Intrastate transfers by US MAIL

[Montana Billy]

Is it legal to complete an INTRASTATE transfer (approved Form 4 SMG) by registered US Mail? The seller and buyer both are private individuals and NOT dealers. If it is legal, are there any special procedures involved? Do you declare what is in the package? Do you send a copy of the approved Form 4--or the original--with the weapon?
It would seem strange that it would be legal since it is ILLEGAL for non-licensed individuals to send other non-licensed individuals handguns or long guns through the US Mail.
Thanks in advance for your responses.

 

[Taurus 617 CCW]

The only time I mailed a gun out via USPS they wanted to know if I was a dealer, which I was so the conversation ended there. The lady's eyes at the counter got this big when I told her I was shipping a handgun out. It's interesting to encounter someone immersed in the completely opposite direction as I with regards to guns. I am surrounded by them all day long and the post office worker is not. It sure was fun to see her reaction though (without showing it).

 

[dogtown tom]

Montana Billy Is it legal to complete an INTRASTATE transfer (approved Form 4 SMG) by registered US Mail?

Machinegun?
It depends....USPS defines any rifle with a barrel length of less than 16" as a "short barreled rifle" and under THEIR definitions is a "firearm capable of being concealed on the person" and therefore NONMAILABLE except by authorized persons.

USPS only allows the average guy to mail rifles and shotguns but dealers and manufacturers are allowed to mail firearms OTHER than rifles and shotguns. These "other firearms" include pistols, revolvers, frames, lower receivers, and short barreled rifles and short barreled shotguns. USPS treats any firearm capable of being concealed on the person as a handgun and therefore not mailable.

USPS definitions and ATF definitions do not allways mesh, but BOTH are part of Federal law and a violation can put you in jail. Note that supressors are a "firearm" under ATF and not specified under USPS- don't assume they are not firearms because USPS doesn't mention them- they are.
http://pe.usps.com/text/dmm300/601.htm#wp1065404


It would seem strange that it would be legal since it is ILLEGAL for non-licensed individuals to send other non-licensed individuals handguns or long guns through the US Mail. It's not illegal when shipping a rifle or shotgun- as long as the buyer and seller reside in the same state, state law does not prohibit that type of sale, and the buyer is not a prohibited person.

Good "FAQ's" at AR15.com:
http://www.ar15.com/forums/topic.html?b=6&f=17&t=199928
And at title II:
http://www.titleii.com/bardwell/nfa_faq.txt