Question About Shipment of Pistols

[ForeignDude]

I did a search and didn't find the exact situation I have. So here it is:

I've stored two handguns with a relative in Texas (not prohibited person).

Can that relative take the two handguns to a local FFL and have that Texas FFL ship the handguns to me via an FFL in Virginia?

Now, if that is possible to do, do I need to go through another background/NICS check with the Virginia FFL to take possession of my handguns?

I'm trying to avoid having to fly all the way to Texas and back just to get my property.

Suggestions?

 

[mekender]

in theory, they are still your property unless you transferred ownership, but legally only you may ship them to yourself... problem might be how long you have had them "stored" as to establish who they belong to...

might be less of a headache to have the relative do what you suggested, and yes you will have to go through the process...

if you arent super attached to them, it might actually be easier for the relative to sell them and send you the $$ then you buy replacements in VA...

 

[Bubbles]

Bear in mind that unless you have a Virginia concealed-carry permit, you're subject to the "one handgun a month" rule. So, you can only get one transferred to you from a dealer every 30 days.

 

[ProficientRifleman]

IANAL, but...

You do NOT need an FFL to ship the gun TO an FFL. You can ship the gun to an FFL in any state.

You can also ship the gun to YOURSELF. You can even ship the gun to yourself in care of another person.

This info comes from the Federal Fiearms Law reference guide, published by ATF.

 

[kingpin008]

I believe that shipping the gun to yourself only applies if it's a long gun. There are VERY different rules for shipping handguns, which is why we all don't just ship them to ourselves in the mail, lol.

He is correct, though about not having to go through a FFL on the sending end. However, that is also dependent of the willingness of the recieving FFL to accept a transfer from a private citizen, rather than another FFL. Many dealers won't accept non-FFL transfers, so you might be stuck there too.

 

[NavyLCDR]

1. According to the BATF Faq (which we know contains errors anyway), a person may ship a FIREARM to themselves in care of another person. However this won't work in this situation because:
a. The owner would not be shipping the firearm, another person would be.
b. Non-FFL's cannot ship handguns via USPS for any reason. UPS and FEDEX will not ship handguns from non-FFLS by company policy, to anyone other than an FFL or manufacturer.

2. A private party may ship the handgun's to an FFL willing to receive them from a private party.

3. When the owner wishes to receive them from the FFL, all paperwork, waiting periods, background checks, permit requirements, etc must be met, just as if you had bought the gun from them.

It would probably be easiest/least expensive for the Texas relative to take the handguns to an FFL and have them mail them to the receiving FFL via USPS.

 

[csmkersh]

From From ATF FAQs

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]


A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

​

 

[NavyLCDR]

Dang it Sam! Now we are going to get the 3 or 4 pages of discussion again as to whether you actually have to inform the carrier in writing of the firearm shipment if it is going to an FFL! Here we go again! :banghead::banghead:

 

[EOD Guy]

Dang it Sam! Now we are going to get the 3 or 4 pages of discussion again as to whether you actually have to inform the carrier in writing of the firearm shipment if it is going to an FFL! Here we go again!

Don't worry! I'll stay out of it, this time.

 

[ForeignDude]

Let Me Clarify A Bit...

I want to make things as easy for my sister (in this case) as possible. She isn't going to be shipping the pistols herself, i.e., going to the UPS center, blah, blah, and so forth.

Instead, she would go to a local FFL, hand them the pistols, and the Texas FFL would take care of all the shipping to the FFL in Virginia. Once the pistols arrive in Virginia, I would go pick them up.

So, is this legit?

 

[NavyLCDR]

Yep, absolutely. However, as mentioned earlier, you will have to comply with all the wait times, etc in Virginia to get them from the FFL, just as if you had bought them from the FFL.

 

[csmkersh]

Then there's the charges that both FFL dealers will want for booking the guns in and out plus the USPS* or USP/Fedex charges.


*Unlike mere citizens, FFL dealers may use the Post Office.
​

 

[NavyLCDR]

*Unlike mere citizens, FFL dealers may use the Post Office.

**But I thought we ascertained that possession of weapons on Post Office property was against post office federal regulations!

We really need a smilie for stirring the pot...

 

[csmkersh]

:banghead:​

 

[ilbob]

since they are your guns, why can't you just go get them?

 

[csmkersh]

since they are your guns, why can't you just go get them?

Richmond to Dallas 1290 miles
Dallas to Richmond 1290 miles

Total 2,580 miles / 25 MPG = 103 gallons gas @ $3.75/gal = $386.25. Would be cheaper to:

1. Ship via UPS
2. Buy a new handgun and forget it

 

[ForeignDude]

That presumes I could drive to Dallas... I can't take that much leave, so I'm left with flying from VA to TX (and back), just to pick up two pistols.

Add to that the aggravation of flying in the middle of the summer, the expected rigamarole of flying with two handguns, the expense of an airline ticket...and I'd rather shell out the $100-$200 for an alternative means of securing my pistols.

On a separate note, all this BS comes courtesy of GCA '68. Has anybody actually read the purpose of that monstrosity?

"The Congress hereby declares that ... it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity..."

Yeah, right...

 

[mekender]

Non-FFL's cannot ship handguns via USPS for any reason. UPS and FEDEX will not ship handguns from non-FFLS by company policy, to anyone other than an FFL or manufacturer.

you are correct... however, you are not required to inform UPS or FeDex as to what is inside the box so long as you are shipping to a FFL (or other specified entities)

 

[NavyLCDR]

SEE! I knew it was going to come up!

 

[csmkersh]

:banghead:​

 

[mekender]

sorry, i had to do it... especially after someone else mentioned it

 

[QuakKillz]

what are they and how much do you want for them?? LoL!!!!