Shipping for private transfers in Mo.?

[sebtool]

I'm in Mo., where the private transaction of a handgun sale is currently legal. I guess we'll see what the 'new guvnor' has to say about that....

On another forum, a seller stated that he could legally ship a handgun to another in-state purchaser, I believe thru UPS, without going thru an FFL holder.

Frankly, I don't know who to ask about the legality of such a transaction. I wouldn't trust the local yokels, i.e., law enforcement to give me the whole truth of the matter. Is this something to call ATF about? The State Patrol? That could be a whole 'nother bag of worms, that I don't necessarily want to get into, either.

I saw the comment from Texas, but we 'ain't there.

Whether buying or selling, is there any precedent? Age misrepresentation could be a big issue. I know many just want the transfer to take place, but there's also an inherent responsibility with the freedoms we currently enjoy.

Another situation to take into account is shipping to someone you already know, or have a reference for, and feel comfortable with.
Any suggestions? FFL experts?
Thx

 

[nalioth]

Is this something to call ATF about? The State Patrol?

The ATF has nothing to do with intrastate transfer.

The State Patrol? They've got better things to do than keep up with esoteric gun laws, and you're likely to get their opinion, rather than the law.

Try your local DA for starters.

 

[Hoxviii]

You can ship it non FFL through a contract carrier so long as you declare that it is a handgun upon shipping and both addresses are in Missouri.

Can't send one through the US mail unless it's FFL to FFL.

One problem is some carriers require handguns to be shipped from the hub, so check around and see if there's one that you won't have to wind up in STL or KC just to put it in transit.

 

[NavyLCDR]

Here's the applicable laws and company info. You CANNOT mail a handgun via USPS without an FFL.

First BATFE FAQ, which contains a slight error:
http://www.atf.gov/firearms/faq/faq2.htm#b8

(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]

The error in the FAQ is the statement that Federal law requires the carrier to be notified. That is NOT a requirement of the Federal law in intrastate shipments (inside the same state) or for shipments going to FFLs anywhere.

Federal Law 18 USC 922 :

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

UPS Policy:
http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html

The part of the above to note is bolded below:

UPS accepts packages containing firearms, as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code, for transportation from and between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors, as defined in Title 18, Chapter 44 of the United States Code, law enforcement agencies of the United States (or of any department or agency of the United States) and law enforcement agencies of any state or department agency (or political subdivision of any state), and from and between persons not otherwise prohibited from shipping firearms by federal, state or local law and when such shipment complies with all applicable federal, state and local laws applicable to the shipper, recipient and package.


Handguns, as defined by 18 U.S.C. § 921,will be accepted for transportation only via UPS Next Day Air® Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® services. (Note: UPS Express CriticalSM Service is not available for firearms).

FEDEX will not ship between private parties:
http://fedex.com/us/services/terms/us.html#firearms
Firearms

FedEx Express will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

So, in summary, you are left with three options, UPS AIR (expensive, only from a UPS hub location, IF they will accept it), FFL to FFL which can go by USPS, or seller ships by UPS or FEDEX to FFL for transfer to you.

Missouri has no extra shipping laws.

 

[nalioth]

NavyLT, I think he's got all that.

He wants to know if it's LEGAL to do so in Missouri (it isn't legal in California, ya know.)

 

[NavyLCDR]

If he had all of that then he would know that it was legal in Missouri.

 

[Hoxviii]

All told, I don't believe Missouri has any gun laws that are stricter than federal except for allowing municipalities to regulate open carry.

 

[bhk]

Even though it may be completely legal, good luck on getting any common carrier to ship it.