ATF Agent just lied to me?

[Sry0fcr]

I called the Houston branch of the BATFE to inquire about intrastate shipping of a pistol between 2 non FFL holders. I was told that it was illegal to do so and that I HAD to use an FFL. Between the cost of shipping and transfer fees I'd be no better off than buying locally from a dealer. So I double check and hop over to their website to look at thier FAQ...

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]

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]

:banghead:

 

[Outlaws]

I called the Houston branch of the BATFE to inquire about intrastate shipping of a pistol between 2 non FFL holders. I was told that it was illegal to do so and that I HAD to use an FFL. Between the cost of shipping and transfer fees I'd be no better off than buying locally from a dealer. So I double check and hop over to their website to look at thier FAQ...

He didn't lie to you. He more than likely though your said INTER and not INRAstate.

 

[Sry0fcr]

I wish. I specifically said, "intrastate, within Texas." and he repeated it back to me.

 

[atomchaser]

Are you sure he understood it was between residents of the same state? If you are following the written regulations, I think you are good. I would certainly get some sort of proof from the buyer that they are a resident of the state and a signed statement that they are not otherwise prohibited from purchasing the firearms.

 

[M2 Carbine]

He works for the ATF.
You should have explained what "inter" and "intra" state means.

 

[boredelmo]

Buy my beretta, you get a H-I discount.

 

[HuntAndFish]

He works for the ATF.
You should have explained what "inter" and "intra" state means.

LOL. Spilled my drink on that one. Yeah, he misunderstood you.

 

[isp2605]

Not everyone who works for ATF is an agent. Some people are hired just to answer the phones. So who did you really talk to?

 

[SouthpawShootr]

First rule of dealing with the ATF: Always get it in writing and signed on official letterhead. Get it on tape, if it's legal.

That said, it's the government's position that it is the citizen's responsibility to know the law and they are not in the business of dispensing free legal advice. Using "the ATF agent told me this" defense isn't going to work. You might get the guy in trouble, but you won't get off the hook.

 

[Derby FALs]

Read on. It's a HANDGUN

 

[lamazza]

I'm pretty sure that handguns have always required use of FFLs when mailing.

 

[terry264]

See if this pic. goes thru. Maybe this guy waiting to shoot is the one you talked to on the phone, since he has an ATF cap on, LOL

 

[hotpig]

A Inspector with the ATF would be the person to talk to. The rank and file Agent does not deal with that type of info often.

 

[HuntAndFish]

I'm pretty sure that handguns have always required use of FFLs when mailing.

If that's true, (INTRAState shipping of handguns) it's news to a lot of folks. If the weapon is being TRANSFERRED, that is a different story. If you can buy a handgun FTF without an FFL, then you can do it through mail (INTRAState).

 

[Derby FALs]

It can't be mailed.

 

[wdlsguy]

Non-FFLs aren't allowed to mail handguns.

18 USC 1715.

You would need to use a common carrier, such as FedEx or UPS.

 

['Card]

Why would this shock anybody? I have to deal with OSHA inspectors on a regular basis who have no clue what their own regulations say. They get away with it because 99% of the time, the people they're talking to are also clueless, and they operate on the assumption that the OSHA guys are all subject-matter experts.

Remember, you don't actually need to know anything if everybody assumes that everything you say is correct.

 

[HuntAndFish]

Good post wdlsguy. The US Postal Service won't ship handguns. A common carrier is your only choice.

 

[george29]

Confused

Not meaning to hijack the thread, just unclear.

If Jim lives in NM and sells a Handgun to Jill who lives in TX, it is ok / not ok to:

1) make a FTF transfer
2) mail with FedEx or UPS

without an FFL ?

 

[Kael]

If Jim lives in NM and sells a Handgun to Jill who lives in TX, it is ok / not ok to:
1) make a FTF transfer
2) mail with FedEx or UPS

you can't transfer any gun across state lines unless you are an FFL.

 

[wdlsguy]

If Jim lives in NM and sells a Handgun to Jill who lives in TX, it is ok / not ok to:

1) make a FTF transfer
2) mail with FedEx or UPS

without an FFL ?

Since the seller and the buyer live in different states, the handgun needs to transfer through an FFL in the buyer's state.

 

[Car Knocker]

you can't transfer any gun across state lines unless you are an FFL.

Generally correct but there are a couple of exceptions. Two that readily come to mind are firearms that are classified as antiques and firearms that are specifically bequested in a will.

 

[GRIZ22]

A Inspector with the ATF would be the person to talk to. The rank and file Agent does not deal with that type of info often.

Inspectors do compliance work. Agents do criminal investigations. You would expect the agent to have the answer.

 

[hksw]

I wish. I specifically said, "intrastate, within Texas." and he repeated it back to me.

Call them up again and ask with a more basic question. Many folks don't know what intra- means. "Can one non-FFL ship to another non-FFL within the same state?"

 

[LAR-15]

You can interstate ship antique firearms (as defined in the GCA) and bequested firearms as posted above.