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Shipping a gun given to me from WV to MO

Discussion in 'General Gun Discussions' started by GWARGHOUL, May 18, 2011.

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  1. GWARGHOUL

    GWARGHOUL Member

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    Just wondering if its legal to ship a gun given to me by my great grandpa from WV to MO via UPS, or if it would be better to case it and check it in and fly back with it?

    He's old school, and paperwork other than a signed statement from him with his name, address and phone number, and the gun make and serial number stating he is giving it to me as a family heirloom is out of the question.

    If I was driving, I guess it would not be an issue. I did that back in Feb. He gave me two 22 rifles. This time I may be getting a pistol.. or his 50 something year old browning 20 gauge with the gold trigger (He told me today that when he leaves this world, he's leaving it to me)...I'll be traveling by car from WV, through VA I believe back to NC at my Mom's, and then flying back to MO.

    Whats the best way that's either legal, or closest with the least hassles?

    Thanks!
     
  2. jbkebert

    jbkebert Member

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    Yes it is legal to ship said gun via UPS. However since it is crossing state lines it must be shipped to a FFL license holder. From that FFL of your choosing you must fill out the NCIC form and pass the phone in background check. Most FFL charge some sort of fee for this service around here its $15 to $20.

    Find a firearms dealer and inquire about a firearm transfer and see what their fee's and any special requirements for your state or dealer.

    I have done this dozens of times with no problems. Both on the shipping and receiving end. The person shipping just needs the FFL address and a copy of thier FFL certificate to ship. Have it shipped insured a rifle or shotgun can go standard but a handgun is to be overnighted.
     
  3. GWARGHOUL

    GWARGHOUL Member

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    Without going the FFL way, I guess I could just check the gun it, then?
     
  4. jbkebert

    jbkebert Member

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    FFL is the only legal way to ship a complete firearm across state lines.
     
  5. docnyt

    docnyt Member

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    You cannot cross state lines unless the guns are already yours. You will have to go through an FFL on at least the receiving end. Stupid law but it's the law.
     
  6. kingpin008

    kingpin008 Member

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    In this case, perhaps. But in general, there are multiple ways to legally ship a complete firearm across state lines.

    If you're going to comment on the legality of something, try to be a little more specific, lest someone reading get confused.
     
  7. dogtown tom

    dogtown tom Member

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    STOP before you go and commit several more Federal crimes....

    It's legal for YOUR GRANDFATHER to ship the guns to an FFL in your state.
    Federal law prohibits you from receiving the firearms directly from your grandfather.

    If a rifle or shotgun:
    1. Your grandfather could go with you to a licensed dealer in his state and transfer the firearm through the dealer to you. You would complete a Form 4473 and pass the FBI NICS check before taking possession.
    2. Your grandfather could ship the rifle or shotgun to a licensed dealer in your state, where you would do the 4473/NICS before acquiring possession.

    If it is a handgun:
    1. It can only be shipped to a licensed dealer in your state for transfer.

    I'm not sure what "old school" means in this context....but he commits a Federal crime by just handing the guns to you without following the law. (and that signed statement doesn't satisfy any Federal requirement)


    It's a HUGE issue........you and your grandfather each committed violations of Federal law by doing that.....:uhoh:



    Probably a separate count in the indictment for each time you illegally transfer take those guns across state lines.:eek:
     
  8. medalguy

    medalguy Member

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    If he's in the same location as his grandfather, could the grandfather not make a gift of the firearms to him right then and there? Then he could ship the long guns to himself, but the pistol would still need to go thru a FFL, correct?

    Dang the federal laws cause a lot of extra work and confusion, and for no really good reason IMO.
     
  9. docnyt

    docnyt Member

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    Even if the grandfather were to give the firearms as a gift, it would still require going through a licensed dealer because the OP is from a different state.
     
  10. MachIVshooter

    MachIVshooter Member

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    Or he could just take possession of the long gun and ship it to himself (or take it on the plane in accordance with FAA/TSA requirements). It is perfectly legal to buy long guns interstate without FFL involvement under federal law. It is only illegal for a non-FFL to ship to another non-FFL interstate.
     
    Last edited: May 19, 2011
  11. docnyt

    docnyt Member

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    Please don't ask the OP to commit a Federal crime. He is from a different state and cannot legally take possession of his grandfather's firearms without going through an FFL, unless his grandfather dies and he is named to inherit them then that is one of the few exemptions that I know of that he can legally transport them himself.
     
  12. Sam1911

    Sam1911 Moderator

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    Listen to Dogtown Tom and docnyt.

    If you don't live in the same state as your grandfather, he CANNOT legally give you a gun to take home with you. Transfers between individuals who are residents of different states MUST go through a dealer or both the giver and the receiver commit federal felonies.

    If they are long guns they can be transferred to you at a dealer in either his state or yours. If they are handguns they must be transferred to you at a dealer in your state.

    There is no "family" exception to that law. The only exception is if the giver has died and the firearm is passed to an heir as part of a will or through intestate succession.
     
  13. GWARGHOUL

    GWARGHOUL Member

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    The easiest way seems to be to just check it in on the airline.

    I'll go ahead and have it transferred while I'm in town.

    Both FedEx and UPS say I must go through a FFL or collector etc. Forget all of that. second bag check in is $35.

    NOW...

    How hard is it to find a locking case for a pistol or rifle... just about any gunshop? or online with QUICK delivery as I'll only be in town a week.
     
  14. kingpin008

    kingpin008 Member

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    Dude, you can't just check them on the airline. The only legal way for you to get them back home is for your grandfather to ship them to a FFL in your state and for you to fill out the 4473/etc. like you would for any other purchase or transfer. If you take them back with you on the plane, you've committed a federal felony.
     
  15. rellascout

    rellascout member

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    +1 You might not get caught but if you do you are looking at a federal felony. Where in WV are the guns? Go to a local FFL. Have your Grandfather transfer the guns via the FFL. The WV FFL can ship them to MO priority mail. Then transfer them at your local FFL in MO. Your Grandfather can ship it directly to your local FFL but he will have to use UPS/FedEx Overnight which will cost more than an FFL transfer in most states.

    It is my understanding you can only take firearms you "own" with you on a flight. Until the guns are transferred to you you are breaking the law.
     
    Last edited: May 19, 2011
  16. jjk308

    jjk308 Member

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    Not true. If you already own a long gun- get an FFL transfer in the state you're in, if state laws allow it, then you can ship the gun to yourself at your home. See a local dealer to see if its legal to transfer it. It is perfectly legal to ship your own gun to yourself for any legal reason and hunters and competitive shooters do it all the time. Check the BATFE regs if you don't believe it.
    UPS it has to go from a UPS shipping center, not franchise store.
    Fedex - any shipping center or Fedex Office.
    Or the post office.
    I usually use Fedex because I have an account and they never ask questions. Too many ignorant UPS clerks try to make up regulations on their own.
     
  17. kingpin008

    kingpin008 Member

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    JJK - that's just the problem, he may own the gun, but he can't take possession of it. His grandpa can't just gift it to him like that if they live in different states. It has to go through a FFL on the OP's end to be legal. Therefore, none of what you suggest applies.
     
  18. rellascout

    rellascout member

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    He does not own the gun. His Grandfather does. His Grandfather lives in WV he lives in MO. They reside in different states. Therefore they cannot do a face to face transaction in WV.

    The grandfather could transfer the gun to a WV FFL who can then transfer it to him because A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. This only applies to long guns and depending on the state where the purchaser resides "black rifles" may not be considered long guns. None of what you are proposing applies to a pistol.

    The Grandfather wants to do a face to face deal so the point is sort of moot. They cannot do a face to face private transaction therefore he cannot become the owner of the gun and transport it himself via plane or common carrier.

    Again I believe the grandfather can ship the gun via common carrier to a FFL directly in MO.
     
  19. GWARGHOUL

    GWARGHOUL Member

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    I'm on past the debate, guys.

    What I'm looking for is a good locking pistol or rifle case (not sure what he's going to give me this visit).
     
  20. kingpin008

    kingpin008 Member

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    That's the thing, it's not a debate. It's statement of fact regarding the law. If you feel like risking you and your grandfather's freedom (these are 10-year felonies, btw) go ahead. But don't kid yourself that the issue has two sides.

    As far as locking cases, google "TSA approved locking gun case". You'll have plenty to choose from.
     
  21. rellascout

    rellascout member

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    Sorry but people like you give law abiding gun owners a bad name. This thread should be locked and you should consider your actions carefully.
     
    Last edited: May 19, 2011
  22. GWARGHOUL

    GWARGHOUL Member

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    Woah woah, buddy. Maybe you can't read.

    I said we were going to do the transfer...way back earlier in the post. The debate as to whats legal kept going, after I decided I was going to do the transfer. As in, I'll see what the local gun shop says, either way I want a locking case.
     
    Last edited by a moderator: May 20, 2011
  23. rellascout

    rellascout member

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    Sorry but you are clearly ignorant of the law. There is no way you are going to transfer a pistol in WV. You should be able to do a long gun if you find a FFL who will do it.

    You have already admitted to committing a felony....

    If I was driving, I guess it would not be an issue. I did that back in Feb. He gave me two 22 rifles.

    Sorry but your actions reflect poorly on the rest of the shooting community.
     
    Last edited: May 19, 2011
  24. chiggerbyt

    chiggerbyt Member

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    GWARGHOUL,
    Send me a pm. I am an FFL in the St. Louis, MO area. chig
     
  25. kingpin008

    kingpin008 Member

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    What you don't seem to understand, is that you CAN'T have it transferred to you while you're in state. The only legal way to do it is to have it shipped to a FFL in your state. So, unless you're planning on checking an empty gun case on your flight back home, we were correct in assuming that you were flirting with a felony.

    In short, if you don't like people calling you a poor example of gun ownership, don't go around misunderstanding or ignoring the law.
     
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