Advice needed - transfer of handgun

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cwbys4evr

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My older brother, who has no children, has agreed to transfer to me our dad's old army 1911, as we want to keep it in the family. He lives out west and is coming to visit me in WV next year. He is concerned about taking the firearm across several state lines (and I wouldn't mind getting the firearm sooner) and so we are wondering what is the best way to transfer a firearm across state lines. I was thinking UPS Ground but I have heard some horror stories about them. Any advice?

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When I sold a firearm (here on THR), I did Fedex overnight to the buyers FFL, I don't see why your brother couldn't do the same. If I remember correctly, that is the only way Fedex would ship the firearm. It was kind of pricey, but it got there next day (obviously) and was not harmed in any way
 
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If I remember correctly, it was around $90. Much less than going from out west to you, or paying fines for improper transport
 
Handguns MUST go next day air per Fedex's regs.

Cheapest option would be to have an FFL mail it Flate-rate priority. Only FFL's can mail handguns though USPS.

Transfer to FFL(10-25) + Actual shipping(~10) + Transfer from receiving FFL (10-25)
Puts you at a MAX 60$.

The gun MUST go though an FFL in your state in order for you to receive it. No matter what, even if your brother hand delivers it to you on a silver platter.

Sending it directly will send you directly to club fed.

Your best option would be to go to your friendly neighborhood arms dealer and ask him what the process is for send a handgun to your brother. Usually they know the regs, it will sound like what I said above. If they say anything about mailing it directly to him, kindly thank them for their time and **** of there.
 
tyeo098 said:
Handguns MUST go next day air per Fedex's regs.

Cheapest option would be to have an FFL mail it Flate-rate priority. Only FFL's can mail handguns though USPS.

Transfer to FFL(10-25) + Actual shipping(~10) + Transfer from receiving FFL (10-25)
Puts you at a MAX 60$.

The gun MUST go though an FFL in your state in order for you to receive it. No matter what, even if your brother hand delivers it to you on a silver platter.

Sending it directly will send you directly to club fed.

Your best option would be to go to your friendly neighborhood arms dealer and ask him what the process is for send a handgun to your brother. Usually they know the regs, it will sound like what I said above. If they say anything about mailing it directly to him, kindly thank them for their time and **** of there.
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Looks like I went about things in a legal, but more expensive way. Dang
 
lpsharp88 said:
Looks like I went about things in a legal, but more expensive way. Dang
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It all depends how long you want your gun to be 'in the system'.

I go the next day air route for expensive things because of insurance and less hands touch the box.
Technically, you can ship it regular ground, since Fedex/UPS regs are not law, but if the gun gets lost/stolen (see my hands touching example above) and you have to file a claim... they won't honor it since you did not follow their regs.

Flat rate boxes are not marked or anything, just pack it well so it doesn't shift around and let the FFL take care of the dirty work.

And again, DO NOT MARK THE BOX to indicate there is a firearm inside in any way. Give it to the FFL and say "send this to my brother" lol
 
I definitely want it to be in the system as short a time as humanly possible because the sentimental value is much higher than the actual value.

So would it be okay then for my brother to take it to a FedEx place, and then ship it himself next day air to an FFL? Or would he have to use an FFL to do the shipping?

I read on eHow that either the firing pin or the barrel has to be removed although it can ship in the same box. Is that true?

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Also I read that federal law states that you must ship according to the shippers regs. So you can't send it ground.

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So would it be okay then for my brother to take it to a FedEx place, and then ship it himself next day air to an FFL? Or would he have to use an FFL to do the shipping?
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Some FFL's will only receive from other FFL's, not mere plebians like us. Check with the receiving (your) FFL first. But yes, that would work.

I read on eHow that either the firing pin or the barrel has to be removed although it can ship in the same box. Is that true?
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Bologna. Ship it as a whole gun. You can take it apart if you want, but its not required.
 
It would be cheaper to have a FFL send it USPS to a FFL by you. My FFL charges $25-$30 to ship.

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Here's my best advice... Unless you just have to have it sooner than he will get to your place, just have your brother bring it with him.

18 USC § 926A - Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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1) Handgun must go to an FFL in YOUR home state to complete the transfer. This is true even if your bro brings the gun to you.

2) UPS/FEDEX both insist that handgun must ship overnight air (ie, expensive)

3) A non-FFL can not legally mail a handgun.

4) Likely you cheapest way to ship will be for your brother to pay your local friendly FFL to do it. THEY can use the post office, which is much cheaper. I charge $20 plus actual shipping, don't know what your local will want for the service.
 
Just to emphasize--if you are residents of different states, then the transfer must eventually involve an FFL and background check in your state of residence even if he brings it to town, which should not be a problem except if he crosses certain problematic states.

He cannot "just hand it to you" without breaking federal law.

If you are residents of the same state, the federal laws apply much less, and in most states you can just do a private transfer.

J.
 
Depending on where your brother lives, it may be difficult for him to even find a way to break any laws by transporting that gun when he comes to visit you. Unless he's passing through NJ, or NY, just about every other state offers no risk at all to someone merely passing through with an unloaded, cased firearm stored in their trunk. Then you do the transfer at your local dealer.

Otherwise, have him take it to his dealer and they'll ship it to your dealer.
 
If a family member wants to bring his gun to WV and can legally have it in WV, what's to keep him from storing it in your safe so it's there the next time he comes to visit?
 
So if I want to give my brother, who lives in another state, an old 22 that I don't use anymore for his birthday when he comes to visit, we have to pay the FFL fee and use an FFL?

I did not know that. What is this country coming to? Good thing I never give my brother anything :D:D
 
If a family member wants to bring his gun to WV and can legally have it in WV, what's to keep him from storing it in your safe so it's there the next time he comes to visit?
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Possession = transfer. Federal law has been specific about this since 1968.

So if I want to give my brother, who lives in another state, an old 22 that I don't use anymore for his birthday when he comes to visit, we have to pay the FFL fee and use an FFL?
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Absolutely. Federal law has been specific about this since 1968.
 
The cheapest way to transfer would be for him to bring it with him, and the two of you go to your FFL and do the transfer - that saves the expensive freight costs
 
Wow.

What about at death? Is an FFL required for inheritance?

What about all the private party sales? Is it the different states that makes it a no-no?
 
Via the commerce clause, any transfer taking place across state lines is subject to federal laws. So, for private in-state transfers, no FFL is needed. But for private transfers across state lines, transfer through an FFL is required.
 
In cases of death, the firearm(s) may be transferred directly to the heir, IF the will defines that this gun goes to that person, or if that disposition is determined by intestate succession. And, of course, the transferer must be DEAD. (No such thing as "inherited" a firearm from dad, if dad is still alive.)

Federal law prohibits transfers of ANY firearm between ANY unlicensed persons who are residents of different states, if that transfer does not go through a federally licensed dealer. (A dealer in the giver's state or the receiver's state in the case of rifles and shotguns. A dealer in the receiver's state only, in the case of handguns or "others.")
 
Am I missing something or could this just be classified as gifting a firearm? I know you would have to follow the rules if choosing to ship the gun, but the OP's brother can just bring it across state lines and hand it to him right?
 
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