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? on shipping firearms whthin one state.

Discussion in 'Handguns: General Discussion' started by willsnipe, Aug 15, 2007.

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  1. willsnipe

    willsnipe Member

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    Gentlemen,
    I could use your help. I'm trying to work a deal with a gentleman on a couple handguns. He is in my state, but about 200 miles away, so a face to face is a little spendy with gas prices as they are. I've explained to him the fact that private parties can ship to each other with no FFL involvement as long as said shipment doesn't cross state lines. I provided him with a link to the best refrence I'm aware of at http://www.gunbroker.com/Support/SupportFAQView.asp?faqid=1118 . He has asked for a few of you to verify that all this is on the level. Thanks in advance for your assistance.
     
  2. Redstick

    Redstick Member

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    YEP!

    It happens all the time and is totally leagle and above board!
    In this state, it can go from person to person without having to go through an FFL.
     
  3. jasonkjasonk

    jasonkjasonk Member

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    100% Legal.....he just has to ship via an approved carrier and overnight. The best and cheapest route is UPS Saver Overnight, insure it and require adult signature.

    Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:
    (B9) May a nonlicensee ship a firearm by carrier?
    A nonlicensee may ship a firearm by carrier to a resident of his or her own state

    I usually require that I get a copy of their drivers license and then ship to the address on there, that way I know exactly who it's going to.

    J
     
  4. rutten

    rutten Member

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    As long as it is done inside of the state it is all UP AND UP Legal. No need to go through a FFL dealer. Have done several in my state. I find it easiest to send USPS priority insured .
     
  5. GonHuntin

    GonHuntin Member

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    That's true as far as federal law goes, but some state laws prohibit "private transfers".......what state are you in????

    PS: It is illegal to mail a handgun unless it goes from and FFL to an FFL......there are some exceptions for military and law enforcement, but generally, it is a big no-no!
     
  6. tydephan

    tydephan Member

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    You can use USPS for instate shipping? I thought that only FFL's could use USPS shipping?
     
  7. rutten

    rutten Member

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    Have never had a bit of problem in Montana using USPS. I have been doing it for several years. Maybe something has changed recently but never had a problem. When I ship handguns out of state I use my FFL dealer.
     
  8. Taurus44

    Taurus44 Member

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    You can ship long-guns via USPS, but handguns have to go through a contract carrier (UPS or FedEx).
     
  9. nalioth

    nalioth Member

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    Not true, they must go overnight, unless the shipment is between FFL licensees. Buyer must be legally able to own handguns in your state, as well.

    If USPS had reliable overnight service, you could use them, too.
     
  10. Whirlwind06

    Whirlwind06 Member

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    If the pistol goes across state lines to a UPS shipping hub. Then back into your state, you might have a problem.
     
  11. CountGlockula

    CountGlockula Member

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    Every state has different laws. I'd suggest speaking with a "PROFESSIONAL" FFL dealer or calling your local Sheriff/Dept. of Justice to confirm.
     
  12. wdlsguy

    wdlsguy Member

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    Willsnipe needs to let us know what state he lives in. It's entirely possible that state law prohibits what he wants to do. As far as the feds are concerned:
     
  13. Anna's Dad

    Anna's Dad Member

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  14. Futuristic

    Futuristic Member

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    Whirlwind06 wrote:
    A. Check your punctuation/grammar.

    B. NO, you DO NOT have a problem. This is one of the points of commercial carriers, they are treated differently under the law just so that issues like this don't become a problem.

    An example: I mail an (evil :evil: ) 30 round magazine to a friend in Utah. On the way there, the package goes through a UPS sorting center in California. Did a crime occur? (Leaving out how Poorly written Cali's anti-Mag law is...)

    NO. Carriers are treated special and once you hand the package off to them, they are the custodians. You are not then responsible for it ending up anywhere EXCEPT its final destination. If it was legal where you sent it from, and legal where you addressed it to, you are good to go. (Note: There are a scant few exceptions to this, but they mostly involve cases where you KNOWINGLY try to get stuff to go through a place it isn't allowed, like Canada.)

    Futuristic
     
  15. yongxingfreesty

    yongxingfreesty Member

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    he is in TX and I am in TX, just wanted to make sure I can do this with a handgun.

    I will be shipping UPS overnight.

    thanks for everyones reply, feel free to add anything else I might have missed.
     
  16. dlrow

    dlrow Member

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    suggestion

    a while back I had a similar question.

    I called up the local Houston BATF field office. Told the guy my scenario, he was kind enough to express an opinion on my situation. he then referred me to a website to back up his position.

    your govt money hard at work :)

    your mileage may vary if you end up with the wrong guy on the phone.... but it is a free phone call.
     
  17. GonHuntin

    GonHuntin Member

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    Nalioth.....I'd suggest you do a bit more research before you tell me what I posted is not true.....if you are not an FFL holder and you mail a handgun, you are committing a federal felony....unless you falll under one of the Government/Law Enforcement exceptions.....
     
  18. Cosmoline

    Cosmoline Member

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    For long guns, NOT for handguns.

    It is VERY ILLEGAL to ship any handgun anywhere via the USPS. It must go by a willing common carrier or by FedEx/UPS even if it's staying in state.
     
  19. Novus Collectus

    Novus Collectus Member

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    I must add, that applies to "handguns" by federal law definition and not all handguns.
    Antique handguns can be shipped by USPS and newly made "antique" handguns by definition in federal law can be shipped by USPS.
    http://pe.usps.gov/text/pub52/pub52c4_003.html#PSk741320edwa
     
  20. American_Pit_Bull

    American_Pit_Bull Member

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    It is not a law, only the carriers policy that dictates that the firearm must be overnighted... And only FFLs can mail handguns via USPS, overnight or not.

    It is perfectly legal to ship a handgun intrastate to a resident of the state that you reside in.

    As long as state laws do not require you to go through an FFL for private party transfers, he is well within the law when shipping directly to another resident of his state.
     
  21. MisterPX

    MisterPX Member

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    Legal to SHIP, not MAIL pistols intraate for individuals. I think that's where Gon and Nal are buttin heads.
     
  22. nalioth

    nalioth Member

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    My mistake, I thought it was overnight on handguns and the USPS didn't have overnight service (although they say they do, it's not.).
     
  23. MisterPX

    MisterPX Member

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    Handguns have to go by UPS/FedEx/SpeeDee, etc. Those company policies say overnight.
     
  24. yongxingfreesty

    yongxingfreesty Member

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    can I bring it to any UPS store?

    if not, ill have a fed ex account to ship it overnight. am i doing this right?
     
  25. MisterPX

    MisterPX Member

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    Most UPS Stores are franchises, and won't do guns or ammo. Best bet is a Hub. FedEx will work too, you've got the right idea.
     
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