Shipping a gun to family out of state?


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esheato
March 6, 2011, 10:49 PM
I have to ship a shotgun to my brother out of state, how do I do it legally?

You'd think this would be something I know, but this is a first for me.

Can I just box it and UPS it? USPS?

I believe there are allowances in the law for family transfers.

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nalioth
March 6, 2011, 10:58 PM
I believe there are allowances in the law for family transfers.Unless you want to die to take advantage of those laws, you probably will want to read the stickies or one of the dozens of "How do I ship firearms?" threads that pop up monthly.

Sam1911
March 6, 2011, 11:02 PM
I believe there are allowances in the law for family transfers.
If this is a transfer, you'll need to send it to an FFL dealer in his state. He can do the transfer paperwork there and take it home with him.

Transfers of ownership of any firearm across state lines must go through a dealer or both the transferror and transferee commit federal felonies.

There is no family exemption. The only exemption is in the case of a bequest. That means that you'd have had to have left it to him -- specifically, by name -- in your will ... and then died.

Deltaboy
March 6, 2011, 11:04 PM
Sam is there a legal differance between a Transfer and a Gift???

Sam1911
March 6, 2011, 11:06 PM
No. Transfer covers gift or sale. Any exchange of ownership.

Deltaboy
March 6, 2011, 11:11 PM
Thanks Sam .

esheato
March 7, 2011, 01:00 AM
Appreciate the info guys.

chris in va
March 7, 2011, 03:09 AM
Isn't it true that you can ship your firearm to an individual in another state provided they don't take posession of it and open the box? It would still have to be your gun, just picking it up later.

nalioth
March 7, 2011, 03:14 AM
Isn't it true that you can ship your firearm to an individual in another state provided they don't take posession of it and open the box? It would still have to be your gun, just picking it up later.No.

You can mail your guns to yourself, in care of someone else, provided they don't open the package.

chris in va
March 7, 2011, 03:17 AM
It would still have to be your gun, just picking it up later.

Missed that part?;)

nalioth
March 7, 2011, 03:30 AM
It would still have to be your gun, just picking it up later.
Missed that part?Nope.

Mail addressed to a person is intended for them.

Mail addressed to a person in care of a person is meant to be held for the named person.

You can get yourself a quick felony if you address it to anyone but you or an FFL holder and it goes out of state.

blume357@bellsouth.net
March 7, 2011, 07:41 AM
I think you can legally 'loan' him the gun with out a transfer, but don't hold me to that.....

Sam1911
March 7, 2011, 07:59 AM
Here's the quote from the ATF's FAQ:

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. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

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



I emphasized the loan part. That is generally held to mean, if someone comes to visit you and wants to target shoot or hunt, you can loan or rent them a gun to do so.

It does NOT mean that you can ship a gun to someone else in another state. That is illegal.

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