Selling to a FL Resident, two part question.

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To all the OP's who have ever started a thread in legal, my hat is off to you because I don't know how you can stand your own threads.

There is SO MUCH misinformation, "I heard that...", half-truth's and rumors I just don't see how you ever find a straight answer.

This is not a perfect world and I know I'm certainly not, but when giving advice on legal issues with firearms I damn sure try to be.
 
North of Orlando and south of Gainesville - in the area they like to call "the Real Florida" - i.e. - no Mickey or South Beach

PM me if you want the FFL name
 
Talked to him earlier, he'd rather pay the $20 extra, especially since he needs to head that way twice (no permit), so we're gonna go local, just a bit more expensive, thanks anyways Oneounce.

And Badlander, while a LOAN, for any amount of time might be legal, I have no intent on this being a loan, and have no intent on calling it one to try to sneak around the law, especially since if I get caught, it's a felony, and I rather like all my other firearms. He's getting a Glock 23 with all the original paperwork, case, 2 mags, a loader, and the cleaning rod, in very good condition, for the cost of the transfer only...and once I'm down there I'll probably even get him some ammo for it. I don't think he's going to complain, and he definitely isn't the type to put me at risk of a felony for $45, and I'm not the type to take the risk for him.

I just want to say I'm also a bit shocked at the bad advice I've recieved from a few about avoiding an FFL. I understand some of you are just trying to help, but, as firearm owners we NEED to be above the board and stay legal to prove that we AREN'T what the anti-gunners make us out to be, even if we may find the laws stupid. I personally knew the law in regards to private transfers in this case and knew it had to go through an FFL, but others might not, and while you may be trying to save people a few bucks, if they don't know better you put them at risk of committing a felony.
 
OK, I'm confused. Several people have stated that it is illegal for anyone other than a FFL to mail a handgun. Is that true? If so, I've got a serious problem on my hands. I need to mail a handgun back to the manufacturer for warranty work and according to them I should just mail it flat rate through the post office. This wouldn't be the first time I've done that. Somebody clarify this for me.
 
I was looking over this http://pe.usps.com/text/pub52/pub52c4_009.htm that was posted earlier and it appears you're correct. That brings up another question. The manufacturer told me that I should mail the gun in a flat rate USPS shipping box. If I send it to them UPS, FEDEX etc. I would imagine that they'll still send it back USPS since that was how they wanted me to send it in the first place. If that happens, do you think I'm liable in any way?
 
Not at all. [strike]They can mail it to you; you just can't mail it to them.[/strike] If they were to mail it to you, you would not be liable. However, unless you are an FFL, they should not be using the mail to send it to you.
 
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ttolhurst said:
Not at all. They can mail it to you; you just can't mail it to them.

1. bearcreek would not be liable if the licensed manufacturer mailed the handgun back to him by USPS.

2. The licensed manufacturer would be violating the exact same USPS regulation (and probably committing a Felony by doing so) if they did.

http://pe.usps.com/text/dmm300/601.htm#8_0

12.1.2 Handguns
Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable unless mailed between the parties listed in 12.1.3 and 12.1.5 after the filing of an affidavit or statement required by 12.1.4 and 12.1.6.


12.1.5 Manufacturers and Dealers
Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts.
 
The licensed manufacturer would be violating the exact same USPS regulation (and probably committing a Felony by doing so) if they did.

You are correct. The manufacturer can return the handgun directly to the owner who shipped it them, but they cannot sent it by mail to a nonlicensee.
 
By "licensee", do you mean a person with an FFL? As far as I can tell from the two documents cited, I can not legally send the handgun to the manufacturer or have it sent to me using the USPS unless I go through an FFL.
 
Yes, licensee==FFL. Since you are not an FFL, neither you nor the manufacturer can send the handgun to the other by US Mail.
 
Ok. You're not instilling a lot of confidence in your advice here. First you said they can mail it back through the USPS and now you say it's illegal. Judging from the actual sources, it appears to be illegal either direction.
 
I was mistaken; NavyLCDR pointed out my error, and I corrected my mistake. If you'll look back at my earlier post, I have struck out the incorrect information.

Sorry for the confusion.
 
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