Ship handgun intrastate without FFL?

[twoclones]

Search function didn't help me find my answer, so...

If I wanted to buy a handgun from someone in my same state [Washington], could they legally ship it to me without using a FFL? I found the following on the ATF website which leads me to believe it is legal if not using the US Post.

May a nonlicensee ship a firearm by common or contract carrier?

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]

Yes, it is legal to do so. UPS and FEDEX will probably not accept the shipment, however, so you are pretty much left to having it sent to an FFL or a face-to-face transfer.

 

[natman]

*IF* you are both residents of the same state it is legal at the Federal level. Then you have to contend with your state laws, if any, and the problem of getting the handgun shipped.

 

[deadin]

You should be able to use the Post Office for long guns. The Postal Regulations concerning the mailing of long guns states:

Mailer must comply with Gun Control Act of 1968 and with state and local laws.

Handguns are dealer to dealer only.

As the LT said, Good luck finding a UPS/FedEx office that will ship for you, so if you have a hand gun, it's not that far across WA and it's a nice drive.....

 

[GonHuntin]

I'm guessing you meant "Handguns are dealer to dealer only" when mailed through the USPS.....it wold be easy to think you meant that handguns can only be shipped ffl to ffl which is clearly not the case.

 

[nalioth]

UPS and FEDEX will probably not accept the shipment, however, so you are pretty much left to having it sent to an FFL or a face-to-face transfer.

Handguns are dealer to dealer only.

Why do these threads ALWAYS end up with peoples opinions instead of actual Federal law?

First off, my UPS hub has shipped every handgun I've brought to them - intra- or interstate w/o any issues at all. FedEx? fuhgeddaboutit!

Second, you do not have to ship handguns between licensed persons intrastate. It may be financially acceptable to do so (since an FFL holder can use the US Mail for handgun shipping and unlicensed persons can't), but it is not required by Federal law.

Your state and local laws may be more restrictive. Look them up.

 

[GonHuntin]

Lots of people just repeat what they hear without checking the accuracy of the info for themselves..........

 

[NavyLCDR]

FEDEX, by written tariff, will not ship firearms between two private parties.

UPS written tariff allows firearms shipments between private parties when legal, HOWEVER, the corporate headquarters, if asked by a UPS employee or private party, will state, contrary to their written tariff, that they will not ship firearms between private parties.

The above two statements are not opinion, they are facts.

Whatever you can get your local UPS or FEDEX counter agents to do is just great. A FEDEX counter agent knowing that I was sending a handgun to a manufacturer for repair asked if I wanted to send it via Ground. I said "Heck, yes!". All I know is what I have personally read and verified regarding FEDEX and UPS policies.

 

[deadin]

Why do these threads ALWAYS end up with peoples opinions instead of actual Federal law?

If you would bother to read and comprehend what I was posting about, you should see that I was speaking of US Postal regs, not "Federal" law.:banghead:

 

[divemedic]

If you read the actual law, it says that you do not have to notify the carrier that the package contains a firearm if the package is not being transported in interstate commerce.

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

 

[NavyLCDR]

Dang, Divemedic, with all the other "stuff" going on here, you had to bring that into it too, didn't 'ya!

 

[krs]

An interesting aside to the generally accepted belief that UPS, as a matter of company policy, requires that handguns be shipped via their 'Next Day Air' service - the most expensive method they offer.

I have a used Dan Wesson pistol in transit from Bud's Gun Shop. Bud's does a thorough job of informing customers of the progress of their orders including the sending of tracking information along with a quick link to the carrier website.

I'll admit to some surprise when I followed the provided link from Bud's notification that my gun is on it's way in finding that my Dan Wesson was sent via UPS "2nd Day Air" service, which I know to cost about half of the next day service.

(Bud's ships all purchases for free to the customer, in case someone didn't know that).

For the topic: Postal (USPS) regulations are federal law.

 

[NavyLCDR]

From the UPS written tariff/terms and conditions of service:

J.
Firearms and Ammunition
UPS accepts packages containing firearms, as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code, from and between licensed importers, licensed manufacturers, licensed dealers and licensed collectors, as defined in Title 18, Chapter 44 of the United States Code, law enforcement agencies, from and between persons not otherwise prohibited from shipping firearms by federal, state or local law, and when such shipment complies with all federal, state and local laws applicable to the shipper, recipient and package.

The shipper must use Delivery Confirmation Adult Signature Required service for each package containing a firearm, including handguns. UPS, in its sole discretion, may require the shipper to select a UPS Next Day Air Service for any package containing a firearm. Handguns, as defined by 18 U.S.C. § 921, will be accepted for transportation only via UPS Next Day Air Services. Firearms, including handguns, will not be accepted for transportation via UPS Drop Boxes, UPS Internet Shipping, in response to a request for UPS On-Call Pickup® service, or when presented for shipment at locations of The UPS Store or any Third Party Retailer.

Small arms ammunition, as defined in 49 C.F.R. § 173.59, will be transported only when packaged and labeled in compliance with 49 C.F.R. § 172.

Firearm parts, which do not constitute firearms as defined under federal law, including without limitation Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code, and which otherwise comply with federal, state, and local law, will be accepted for transportation.

UPS Returns Services are not available for packages containing firearms. Firearms, including handguns, and firearm parts are not accepted for shipment internationally. For more information, access http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html, or contact UPS.

 

[divemedic]

UPS policy is not law. According to the law, I do not even have to tell them it contains a firearm if:

1 I am shipping it TO an FFL holder
2 I am not shipping it in connection with interstate commerce

 

[Oro]

I'll admit to some surprise when I followed the provided link from Bud's notification that my gun is on it's way in finding that my Dan Wesson was sent via UPS "2nd Day Air" service, which I know to cost about half of the next day service.

Like almost any business, Bud's can negotiate with vendors for bulk or contract deals. They can have a contract with UPS that let's them do it, possibly at the exclusion of using the contractors liability and incurring that for themselves. Remember, it's UPS that imposes the "next day" rule on retail customers, it's not required by law. UPS is free to ship anyway it wants, it just chooses to make it difficult and expensive for retail consumers. This is why I do all my shipping - ALL of it, via the Postal Service.

UPS might cut this deal to keep Bud's business instead of them doing their business with the post office - which as an 01 FFL they are allowed to do. I would even bet Bud's is paying a lot less than posted rates for 2nd day air, too.