Is it legal to send a firearm by US mail?


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His
March 6, 2009, 07:09 PM
I sent my Colt to the factory by the US mail. I'd never heard anything bad about using the mail to send a firearm. Now people are telling me this is a no-no.

I insured the pistol for big bucks and the clerk didn't ask what was in the package. If this is illegal, I'm wondering how I've gotten through so many years without hearing about it.

Do any of you have experience concerning this issue?

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Coltdriver
March 6, 2009, 07:24 PM
It is indeed illegal for a mere citizen to send a handgun to a manufacturer or anyone else through the US Post Office.

Only an FFL can send a handgun and they fill out a form at the Post Office window.

You can legally send a rifle to a manufacturer or to an FFL or to yourself but not to another individual in another state. You are required to tell the post office person when you do this and there are to be no markings on the box indicating a weapon is inside.

You may ship your handgun via UPS or FEDEX to an FFL or manufacturer for an exorbitant sum. You must always ship to an FFL if you are doing a state to state transfer. I have my local FFL ship my handguns and he charges $20. The postage on a handgun has never been over $20 including insurance. That beats the $50 plus from UPS or FEDEX.

His
March 6, 2009, 07:40 PM
Thanks Coltdriver. Now I'll have to unravel this mess. We live and learn.

geronimo509
March 6, 2009, 07:43 PM
I walked into the USPS and asked that question. I was told that I could not ship a complete handgun to a person(no fll) The nice lady told me that I could take it apart and mail the pieces in separate boxes. The catch was that if the one box was open that it could not function. So maybe next time you should go that route or take it to an FFL and have them ship it for you.

CleverNickname
March 6, 2009, 08:38 PM
I was told that I could not ship a complete handgun to a person(no fll) The nice lady told me that I could take it apart and mail the pieces in separate boxes.
That's incorrect, you have to be an FFL to mail a handgun receiver, whether it's assembled in a complete firearm or by itself.

stolivar
March 6, 2009, 08:55 PM
You can't ship a handgun through USPS period unless you have an FFL not C&R FFL.

whether assembled or not


steve the mailman

tlen
March 6, 2009, 09:41 PM
See section 11.1 Pistols, Revolvers, and Other Concealable Firearms
http://pe.usps.gov/search/jsp/search/vv_docread.jsp?k2dockey=http%3A%2F%2Fpe.usps.com%2Ftext%2Fdmm300%2F601.htm%40PE_DMM300_HTML_5&serverSpec=56.0.145.56:9920&QueryParser=Simple&querytext=%28FIREARMS%29&dtype=2#hit0

kilo729
March 6, 2009, 09:46 PM
Yes, it is totally LEGAL to send a firearm back to the manufacturer for repairs, and it is LEGAL for the manufacturer to send it back DIRECTLY to you.

Source:

(A) this paragraph and subsection
(b)(3) shall not be held to preclude a
licensed importer, licensed manufacturer,
licensed dealer, or licensed collector
from returning a firearm or
replacement firearm of the same kind
and type to a person from whom it
was received; and this paragraph
shall not be held to preclude an individual
from mailing a firearm owned
in compliance with Federal, State,
and local law to a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector;

http://www.atf.gov/pub/fire-explo_pub/2005/p53004/18usc_chap44.pdf

Javelin
March 6, 2009, 09:53 PM
As long as the firearm is going to an FFL or licensed manufacturer.

nalioth
March 6, 2009, 09:58 PM
. . . but it is NOT legal for a non-ffl-holding individual to ship a handgun anywhere via the US mail.

Some of you guys need to stop making s*!t up.

There is a sticky here (and in other sections) that covers the actual law: Shipping a gun - THR (http://www.thehighroad.org/showthread.php?t=323555)

You can also visit atfonline.gov where this exact question is asked and answered.

kilo729
March 6, 2009, 10:08 PM
Then use UPS/DHL/etc.

I didn't make anything up, and I don't appreciate being told that.

That two-year old thread is full of dead links.

geronimo509
March 6, 2009, 10:41 PM
I have to say that I'm not lying about my story. And the lady behind the counter didn't even give me a hard time. Of course it helps when you have a nice smile, a cute 1 year old(a not so cute 2 year old now lol), explain how your honorably discharged from the military, and going to college for a degree in CJST and do NOT want to take any chances of breaking the law.

nalioth
March 6, 2009, 11:49 PM
Then use UPS/DHL/etc.

I didn't make anything up, and I don't appreciate being told that.

That two-year old thread is full of dead links. 1) I don't recall naming any names.

2) only the links to the private shippers have gone down, and as I said, that is just ONE of the many threads just on this site alone on this subject. I continue to post it because it's a sticky. Violating the shippers policies isn't gonna land you in a federal facility for 10 years - the links to the actual laws are still valid in that thread.

Here are the current shipper links:

FedEx firearm shipping policies (http://www.fedex.com/us/national/rulestariff/prohibited_articles.html)

UPS Firearm shipping policies (http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html)

bondmid003
March 7, 2009, 12:59 AM
You are aloud to ship a firearm to yourself via FedEx and UPS. The person above who said different was incorrect.

stolivar
March 7, 2009, 02:09 AM
The guy asked about shipping through the Post Office. Not through anybody else.:D




steve

colorado_handgunner
March 7, 2009, 02:30 AM
Yes.

distra
March 7, 2009, 07:55 AM
Handguns=yes, long guns=no. Here is the FAQ response from the BAFT website.

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

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)]

krs
March 7, 2009, 09:39 AM
Handguns=yes, long guns=no. Here is the FAQ response from the BAFT website


This is backwards if it's in response to the original question "Is it legal to send a firearm by US mail?".

It is legal, or rather it is within postal regulations for an unlicensed person to ship a rifle or shotgun, i.e. "long gun" via the U.S. Postal Service, but it is not legal or within postal regulations for that unlecensed person to ship a handgun.

The clerk who it is claimed gave an instruction above was in error.

No one should rely on the opinions or misinformation of a postal clerk for guidance in staying out of jail if they value their continuing freedom.

mgkdrgn
March 7, 2009, 09:46 AM
Thanks Coltdriver. Now I'll have to unravel this mess. We live and learn.

What "mess"? Did the package not arrive?

sohcgt2
March 8, 2009, 03:01 AM
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]


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)]



(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]


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]


(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]


Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.


This is the law according to BATF. Licensee refers to Federal Firearms License holders.

kilo729
March 8, 2009, 04:40 AM
So, in summary:

Legal:

Shipping a RIFLE or SHOTGUN to a resident of your state or an FFL in any state via the United States Postal Service. (USPS)
Shipping firearms to be used in hunting or other lawful activity
Shipping a firearm via common/contract carrier to a resident of your state or an FFL in any state. Note: The common/contract carrier MUST be notified that the shipment contains a firearm.


Illegal:

Shipping a HANDGUN via USPS.
Shipping firearms out of state to a non-FFL.
Shipping firearms via Common/contract carrier WITHOUT notifying them that the package contains a firearm.

Do I have all that correct? I hope so, it's a bit late and my eyes hurt :o

mr2guru
March 8, 2009, 10:07 AM
So, in summary:

Legal:
Shipping a RIFLE or SHOTGUN to a resident of your state or an FFL in any state via the United States Postal Service. (USPS)
Shipping firearms to be used in hunting or other lawful activity
Shipping a firearm via common/contract carrier to a resident of your state or an FFL in any state. Note: The common/contract carrier MUST be notified that the shipment contains a firearm.

Illegal:
Shipping a HANDGUN via USPS.
Shipping firearms out of state to a non-FFL.
Shipping firearms via Common/contract carrier WITHOUT notifying them that the package contains a firearm.
Do I have all that correct? I hope so, it's a bit late and my eyes hurt

Fusion Firearms (manufacturer) sent my recently ordered handgun to my FFL via USPS Priority Mail.

What that illegal?

kilo729
March 8, 2009, 12:07 PM
My list only applies to non FFL holders.

woof
March 8, 2009, 12:33 PM
That ship to yourself seems to be a loophole. If want to sell a gun to Bob in another state, I address it to myself in care of Bob and send it, even if it is a handgun from what I read above. Bob gets it and nothing else happens, no-one is checking to see if I went there to hunt. Bob is not supposed to open it - right. I'm not advocating this and I acknowledge it is breaking the law, but unless Bob is a rat, there is no way evidence could be obtained to make a charge.

nalioth
March 8, 2009, 02:03 PM
Let's stay on the High Road, please.

Advocating (or not advocating <wink><wink>) illegal activities is frowned upon here

HisSoldier
March 8, 2009, 04:16 PM
For what it's worth, here is the info available to GB sellers/buyers;http://www.gunbroker.com/Support/SupportFAQView.asp?faqid=1118

distra
March 8, 2009, 07:42 PM
This is backwards if it's in response to the original question "Is it legal to send a firearm by US mail?".

Ooops, :o I stand corrected.

makarovnik
March 8, 2009, 08:28 PM
Long guns OK handguns NO.

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