You're worried the ATF is going to be at your door because you followed US law but broken UPS company policy...?However--if the box is opened and contains a firearm that was not declared there will be a very big delay and your firearm may end up with a govenment agency if it was not declared at time of shipping.
I'm not sure that I agree with you there. Most manufacturers will warn you to not put the company name on the box just because it increases the chance of theft if they know whats inside. I kind of like the idea of my $800 package getting lost in a sea of boxes with vintage table lamps off ebay, funny shirts, cookies from mom, and martial aids from california...kind of like not flashing your wallets contents at the checkout line. Ymmv but I feel no obligation to tell people the contents of my mail, letters or packages, unless its hazmat.You SHOULD tell them what's in the box
If you read the codes cited, you will see that the FAQ is a broad oversimplification and is inaccurate. Notification is not ALWAYS required when shipping via contract or common carrier.
You're worried the ATF is going to be at your door because you followed US law but broken UPS company policy...?
I ship handguns USPS priority w/delivery confirmation. I do not tell anyone there is a gun inside // yes probably a taurus
You may NOT ship a firearm to a non-licensee. TO DO SO IS A FEDERAL CRIME.
You MUST declare that the item you are shipping is a firearm. TO SHIP A FIREARM WITHOUT DOING SO IS A FEDERAL CRIME.
(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]
(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
(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.
Originally posted by 10 Ring Tao:
If you read the entire thread, thats one of the points, is the question whether the shipping company should be told. Legally, they don't have to be. Any rule saying they need to be told is a company policy, not law.
See Zundfolge's post above yours. It is the law that you have to notify them what you are shipping is a firearm.
Mr. Sworn Officer, before telling people what they're doing is illegal and admonishing them for their bad behavior, would you kindly cite the law they're breaking in not notifying UPS/feded that its gun they're shipping to a FFL?You MUST declare that the item you are shipping is a firearm. TO SHIP A FIREARM WITHOUT DOING SO IS A FEDERAL CRIME.
To the original poster: congratulations. You just admitted that you have committed a Federal felony-level offense in a public forum. I hope you get arrested.
Call me a JBT, a tail-light chaser, whatever! I don't give a rip--I am a Sworn Officer, and some of you folks need to wake up and smell the coffee! If you are going to do something ILLEGAL, that's your business--but keep it to yourself, please! I REALLY don't want to read about your Criminal Stupidity.
Oh now come on, you're a LEO, you don't bring people in on FAQ charges, you probably have a specific law to charge them with violation of if you're going to arrest them. Thats what I'm asking you for. Both the ATF faq and I have provided the relevant portions of the USC for you to read. I've provided a letter from the ATF that elaborates more on that code than the 1 line faq. Don't "cop out" and say thats all I know, put the leg work into this and learn something new. I've given you the means to learn something new, you don't have to search for the code of the ATF letter, I've provided a link to them both.The quote and cite is direct from www.atf.gov, in their FAQ section.
You go ahead and argue with BATFE if you wish. I won't.
tecumseh said:See Zundfolge's post above yours. It is the law that you have to notify them what you are shipping is a firearm.
its not entirely uncommon for the person at the UPS counter (mind you we're talking about a hub, not the UPS place in the mall) to not be experienced with firearms. Most people have pretty good luck asking the UPS person to pull out their guide book and look up firearms, or to call for a supervisor. You might also print and bring their company policies with you in the future. http://www.ups.com/content/us/en/resources/prepare/guidelines/firearms.htmlIn August of 2006 I tried to ship a handgun back to the manufacturer for repair. I was told by both fed-ex and UPS that I could not ship a handgun. That it had to be sent by an FFL to the manufacturer and had to be returned to the FFL.
18 U.S.C. 922(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.