FedExing a firearm

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WayBeau

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Have a guy who has asked if I would FedEx a shotgun that I have for sale. He claims that because we're in the same state I don't need to send it to a FFL. Is that true? If so, why is that? Wouldn't the same principles apply to local shipments as they would to out of state shipments?
 
The Federal laws against shipping guns to non-FFL-holders do not apply to residents within your own state. Congress didn't push the "interstate commerce" issue quite so far back in 1968 when the GCA made interstate sales and shipments illegal.

Your own state might have laws against shipping firearms to non-licensees, I don't know, but I don't believe most do.
 
INTRA-state sale ... only your state laws apply.

INTER-state sales, the Feds get involved.

No FFL needed for an in-state sale.

Now ... does that mean FedEx will knowingly deliver a firearm to a non-FFL? I dunno ... if you care to know the answer to that you'll have to ask them. (hint ... never ask a question unless you are sure you want to know the answer)
 
USPS is cheaper, FedEx or UPS may be easier depending how on the ball your local USPS is.

Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: 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]

Those references are federal - the state of residence may also have an opinion.
/Bryan
 
I agree, and was asked recentlly by a gent who wnated to do a trade to fedex itrastate. But you may have a problem with the shipping agent, they have their own policies regaurding this. I remember that when I made a fuss about it and called both fedex and usps main office, neither one would ship a gun period.
So if you do ship it this way, chances are you are violating their own policy. The old "machine parts" standby is usually a sign that there is a gun in the box. Problems begin with insurance and theft. They will give you the ins. because they make free money. But collecting on it is another story.
They want to see receipts and kept me waiting for 11 or 12 weeks on a legit claim for a led moniter. Tried to settle with me for less than I insured it for. And then argued about the model number, "since it wasn't being made any more". I can't imagine what you will go through with a lost or stolen firearm, retail, wholsale, not supposed to be sent, you may end up in trouble and out the gun. The extra money for an FFL may be worth springing for just for the peace of mind.
 
Is there an "okay for intra-state mailing" of a handgun in Missouri? Where would I find that out? There's a pistol that I'd like to get but we both live too far for comfortable travel [for me, mostly because I wouldn't trust my older car for highway use].
 
Orion, the problem with such questions is that it is unusual for laws to be written to say that it IS legal for you to do something. Mostly, they are written to say what you CAN'T do. The question then becomes, "Show me the place in the law where it DOESN'T say you can't do that!" ;)

Here are the Missouri Weapons Statutes: http://www.moga.mo.gov/statutes/c571.htm

Now, I do see that it would be illegal for you to give it to the guy if he is intoxicated. :scrutiny: So, uh, yeah. Don't mail it to him if he's drunk, I guess. :rolleyes:

Otherwise I don't see any prohibition against shipping a gun to a buyer in-state. But I haven't read every word, so I can't say for sure.
 
You might very well be allowed to ship a firearm within your own State without dealing with an FFL but you might run into some conflict dealing with the person behind the FedEx counter who might think differently. Also some of these delivery companies have their own policies when it comes to shipping firearms. So even if State law says it's perfectly fine, FedEx might still say no.
 
you may have a problem with the shipping agent, they have their own policies regaurding this. I remember that when I made a fuss about it and called both fedex and usps main office, neither one would ship a gun period.

Yeah, lots of issues can arise ... couple of ways to make it simpler:
- if you're shipping interstate, bring a copy of the FFL paperwork and a print from the web of the BATF EZ-Check page verifying the address and validity of the recipient's license

- print the relevant page from either UPS's or FedEx's tariff that asserts your right to ship and the conditions...if a clerk argues, have them call the mother ship - I've wasted 20-30 minutes more than once but, always got to ship the gun

- don't bring ammo or a gun to a "franchise" - eg. FedEx Kinko's or UPS's Mailboxes 'R'Us type outlets - company policy states they can't accept those shipments. Sometimes the employees don't even know that but mostly they do or, just assume you can't ship guns period.
/B
 
Federal law permits shipping ANY firearm to another resident of your state. Common carriers have their own policies, that if not followed may cause a claim for loss, damage or theft to be rejected.

USPS: Anyone can mail a shotgun or rifle through the USPS to another resident of the same state.

UPS: Anyone can ship any firearm via UPS to another resident of the same state.
http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html?srch_pos=3&srch_phr=handgun
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), law enforcement agencies of any state or department agency (or political subdivision of any state), from and between persons not otherwise prohibited from shipping firearms by federal, state or local law, and when such shipment complies with all federal, state and local laws applicable to the shipper, recipient, and package......

Click on the link above to see how UPS requires the gun to be shipped.


FedEx
http://www.fedex.com/us/service-guide/terms/express-ground/index.html
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).
FedEx no longer permits nonlicensee to nonlicensee shipments.

It doesn't matter if the clerk at the UPS Store or FedEx Office says its okay.....the published tariff is the last word.
 
It doesn't matter if the clerk at the UPS Store or FedEx Office says its okay.....the published tariff is the last word.

You cannot ship any firearms through a UPS store. They are a 3rd party shipper. Published tariff forbids it.
 
Canuck-IL .....if you're shipping interstate, bring a copy of the FFL paperwork and a print from the web of the BATF EZ-Check page verifying the address and validity of the recipient's license
Not required by USPS, FedEx, UPS or any Federal law.
Any clerk that believes it necessary is inventing their own rules contrary to USPS/FedEx/UPS policy.

I would respectfully tell them to stuff their personal requirements and get me a manager immediately.


print the relevant page from either UPS's or FedEx's tariff that asserts your right to ship and the conditions...if a clerk argues, have them call the mother ship - I've wasted 20-30 minutes more than once but, always got to ship the gun
This.
 
Isn't that what I just said?

rellascout
Quote:
It doesn't matter if the clerk at the UPS Store or FedEx Office says its okay.....the published tariff is the last word.
You cannot ship any firearms through a UPS store. They are a 3rd party shipper. Published tariff forbids it.
No kidding.
 
Isn't that what I just said?

Not really. You statement leads one to believe you might be able to ship from a UPS Store. It is vague IMO.

I am just clarifying that one should never use a UPS Store or Kinkos for any firearm shipment or ammo shipment. ;)
 
No FFL needed for an in-state sale.

No. This is not 100% correct. There are places, such as California, where even private party firearms sales are required to go through an FFL.

OP, in order to answer your question accurately we need to know what state you're in. All the other arguing about the logistics of how to ship a firearm are pointless until we know whether or not there's a state requirement to go through an FFL.
 
rellascout
Quote:
Isn't that what I just said?
Not really. You statement leads one to believe you might be able to ship from a UPS Store. It is vague IMO.

I am just clarifying that one should never use a UPS Store or Kinkos for any firearm shipment or ammo shipment.
My statement said nothing of the sort.
It is not uncommon for a UPS Store to ACCEPT firearms shipments....contrary to what their published tariffs state. Before I became a FFL I shipped guns all the time through a UPS Store......because the clerk said it was okay.

Again, it doesn't matter if the clerk at the UPS Store or FedEx Office says its okay.....the published tariff is the last word.

There is no longer a "Kinkos", FedEx discontinued use of that name several years ago and renamed those stores FedEx Office. FedEx Office WILL accept firearms and ammunition for shipment.
 
Like I said in my first post. You may think it's ok, but try doing it in FL, Neither one would ship a pistol. I called the numbers on the web, for the head office and they agreed that they no longer ship firearms unless it's to an FFL, as in for service or repair, otherwise it must go FFL to FFL. I have tried this several times and they never accepted them. That is in FL.
They flat out said no on the phone and in the local store. And I called their main office. Maybe other states have different rules. I could send a gun to the manufarturer for repairs, but only with an RMA from the company.
This last attempt was 3 or 4 years ago. People do it all the time, and label them "machine parts" but it's not their policy, if they knew it was a gun, you would probablly not get it back, or get a visit.
The laws are one thing the store policys are something else. And Usps had stopped altogether, when I last checked. We have had heated discussions over this before, everyone starts posting policys from the web, but just call the head office and ask for a supervisor or head clerk, they will tell you the story themselves, arguing about it here does no good if they won't take the gun.
 
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