Shipping LONG guns INTRA-state by contract carrier?


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Dr. Tad Hussein Winslow
July 20, 2009, 10:35 PM
I thought this was perfectly legal without any FFL intervention, and I've done it before. Certainly, that's the conventional wisdom floating around on the web. But my FFL told me today that essentially "Well maybe it is or maybe it's not technically, but with Eric Holder, Obama, and company at the helm of AG, Homeland Security, etc., you can't rely on the BATFE's former opinion letters saying that it's ok, because it's not in the statute and they could change their mind and prosecute you." What's the REAL DEAL here? Thanks.

http://www.hk94.com/hk/Intrastate-gun-shipping-question-t22464.html

http://forum.pafoa.org/general-2/44312-shipping-long-gun.html

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almostfree
July 20, 2009, 10:44 PM
It isn't mentioned as being illegal in 18 USC, so what would they prosecute you for? They have to cite a statute. I had a FFL tell me once he thought it should be illegal to ship intrastate between private parties. He wanted the transfer fee.

TheWarhammer
July 20, 2009, 10:51 PM
There's a pretty good shipping guide on Gunbroker. Here's the link. (http://gunbroker.com/Support/SupportFAQView.asp?FAQID=1118&NoCount=1)

Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:
(B8) May a nonlicensee ship a firearm by common or contract carrier?
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]

(B7) 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)]


It sounds to me like your FFL is just trying to generate a little extra revenue at your expense.

mgkdrgn
July 21, 2009, 10:18 AM
1-800-BOVINE SCAT

IntrA state you can do just about what ever you want, provided it doesn't violate the rules of that state.

nalioth
July 21, 2009, 10:46 AM
You just have to follow the law.

An up to date page on the laws, with links to them and to shipper's pages: Shipping a gun: Who, what, where, why, how - Saiga-12.com (http://forum.saiga-12.com/index.php?showtopic=34686&hl=)

. . . and yes, some FFL holders will make up all kinds of crap to get your money.

P.S. The gunbroker links is pretty flimsy in the info department (it hasn't been updated in a while)

Art Eatman
July 21, 2009, 12:07 PM
If you read through the ATF regs that are stickied at the top of the Legal Forum page, you'll find that two legal folks who are residents in one state doing a deal are of no interest to the feds. You can't use USPS to ship pistols; the shipper can't label the outside of the package.

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