Can you mail guns to yourself from out of state?

[bushmaster1313]

If I legally acquire a gun out of state may I legally mail it to myself in another state?

I know I can mail it to an FFL for repair and the FFL can mail it back directly to me. Can I mail it to myself?

Citations please.

 

[docnyt]

Long gun yes.

Handgun no.

BATFE regs.

 

[NavyLCDR]

You can mail, via USPS, long guns to your self in another state.
You can ship, via FEDEX, handguns and long guns to your self in another state.

See FAQ question B9 on page 177 of:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

(B9) May a nonlicensee ship firearms
interstate for his or her use in
hunting or other lawful activity?

Yes. A person may ship a firearm
to himself or herself in care of another
person in the State where he or she
intends to hunt or engage in any other
lawful activity. The package should
be addressed to the owner. Persons
other than the owner should not open
the package and take possession of
the firearm.

 

[bushmaster1313]

Excellent answers
Thank you

 

[dogtown tom]

NavyLT:...You can ship, via FEDEX, handguns and long guns to your self in another state.

NavyLT,
FedEx will not deliver a firearm to someone who is not a licensed dealer, manufacturer, collector, importer or LEO. Even if it is addressed to yourself. (FedEx tariff)

UPS will.

 

[NavyLCDR]

Oops, that's right, I got the two backwards.

 

[nalioth]

Long gun yes.

Handgun no.

BATFE regs.

More than one way to skin a cat.

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

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)]

(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

They don't say anything about handguns not being able to be delivered to one's self.

 

[dogtown tom]

Nalioth,
The OP asked about mailing firearms.

Technically USPS= mail, UPS/FedEx= shipping.

For those who are not licensed dealers or manufacturers:
Handguns- may be shipped interstate to yourself via UPS.
Rifles & Shotguns- may be mailed to yourself via USPS or shipped to yourself via UPS.
(FedEx will not ship firearms to a nonlicensee)

Remember, YOU and only YOU, can ship to yourself. You cannot have anyone else do it for you. Boxing up your shotgun and having your wife drop it off at the post office violates Federal law.

 

[nalioth]

dogtown tom, I realize that.

The plain down-to-earth fact is that he wants to get his guns back home.

Why do some guys want to tell him "NO" and leave it at that? Now he knows how he can do it - legally.

 

[cottswald]

You can always ship it from one FFL to another.

 

[stanger04]

Why pay 2 FFL's that is pointless, I understand they have to keep the books and a charge is fair but it need not be paid when it can be done legally with out.

My question is why mail it? Why not carry the gun with you? To me this part makes no sense, why mail a gun if you are not going to be there?

To me sounds like you are selling a gun and trying to avoid FFL, by shipping the gun to "you" at his/her address. I may be wrong and usually are but this just sounds odd. UPS isn't gonna leave it at the door and may not leave it without the owner signing, they are tighter about guns and I can't say I blame them too many people are sue happy.

 

[Frank Ettin]

If I legally acquire a gun out of state may I legally mail it to myself in another state?...

A few questions come to mind.

First, are you talking about acquiring a gun in a State other than your State of residence?

If your State of residence is New Jersey, as it says in your profile, what will New Jersey say about possessing a gun without the usual state formalities?

I have no idea what the answer to the second question is, but it's something to consider. As to the first, if one acquires a gun outside his State of residence, one must consider 18 USC 922(a)(3):

"18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section,...."(emphasis added)

The exception referenced (18 USC 922(b)(3)) deals with transferring a long gun through an FFL in a State other than one's State of residence.

The only other circumstance that would permit the lawful acquisition of a gun outside one's State of residence would be acquisition by bequest or intestate succession.

So a person could acquire a gun in a State other than his State of residence and ship it to himself in his State of residence only if he has acquired it by bequest or intestate succession or if it's a long gun acquired in conformity with 18 USC 922(b)(3).

 

[stanger04]

Okay if you have say 2 homes your residence is which ever is on your license. If you live in a reciprocating state a long gun is no problem.

Military has quirks about residence and after thinking about it, this is the only thing that makes sense to mailing, as not wanting to put the weapon in the armory.

Still why are you mailing? Not being nosy but it really doesn't make any sense.

 

[stanger04]

A private party conducted face to face is legal, goes back to the same loophole for guns shows right?

 

[nalioth]

C'mon guys, put the Reynolds wrap away.

The OP could have dual residence.
The OP could be picking up a bequest.
The OP could be picking up his guns from last hunting season (or whenever) that he left at a friend's house.
There are other reasons, all quite legal.


Sheesh, we got some nosy-parkers here.

You can always ship it from one FFL to another.

Why do that? It's quite legal to ship to any FFL in the USA from your own address. Please don't perpetrate the myth that "it takes two FFLs to ship a gun".

A private party conducted face to face is legal, goes back to the same loophole for guns shows right?

FTF transactions between residents of different states are illegal.

 

[Frank Ettin]

A private party conducted face to face is legal, goes back to the same loophole for guns shows right?

Nope, not if the buyer resides in another State. See 18 USC 922(a)(3) and (a)(5).

C'mon guys, put the Reynolds wrap away.

The OP could have dual residence.
The OP could be picking up a bequest.
The OP could be picking up his guns from last hunting season (or whenever) that he left at a friend's house.

Sheesh, we got some nosy-parkers here.

Yes, maybe one of those things is true for the OP. But the OP wasn't clear, and we have no reason to assume that one of those things is true.

On the other hand, a year from now some guy looking for an answer to this sort of question may come upon this thread, and none of those things might be true for him. If we're not clear, he could be misled, do the wrong thing and get himself in a lot of trouble.

 

[stanger04]

I wasn't sure on that, reason I asked thanks nalioth.

If he is doing a bequest then he has enough knowledge to not ask here.

Dual state citizenship isn't possible, you can only carry a license in one state, you have to choose a primary residence. If you notice the OP still hasn't explained, I honestly think that needs to be done first. It's like asking what kind of rifle should I get to hunt with but never say what you're hunting.

 

[NavyLCDR]

If he is doing a bequest then he has enough knowledge to not ask here.

You get a phone call from a lawyers office that says your Uncle Jack passed away and he left you two handguns and a shotgun. Uncle Jack lived in Illinois and you live in California. Would you have enough knowledge about that one not to ask?

 

[stanger04]

If uncle Jack loved you to leave you guns, wouldn't you go to the funeral. Then would you trust any carrier with your family heirlooms, I believe I'd go get them.

 

[nalioth]

If he is doing a bequest then he has enough knowledge to not ask here.

Huh? Guns received by bequest are exempt from the FFL transfer requirement necessary for other out-of-state transactions.

Dual state citizenship isn't possible

Really? I think you need to research some more. You can be a simultaneous resident of many states if you have homes in them and live there..

Residency ≠ having a drivers license

 

[dogtown tom]

stanger04:...Dual state citizenship isn't possible, you can only carry a license in one state, you have to choose a primary residence.

Having a license has nothing to do with it.

For the purposes of "residency", the ATF considers you a resident where you are present and intend to make a home. See the instructions to Questions 2 and 13 on the ATF Form 4473 http://www.atf.gov/forms/download/atf-f-4473.pdf

For example: A college student whose permanant residence is in Dallas, Texas and probably holds a Texas drivers license. He attends college and lives in a dormitory at Soonerville University in Oklahoma. ATF considers him a resident of Texas and while he is in Oklahoma he is considered by ATF to be a resident there as well. If he were over age 21 it would be possible for him to buy handguns in either state.....but good luck on getting a Okie dealer to sell you one without an Oklahoma DL.

 

[KosmicKrunch]

I currently have dual residence, I have an Ohio Drivers License and I have a Montana STATE ID. This is clearly legal. I can also purchase ammo and guns in either state. I own a home and business in Ohio and I own a Condo in Billings Montana for summer and spring.

 

[stanger04]

Point goes back to ID while there are ways around it, most FFL's want an id from the state you live in. Legally you are supposed to name a permanent place of residence, read up you are actually required to pick one. Goes back to voting you cannot vote more than once, so therefore you have to pick a permanent or main residency.

There is no such thing legally as a true dual citizenship. One permanent address, call the BATF they will tell you the same. If you are in college and live out of state during that time you residency is that state in which the college is located.

Military, if you are stationed in a place that is your residency, if you are between orders last station is residency unless out of country.

 

[nalioth]

There is no such thing legally as a true dual citizenship.

Not within the United States, no. "Citizenship" is for countries, not states.

Dual (or more) residency? Sure.

If you make a home in multiple states, you can buy guns with your utility bills if you can find an FFL cognizant of the law, and as KosmicKrunch points out: State issued IDs are quite acceptable.

 

[dogtown tom]

stanger04 Point goes back to ID while there are ways around it, most FFL's want an id from the state you live in. Legally you are supposed to name a permanent place of residence, read up you are actually required to pick one. Goes back to voting you cannot vote more than once, so therefore you have to pick a permanent or main residency.

There is no such thing legally as a true dual citizenship. One permanent address, call the BATF they will tell you the same. If you are in college and live out of state during that time you residency is that state in which the college is located.

Military, if you are stationed in a place that is your residency, if you are between orders last station is residency unless out of country.

Apparently you didn't bother actually reading anything in the link I provided above. Which is sad because you are flat wrong on some of your assumptions regarding residency, "citizenship", BATF and purchasing a firearm.:banghead: