Can I legally ship to out-of-state FFL?

[MattTheHat]

I, too use the EZ Check system when shipping to an FFL. I print the results and then add the buyer's details. I keep that single piece of paper in for my records.


-Matt

 

[MattTheHat]

NavyLT wrote:

...IF the private party wants to verify the FFL, which is NOT required, only the FFL number is required and the private party can use EZ Check to verify the FFL...

I want to make sure I understand correctly, are you saying there is no requirement for me (average Joe, non-FFL holder) to verify that I'm shipping to an actual FFL? As I stated, I use the EZ Check system, and since it's so easy, I will probably continue to do so, but I would like to know.

-Matt

Edited:

After reading your statement for the 4th time, I think maybe you're saying it's not required that I obtain a copy of the FFL, but that I *do* need to verify that I'm shipping to an FFL, and that EZ Check is an easy and reliable way to do that.

Correct?


-Matt

 

[NavyLCDR]

After reading your statement for the 4th time, I think maybe you're saying it's not required that I obtain a copy of the FFL, but that I *do* need to verify that I'm shipping to an FFL, and that EZ Check is an easy and reliable way to do that.

There is no requirement in law for you to verify the person/business you are sending the gun to is a licensed dealer.

The requirement in the law (18 USC 922 (a)(5)) is for you to not KNOWINGLY deliver the firearm to a person who is a resident of another state that is not an FFL. But there is no requirement for you to verify their FFL.

Look at 18 USC 922(a)(5):
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

You will not find any requirement for a private party to verify an FFL.

 

[EOD Guy]

Used easy check. See below the 'warning' that appeared on the screen above the license information.

Federal Firearms License Results

Warning: No one may use this screen, in lieu of the required certified copy of a Federal Firearms License, to acquire a firearm.

That statement only applies to licensees transferring a firearm. They are the only ones required to obtain a certified (signed) copy of the receiving dealer's license.

 

[Pilot]

NavyLt wrote:

There's the first myth. Not required for private parties shipping to FFLs. IF the private party wants to verify the FFL, which is NOT required, only the FFL number is required and the private party can use EZ Check to verify the FFL.

Many FFLs are refusing to provide copies of their license to private parties.

https://www.atfonline.gov/fflezcheck/

I am surprised this myth came up before the notification required by law myth.

The absolute easiest way to accomplish the shipment is to contact the receiving FFL, see what THEY want, and do it THEIR way. Because if you don't do it THEIR way, chances are they will simply refuse the shipment.

It may be a myth with regards to the written law, but not the policy of the shippers. Both my UPS and Fedex hubs will only ship a handgun if I GIVE THEM A COPY OF THE FFL. It is THEIR POLICY. When I push back they tell me to walk. Its either give them the FFL copy or not do the transaction. What would you do?

 

[brickeyee]

Both my UPS and Fedex hubs will only ship a handgun if I GIVE THEM A COPY OF THE FFL. It is THEIR POLICY.

Ask them to show you the policy.

You can also call corporate HQ.

 

[nalioth]

Both my UPS and Fedex hubs will only ship a handgun if I GIVE THEM A COPY OF THE FFL. It is THEIR POLICY.

Ask them to show you the policy.

You can also call corporate HQ.

FedEx does infringe upon our rights, it's true. They require an FFL be involved in the shipment of firearms.

UPS, however does not. By their posted tariffs, they allow all legal shipments. Ask them to show you their policies, and if they don't, call corporate.

Here's a link to shipper's policies: Shipping a gun - who, how, where, when and why

 

[deadin]

I guess that all this means my C&R FFL03 is worthless. According to the "a photocopy is no good" theory, no FFL01, anywhere, should accept it from me and I may or may not be able to convince an out-of-state non-licensee to sell to me because there is no other way to confirm it's legit.

And BTW, don't bother to tell me "how it should be". I already know. I'm concerned with is how to handle "What is."

 

[dogtown tom]

Bottom line is this:
Only licensed dealers NEED a copy of the receiving dealers FFL because ATF says we do. That FFL copy may be a hard copy, faxed copy, scanned or emailed electronically. All those versions are allowed.....and it says so on the front of the FFL.

Nonlicensees DO NOT need a copy of the receiving dealers license under ATF regulations. They are still bound by the same laws regarding interstate shipment of firearms as anyone else. All that a nonlicensee needs to confirm the validity of the license is the first three and last five digits of the license number.

Any dealer who ships a firearm to an address based solely on the paper copy is playing with fire. Thats why ATF has the EZcheck. It allows you to confirm the validity of that paper copy of an FFL.

deadin I guess that all this means my C&R FFL03 is worthless. According to the "a photocopy is no good" theory, no FFL01, anywhere, should accept it from me and I may or may not be able to convince an out-of-state non-licensee to sell to me because there is no other way to confirm it's legit.

Who said a "photocopy is no good"?

Your C&R is not worthless, just not as easily confirmed as an 01 or 07. ATF EZcheck doesn't confirm 03FFL's.....all one needs to do is call ATF to confirm the validity of the C&R license.

nalioth:...FedEx does infringe upon our rights, it's true...

Uh, no. There is nothing in the US Constitution that requires a business to ship a firearm period. The Bill of Rights protects us from government. FedEx is free to make it's own business policies. As the owner of a business I have the right to decide who can carry a firearm into my business....if I deny you entry I'm not infringing on your rights, simply exercising MINE.