Shipping a gun to yourself out of state?

It's legal to ship a gun to yourself but it sounds like the rest of the deal is not legal. A person in one state cannot give or sell a gun to a resident of another state. An FFL may sell a long gun to an out of state buyer as long as all laws in both states are followed and the FFL is willing to do it which 99% are not.

Have the gun shipped to an FFL in your state for legal transfer to you.

Vector A long gun is being gifted to me as a present (or at least I think it is) out of state...

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Federal law requires that the firearm be transferred to you through a licensed dealer in that state. You would need to complete a 4473 and pass NICS. I HIGHLY recommend contacting a dealer at your destination BEFORE you go. Use the "Find an FFL" search feature on GunBroker.com

I will fly and be there for several days. Now I could buy a hard lockable case and check it, but that will involve not only the cost of the case, but also an extra $25 for an extra checked bag fee. So I was thinking of shipping it USPS to myself back home in a non descript package.

So first, is it legal?

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Yes, as long as:
1. The firearm is legally transferred from the person in possession to you via 4473/NICS.
2. The firearm is legal for you to possess in your own state.

How safe would it be (i.e. gun being stolen)?
Any other considerations?

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There are thousands of firearms mailed every day through the USPS. It is every bit as safe as UPS or FedEx. I highly recommend insurance for the full value as well as Signature Confirmation on delivery.
To be legal, only YOU may actually ship the firearm to yourself.....no one else can do it, otherwise it becomes a violation of Federal law for both of you. There is no notification required when you ship a rifle or shotgun via USPS.

Read this first:http://www.thehighroad.org/showthread.php?t=651375






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Do this and get caught and you'll never own a gun again.

reuben mishler Don't let SaxonPig scare you, in this case being a gift, if it is being given to you direct from family, no paperwork need even transpire. You will simply arrive at that given state, visit family, pick up the gun, fly home with it

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This is the worst advice you could possibly give the OP.
What you are advising him to do is commit a Federal crime.

Key word here people is gifted....gifted...not purchasing

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Key word here is IGNORANCE......yours.
You don't have a clue as to Federal law regarding the interstate transfer of firearms. Read this and get back with us:

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]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

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

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Vector does it matter if the person gifting it to someone is a friend vs. a relative?

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No.

What reuben mishler is proposing is only true if the giver dies and bequeaths it to you - not gifting it while alive, even if he or she is a family member. The issue is being residents of two different states.

I am glad Frank posted the actual statutes so that people can see the two felonies that would be committed if anyone followed reuben mishler's advice. It will be interesting to see if reuben mishler posts again.

Vector,
Your CCW has nothing to do with the transfer of ownership of firearms. Like Frank Ettin posted, if the person gives (transfer ownership of the rifle to you, via gift or sale) without going through an FFL, they violate 18 USC 922 (a)(5) and commit a Federal felony.

When you return to your home state with that rifle, that you obtained from out of state, without an FFL, you violate 18 USC 922 (a)(3) and commit a Federal felony. Get caught and you lose not only your CCW, but your right to possess firearms at all until (if) you can't get your record expunged of the conviction.

Is it really worth it to save the $30 average for an FFL transfer? If it were me, I would just have the giver mail the rifle to an FFL in your state and get the gun there.

I am a little confused and need some clarification. Can the gun be gifted to Vector in person in the first place even with FFL paperwork? Wouldn't it be the same as if Vector tried to buy the gun in person in another state, which is forbidden? Wouldn't the gun, in either case, have to be shipped/transferred to an FFL in Vector's home state?

Wgsigs: Yes, if it's a long gun but many ffls won't do it. If it's a handgun then it would have to be shipped to a ffl in the OPs state.

Sent from my ADR6425LVW using Tapatalk 2

I shipped a long gun to myself from CO to KY, but I bought the gun in CO while I lived in KY. It cost around a hundred bucks to overnight and insure it, and dealing with the ignorant at the post office was a hassle at both locations. I'm sure Fed-Ex would of been better but USPS was my only option where I was.

In your situation though, You better just send it through a dealer.

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Wgisgs wrote:

I am a little confused and need some clarification. Can the gun be gifted to Vector in person in the first place even with FFL paperwork? Wouldn't it be the same as if Vector tried to buy the gun in person in another state, which is forbidden? Wouldn't the gun, in either case, have to be shipped/transferred to an FFL in Vector's home state?

Nazshooter replied:

Wgsigs: Yes, if it's a long gun but many ffls won't do it. If it's a handgun then it would have to be shipped to a ffl in the OPs state.
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Now I am a little confused, does this mean if he bought a long gun across state lines it has to be shipped FFl?? And is that federal law??. The reason I ask is because I live on the IN/MI line and know of people (don't want to incriminate myself) that have passed background check and bought a long gun and transported it home them selfs from a dealer. Also have bought long guns at gun shows from private individuals and done the same. I know of at least one instance where the buyer was unsure and asked the state boy that was there if this was o.k. before he bought a long gun and was informed that it was fine as long as he was eligable to buy the gun and gun was legal??. So were these transactions techically illegal???...If so good thing all the guns I bought in Indiana where in the years that I lived down there.

Wouldn't it be the same as if Vector tried to buy the gun in person in another state, which is forbidden? Wouldn't the gun, in either case, have to be shipped/transferred to an FFL in Vector's home state?

nazshooter said:

Wgsigs: Yes...

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Nope. Not forbidden. You can purchase a long gun in any state. Can be shipped, does not have to be.

...if he bought a long gun across state lines it has to be shipped FFl?

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Nope.

I live on the IN/MI line and know of people .. that have passed background check and bought a long gun and transported it home them selfs from a dealer.

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That's because this does not violate federal law.

Also have bought long guns at gun shows from private individuals [in another state] and done the same [brought back from across state lines].

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That's a violation of -at least- federal law.

I know of at least one instance where the buyer was unsure and asked the state boy that was there if this was o.k. before he bought a long gun and was informed that it was fine as long as he was eligable to buy the gun and gun was legal??

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If you are referring to the private transaction between two residents of different states, the 'state boy' did not give you the correct answer. See the 'quote box' in post #6; it is a FAQ from atf.gov

No, you may buy a long gun in any state, so long as the gun in question is legal in your state. It must be transferred to you through an FFL, buy you may take possession of it in other states than your own.

Handguns must go through the FFL in your home state.

It cost around a hundred bucks to overnight and insure it, and dealing with the ignorant at the post office was a hassle at both locations. I'm sure Fed-Ex would of been better but USPS was my only option where I was.

In your situation though, You better just send it through a dealer.

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Why? There is no need to send it through a dealer. Nor is there a need to overnight the package, or pay for anything special. You may walk into USPS with the package, tell them "I have a package to send", and send it. No need to even tell them what's inside it, as long as it's a long gun. Insurance is suggested, though.

wgsigs said:

I am a little confused and need some clarification. Can the gun be gifted to Vector in person in the first place even with FFL paperwork? Wouldn't it be the same as if Vector tried to buy the gun in person in another state, which is forbidden? Wouldn't the gun, in either case, have to be shipped/transferred to an FFL in Vector's home state?

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I've bought several long guns out of state from ffl's and I've been able to bring them home with me. Handguns on the other hand have had to be shipped to my ffl at home. I've also had no less than three ffl's tell me I can buy a gun from an individual out of state, but it has to be shipped from an ffl in said state to an ffl in my state regardless of whether it is a rifle or handgun.

shipped to myself....

I went to Alaska last Summer to see my brother. He lives in Soldotna.

I shipped my Marlin 444p to myself using their address, they picked it up at the PO for me. Then when I left, I shpped it back to myself to my home address. ....using the same box....


I did not want to screw with the airline format.

they picked it up at the PO for me

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They broke Federal law. Only you are allowed to take possession of that box.

Thanks for the clarification.

Let's summarize.....again.....

Federal law for the transfer of ownership of firearms, regardless of if the transfer of ownership is gift or sale, family or not - the only exception is by inheritance when someone dies:

1. Federal law allows transfers of rifles, shotguns and handguns only between residents of the same state with no FFL involved.

2. Federal law allows the transfer of a rifle or shotgun to a person outside their state of residence by an FFL only - if the state laws of both the recipient and the FFL are complied with.

3. Federal law only allows the transfer of other than a rifle or shotgun to a person inside their own state of residence.

Person A in State A wants to give a rifle or shotgun to Person B who is a resident of State B. The transfer cannot happen directly between Person A and Person B. The transfer can go through an FFL in almost any state, so long as the state laws of the FFL and Person B are complied with.

Person A in State A wants to give a firearm other than a rifle or shotgun to Person B who is a resident of State B. The transfer cannot happen directly between Person A and Person B. The transfer must go through an FFL in State B only.

Once Person B lawfully owns the firearm, having been previously transferred to him by an FFL, he can then ship it to himself in another state, or transport the firearm himself between states. He can also ship it to himself in care of another person, the third person can receive the package, but most hold the package, unopened, for Person B to finally receive it.

Thanks everyone for the clarification and NavyLCDR for the summary. I think it is clearer to me now. I was mixing up the laws and process for handguns with that for long guns.