[Wolfsbane]

dogtown tom wrote:

"....AR lowers are not mailable unless you are a licensed dealer or manufacturer."


1. Does the mailing prohibition of AR lowers include whole AR rifles as well or just the lower receiver?

2. Does AR mean specifically an AR15 manufactured by the company that currently owns the trademark on that designation or for any AR15 clone?

3. Does AR include other rifles that use AR in their name? AR5, AR7, AR10, AR16, AR18, AR180b and etc?

4. Or does AR mean any auto-loading rifle?

Since we're dealing with an agency that's known to be extremely arbitrary and picky the statement, as currently written, leaves lots of room for interpretation.

[F-111 John]

Deleted

[NavyLCDR]

1. Does the mailing prohibition of AR lowers include whole AR rifles as well or just the lower receiver?

2. Does AR mean specifically an AR15 manufactured by the company that currently owns the trademark on that designation or for any AR15 clone?

3. Does AR include other rifles that use AR in their name? AR5, AR7, AR10, AR16, AR18, AR180b and etc?

4. Or does AR mean any auto-loading rifle?

Since we're dealing with an agency that's known to be extremely arbitrary and picky the statement, as currently written, leaves lots of room for interpretation.

1. You can mail assembled AR-15 rifles via USPS without an FFL because they are rifles. You cannot mail via USPS AR-15 lower receivers only without an FFL because they become a firearm concealable on the person according to the Domestic Mail Manual.

2. AR-15 clones are included as well.

3. As long as it is assembled as a rifle, it is mailable by USPS without an FFL. The receiver alone is not mailable without an FFL.

4. If it is an assembled rifle or shotgun, it is mailable. If it is only the receiver, FFL required. "AR" or not does not matter.

Here are the applicable definitions in the Domestic Mail Manual:

12.1.1 Definitions

[1-22-12] The terms used in this standard are defined as follows:

a. Firearm means any device, including a starter gun, which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include antique firearms (except antique firearms described under 12.1.1c and 12.1.1d).

b. Firearm frame or receiver is the part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.

c. Handgun (including pistols and revolvers) means any firearm which has a short stock and is designed to be held and fired by the use of a single hand and subject to 12.1.1a, or a combination of parts from which a handgun can be assembled.

d. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.

12.1.2 Handguns

Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in 12.1.3 and 12.1.5


http://pe.usps.com/text/dmm300/601.htm#1198527

F-111 John was mistaken in his post above.

You cannot use the US mail to ship a firearm unless you are a licensed dealer or manufacturer.

WRONG. Non-FFLs cannot mail HANDGUNS.

Domestic Mail Manual:
12.2 Rifles and Shotguns

Except under 12.1.1d and 12.1.2, unloaded rifles and shotguns are mailable. Mailers must comply with the rules and regulations under 27 CFR, Part 478, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the rifle or shotgun is unloaded and not ineligible for mailing under 12.1.1d. The following conditions also apply:

a. Subject to state, territory, or district regulations, rifles and shotguns may be mailed without restriction when sent within the same state of mailing. These items must bear a “Return Service Requested” endorsement, and must be sent by Express Mail (“signature required” must be used at delivery), Registered Mail, or must include either insured mail service (for more than $200) requiring a signature at delivery.

b. A shotgun or rifle owned by a non-FFL may be mailed outside the owner's state of residence by the owner 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. These mailpieces must:

1. Be addressed to the owner.

2. Include the “in the care of” endorsement immediately preceding the name of the applicable temporary custodian.

3. Be opened by the rifle or shotgun owner only.

4. Be mailed using services described in 12.2a..

c. Rifles and shotguns may be mailed by a non-FFL owner domestically to a FFL dealer, manufacturer, or importer in any state. USPS recommends these items be mailed using those services described in 12.2a..

d. Except as described in 12.1.2a, licensed curio and relic collectors may mail firearms meeting the definition of curios or relics under 27 CFR 478.11 domestically to FFL licensed curio and relic collectors in any state. USPS recommends these items be mailed using those services described in 12.2a..

e. Firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest may be accepted for mailing without restriction.

f. Air guns that do not fall within the definition of firearm under 12.1.1a are mailable. A shipment containing an air gun with a muzzle velocity of 400 or more feet per second (fps) must include an Adult Signature service under 503.8.0. Mailers must additionally comply with all applicable state and local regulations.

[Librarian]

You cannot use the US mail to ship a firearm unless you are a licensed dealer or manufacturer.

The USPS Domestic Mail Manual - http://pe.usps.com/text/dmm300/601.htm#wp1065404 - reads 12.2 Rifles and Shotguns

Except under 12.1.1d and 12.1.2, unloaded rifles and shotguns are mailable. Mailers must comply with the rules and regulations under 27 CFR, Part 478, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the rifle or shotgun is unloaded and not ineligible for mailing under 12.1.1d.

Perhaps you were thinking of 12.1.2 Handguns

Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in 12.1.3 and 12.1.5 after the filing of an affidavit or statement required by 12.1.4 and 12.1.6, ...
...

12.1.3 Authorized Persons

Subject to 12.1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, a licensed importer of firearms, ...

... and I see NavyLCDR types faster than I do!

[dogtown tom]

Wolfsbane Quote:
dogtown tom wrote:

"....AR lowers are not mailable unless you are a licensed dealer or manufacturer."

1. Does the mailing prohibition of AR lowers include whole AR rifles as well or just the lower receiver? No, as posted...rifles ARE mailable by anyone. An AR lower is not a rifle. It is considered an "Other firearm" by ATF and would be classified as a "handgun" by USPS for mailing purposes as it is concealable on the person.
2. Does AR mean specifically an AR15 manufactured by the company that currently owns the trademark on that designation or for any AR15 clone?
I used AR lower as an example of a frame or receiver that while not a complete firearm, IS a firearm.

AR lowers are not mailable by anyone other than licensed dealers and manufacturers because they are not rifles or shotguns. An AR lower (or ANY firearm frame with a shoulder stock attached IS NOT a rifle UNLESS it has a barrel attached as well.

F-111 John ...You cannot use the US mail to ship a firearm unless you are a licensed dealer or manufacturer. That means you cannot mail the entire rifle, because it is a firearm.
Absolutely, positively, 100% wrong.

NavyLCDR ....You can also mail via USPS AR-15 lower receivers so long as they are in a rifle configuration with a butt stock attached.
An AR lower (or ANY firearm frame with a buttstock) is still not a rifle....a rifle must have BOTH a buttstock AND a barrel. A "complete" AR lower w/ buttstock is transferred on the Form 4473 (and recorded in the dealers records as an "Other Firearm".....not a rifle, and not mailable except by dealers & manufacturers.

If it is the receiver, in a rifle configuration, it is mailable.
No such animal.
ATF is very clear that a frame, receiver, AR lower and firearms with a pistol grip that expel a shotgun shell are NOT rifles, but "Other firearms".

[NavyLCDR]

Dogtown tom is correct. I was mistaken. I will edit my post to reflect.

In summary:

A non-NFA firearm which is assembled as a complete rifle or shotgun is mailable by non-FFL Joe Citizen to a legal recipient. "AR" type rifle or not does not matter and has nothing to do with it.

Any non-NFA firearm that is not a complete assembled rifle or shotgun requires an FFL to mail.

It's that easy. Like dogtown tom pointed out, take the receiver off the rifle and it becomes a firearm that is concealable on the person, by USPS standards.

NFA firearms would seem to be beyond the scope of this discussion.

(Although, I would say what the firearm is classified as on the form 4473 has nothing to do with it. USPS goes by definitions in the Domestic Mail Manual.)