asked mt FFL buddy at work ..........if you ship it it needs to go through a ffl if you drive it then your legal. according to him any way.

FuzzyBunny
February 26, 2008, 09:39 AM
Don't know if it is true or not but......

I heard you can ship it to yourself at another address "in care of" someone elses name. They can then hold the package until you pick it up.

Never did it but I was told it complys with the law. Please confirm this before you do it.

FuzzyBunny

nobius
February 26, 2008, 10:02 AM
I heard you can ship it to yourself at another address "in care of" someone elses name. They can then hold the package until you pick it up.


Do not do this.

Guys and gals, I know that we like to poke fun at the BATFmen(see there, I did it again). But in all seriousness, they are not idiots. Neither are postmasters. This sort of "grey area" skirting can lead to serious problems.

Either do an FFL --> FFL transfer or hand deliver. No gray area, no problems.

wdlsguy
February 26, 2008, 07:19 PM
A nonlicensee (e.g., Babarsac) may not transfer a firearm to a non-licensed resident of another State (e.g., Babarsac's father). A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee (e.g., Babarsac's father's FFL) 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.

http://www.atf.gov/firearms/faq/faq2.htm#b7

Gator
February 26, 2008, 07:29 PM
Read what wdlsguy posted.

Barabarsac can send it himself to an FFL in VA, or he can have an FFL in FL send it to an FFL in VA, these are the only two ways to legally do it.

garymc
February 26, 2008, 07:35 PM
Don't you ever go home for a holiday? It never ceases to amaze me that people want to make legal technicality questions of family matters. I'm sorry to sound like I'm being excessively rude to you. If you want to debate these kinds of questions let's start with how the gun was transferred from Grandpa to you or your Dad and then to you and what states are involved. Who cares? Perhaps some of your family members will file a federal complaint and offer to testify and the BATF can round up the whole nest of lawbreakers and have them all making deals for leniency.

Gator
February 26, 2008, 07:46 PM
Gary, he asked in a public forum. No one should be giving advice on how to skirt the law, especially on a public forum.

JerryM
February 26, 2008, 08:00 PM
The only legal ways for an individual to transfer a gun to a resident of another state are,
1. Send it to a FFL in the state of the person to whom it is to be transferred.
2. Hand carry it yourself to that state, and take it to a FFL to do the transfer.

Kinfolks or not the legal procedure is the same.

Best,
Jerry

garymc
February 26, 2008, 08:02 PM
If personally returning a gun to its owner is illegal, then I stand corrected. Yes, I was miffed, but I suggested in the first sentence taking the gun in person the next time he's going home to visit his folks. The rest is dry wit and does not in any way that I can read it constitute advice on skirting a law.

On a related topic, I very narrowly averted misinterpreting your "embiggens" quote.

Desertscout
February 26, 2008, 08:14 PM
What JerryM says is absolutely correct. If your "hometown" is still in the state that you live in now, you can just ship it directly to your Dad. If not, you MUST go through an FFL to keep from committing a Federal felony.

Shipping a gun to yourself is not a "grey" area. It is perfectly legal IF you pick it up yourself, like for hunting trips or training schools or something like that. If you ship it to yourself in another state and someone else takes possession of it, you are committing a Federal felony

NavyLCDR
February 27, 2008, 07:24 PM
To be legal, it does have to be sent to an FFL in VA. You can send it yourself, there does not have to be an FFL on the sending end. Your dad needs to talk to pawn shops, gun shops, sporting good stores, military surplus, etc, find someone who will do the transfer cheapest and then let you know where to mail it to. Since it is a long gun, you can send it via US Post Office, so that is good, at least.

wdlsguy
February 27, 2008, 07:41 PM
Your dad needs to talk to pawn shops, gun shops, sporting good stores, military surplus, etc, find someone who will do the transfer cheapest and then let you know where to mail it to.
You also might want to enter your dad's ZIP code into gunbroker.com's Find a Transfer Dealer (http://www.gunbroker.com/User/DealerNetwork.asp) page.

jackmead
February 29, 2008, 07:10 PM
Use the KISS method. The next time your father comes over give it to him.

Car Knocker
February 29, 2008, 08:28 PM
Use the KISS method. The next time your father comes over give it to him.
Since the OP asked about legalities, it would seem that he is interested in not breaking federal laws. This particular transfer across state lines, without using an FFL, would be in violation of federal law.

JerryM
February 29, 2008, 08:45 PM
I am surprised that so many would rather break the law than to spend $100 on shipping and transferring legally.

If by some small chance it were discovered one would pay serious fines, and maybe go to jail. He might never be able to own a gun again. Is saving the money or avoiding the paperwork worth that? Not to me.

That is penny wise and pound foolish.

Best
Jerry

garymc
February 29, 2008, 08:47 PM
The information in the original post is vague. People are assuming that the gun is owned by the poster. He only said he's working on it, which sounds as though he's working on someone else's gun like that's his reason for having it in his possession. Reading his post it looks like his Dad has say-so or ownership of the gun. Or maybe Dad is merely giving instruction to Grandson. It could be inferred that Grandpa passed away and left the gun to somebody. Did Grandpa leave it to Dad? Was Grandpa in Florida or Virginia? Some other state? Shipping the gun, any way you look at it is going to be costly and a hassle. I still say if Dad owns the gun, giving it to him during a personal visit in either state is not illegal.

igpoobah
March 1, 2008, 12:17 AM
You are allowed to loan a firearm to a resident of another state for an indefinate amount of time without doing a transfer.....

So long as it still belongs to you...

JerryM
March 1, 2008, 06:13 PM
I do not think you can loan it to him in another state, and he go back or remain in the other state. I am sure that would be considered a transfer by the ATF, but if one wants to try then be prepared for what consequences accrue.

I do not intend to try to figure out "Who struck John."
The legal way to transfer a firearm to someone in another state is as I previously posted.
It is not difficult to understand, and the cost is less than a hundred rounds of premium ammunition. Man, that is not worth much trouble.

Best,
Jerry

gym
March 2, 2008, 01:25 AM
This goes back to generel legal advice. Please don't take what you read on the net as Gospal. I bought a new gun in 1975, along with a box of bullets, from the same gun store in Long Island. A few years later the ammo, was banned. There was no notification, thousands of guys and gals were walking around with it and the good thing for me was a had a reciept, "I keep stuff, drives my wife nuts", It caused a 18 month legal battle, and a few grand, to have the charges dismissed. i am sure people still have that ammo and still don't know. And they were still selling it in the same store. So take everything with a grain of salt. The only reason was that a police officer asked to see my weapon and license,and thought the ammo looked odd, because I had the ammo staggered, in the clip. If it was all the same type, he and I still wouldn't know. No one is going to pay your tab if you do something that you were told on a forum, and it was bad info.

igpoobah
March 2, 2008, 02:01 AM
From: http://www.atf.treas.gov/firearms/faq/faq2.htm#b1

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.

Define temporary use....?

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