Help in Texas....

[SUBMOAS]

I was just told that I can ship a long gun from one non-licence person(no ffl) to another non-licence person. I do understand that person has to legally be of age to receive long gun.

Here is what A.T.F said:
"A nonlicensee may mail a shotgun or rifle to a resident of his or her
own state or to a licensee in any state. Handguns are not mailable."

Has anyone one else in Texas ran across this?

Thanks

 

[mec]

handguns have to be shipped to a dealer by private parcel service. Seems like both UPS and FedEx insist on overnight air which is a bit expensive. Local Fedex/Kinkos take it in stride but the local UPS manager made up a rule that only ffls can ship between each other and he has to have a copy of both licenses. this is not general UPS policy but the local manager is timid and not willing to learn the actual legalities.

 

[Roccobro]

If FTF Private Party transfers are legal within your state, so is a PP transfer conducted by mail. Outside of the state (interstate commerce that the fed .gov has control over), the firearm must go TO a "licensee" i.e. proper FFL holder in the buyers state. Requirements on age in a PPT are the same too (you cannot really check their eligibility in a FTF transfer let alone long distance).

The last line is kinda funny. The "handguns are not mailable" is true in that the US Post Office won't ship handguns, but UPS and FEDEX will.

Justin

 

[skinewmexico]

It's legal, you just can't find a carrier that will do it.

 

[nalioth]

It's legal, you just can't find a carrier that will do it.

I mail long guns all the time. The USPS has absolutely no problem with it, so long as you aren't including ammo in the box.

 

[Japes]

Just Saturday here in Texas I shipped a long rifle out of state, I went and printed the label and dropped it off at the FedEx store and the guy looked at me and said cool, scanned it and it was off!

 

[Blackfork]

One thing is for sure...

The government has made a mess of shipping a simple machined tool from one place to another.

 

[SUBMOAS]

Just Saturday here in Texas I shipped a long rifle out of state, I went and printed the label and dropped it off at the FedEx store and the guy looked at me and said cool, scanned it and it was off!

You had an FFL right??

 

[nalioth]

Just Saturday here in Texas I shipped a long rifle out of state, I went and printed the label and dropped it off at the FedEx store and the guy looked at me and said cool, scanned it and it was off!

You had an FFL right??

You aren't required to have an FFL if you are shipping to an FFL licensee.

 

[SUBMOAS]

I understand that. But you cannot ship a rifle or shotgun to someone else in another state unless they have an FFL

 

[Roccobro]

Remember, there are many diff kinds of FFL's. Shoot, I have a C&R one and get long guns shipped to my door. I'm sure if Japes frequents the High Road, and was kind enough to post his actions here, he is probably inclined to do things legally and sent them within the law.

Another thingo, you can mail firearms to yourself in another state. A lot of times this is easier than dealing with the hassles at the airports. I store a bunch of guns at another property out of state and move them back and forth as needed. I can't be in two places at the same time and sometimes I cannot even be at the exact right place AND time to get fedex/UPS/USPS to give me my packages, even when I'm home and they stop by! No FFL and legal.

Justin

 

[damien]

I've shipped handguns before via UPS/Fedex. On the declaration form I put "machined parts" - what is not correct about that? What they don't know can't hurt them and then you don't have some idiot saying that it is against the law/rules to ship a gun when it isn't.

 

[mec]

On the declaration form I put "machined parts"

A lot of people do that. Recently, I went to Kinkos with a handgun and declared the value higher than their accustomed amount. the woman said that she would have to inspect/see it and I informed her that it was a gun so as not to blow her out of the tub with surprise. She didn't bat an eye or consider it anything unusual.

 

[Deavis]

Has anyone one else in Texas ran across this?

What exactly is your question? You quote the ATF ruling and it backs up what you think. What are you trying to figure out? Texas has no laws that contravene the ATF information you cite so what are you trying to figure out?

 

[MudPuppy]

Yes, you can mail a long arm to someone (who isn't legally prohibited) within state in Texas without an FFL.

 

[SUBMOAS]

What exactly is your question? You quote the ATF ruling and it backs up what you think. What are you trying to figure out? Texas has no laws that contravene the ATF information you cite so what are you trying to figure out?

Your right. ATF answered my question...
What is protecting me from selling to a felon? Does that fall on me when I sell it. I always request a copy of there Dr Lic.

 

[Zoogster]

Your right. ATF answered my question...
What is protecting me from selling to a felon? Does that fall on me when I sell it. I always request a copy of there Dr Lic.

You are only liable if you should reasonably know they are. It is not your resonsibility to figure out if they are or not.
If you know they are and you do anyways then you are breaking the law. If you do not know then only they are breaking the law. (Per federal law, I don't know if Texas has anything different.)

 

[ryanl]

as of right now individuals are not required to conduct background checks on each other to sell a long gun. I believe this is what some of the anti-gun people refer to as the gun show loophole, whatever that means. As stated eariler as long as you have no reason to believe they are a mental case or felon, your fine. As also stated you can mail a long gun door to door (no ffl involvement) in your own state through the US postal service. Also when you ship a gun handgun or rifle, it is a violation of federal law to do so without notifying the carrier there is a firearm in the package.

 

[nalioth]

I always ask folks I sell to in my state (by mail) for a photocopy of their drivers license and their handwritten statement on the photocopy that they are not barred from owning firearms. If we do a FTF, I just look at their DL and have 'em write me the note.

No, it's not required by any law, but it does provide me a good place to put the serial number of whatever I am selling to them. It then goes in the file cabinet.

 

[JasonblkZ06]

I just sold my NIB M40 to nalioth and UPS wouldn't take the gun without verifying it was going to a FFL. So, I had to drive back home and get the FFL copy (should have brought it in the 1st place). She then spent like 2 minutes typing a bunch of stuff into the computer while looking at the form. Who knows what she was doing. I also had to ship it air even though ground would have been pretty much overnight anyways.