August 11, 2008, 03:21 PM
An interesting discussion on the P38 Forum is taking place at the moment regarding the legal shipping through the Post Office of C&R-eligible guns via Priority mail (vs. UPS or FedEx), which can prove to be big money-saver. Here's the postal regulation that is being cited, from the Domestic Mail Manual, or "DMM":
DMM section 601 "Mailability"
Article:11.2 Antique Firearms
Antique firearms sent as curios or museum pieces may be accepted for mailing without regard to 11.1.3 through 11.1.6.
As a result, it is legal to ship C&R firearms through the USPS.
This may have been posted previously, but it was a surprise to me. Here's a link to the P38 Forum for those wishing to see the entire discussion:
August 11, 2008, 03:35 PM
Antique firearms sent as curios or museum pieces...
I think that you will find that "antique firearms" are those manufactured prior to 1898. Note that it doesn't say "Firearms sent as curios" (what you want it to say), but "Antique firearms sent as curios". You don't even need a C&R to receive an antique.
August 11, 2008, 09:59 PM
Not much to discuss here, if you are not a dealer or manufacturer (or meet one of the other very specific categories) you can't mail handguns. The postal employee who posted that bit about "curios", conveniently skipped over the "antique firearms" bit. I don't think the Postal Inspectors would see it his way. :uhoh:
From the DMM:
"Antique firearm means any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, or any replica thereof, if such replica:
1. Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
2. Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade."
As an aside, the last time I was at the PO, I asked a question about mailing a rifle. The clerk's eyes got real big and she stammered..."a....GUN, can you do that? That shouldn't be legal! People shouldn't be able to get guns through the mail!" I said never mind about my question and turned to leave. She said, "Now I'm freaked out!" I think she was shaking at this point. :evil:
August 11, 2008, 11:28 PM
It would be nice if they updated the regs to say "FFL" rather than "dealer or manufacturer". I don't think the 03FFL existed when the regs were written.
August 12, 2008, 01:38 PM
With an FFL system in place, 18 USC 1715 (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001715----000-.html) is obsolete and should be repealed.