buckhorn_cortez
Member
- Joined
- Jul 8, 2010
- Messages
- 532
It is a private company, FedEx, and they have a right to decide what they're going to ship.
No, actually, they don't anymore than you can decline to bake a cake for a gay wedding - despite your "We reserve the right to refuse service to anyone" sign.
FedEx is a common carrier and regulated under both state and federal laws. In general, a common carrier is legally bound to carry all passengers or freight as long as there is enough space, the fee is paid, and no reasonable grounds to refuse to do so exist.
Unless FedEx can cite a state or federal law excluding this type of equipment - they are supposed to accept the item for shipment and transport it. If they refuse, the recourse is to sue them under state and federal laws.
If you read the FedEx statement carefully, what they are saying is that they are declining to ship the item until they have found out whether it is an item prohibited by a state or federal law.
If the company manufacturing the tool chooses to pursue this further, FedEx will end up shipping the tool unless it is a prohibited item federally or within the states it's being shipped from and to.
Once again the lawyers have the final say.
No they don't. If this is pursued in court, a federal judge will have the final say. Lawyers may interpret laws for their client - but, they don't get to make them up.
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