Shipping a rifle out of state

[Kevlarman]

Ok folks, here's the skinny:

My friend's brother bought a rifle while he was still living here in California.
He has sinced moved to Florida.
The rifle is still at the parent's house.

Can the friend legally ship his brother's rifle to his new address in Florida, or does he have to send it to an FFL local to him? Would he need a signed copy of the FFL itself in order to ship?

Thanks!

 

[Autolycus]

If it is his rifle then he should be able to. I would suggest FEDEX or UPS over USPS. But I believe it is legal to ship a rifle to yourself if your the proper owner.

 

[Trebor]

No. The rifle has to be shipped to a FFL holder. Since it is a long gun and not a handgun though, it CAN be shipped via USPS. (Only a FFL dealer can ship handguns via USPS. All others must use Fed Ex or UPS).

There is no legal requirement that the "shipper" have a FFL, just the receiver must have a FFL. Unfortunately, many FFL dealers will only accept firearms shipped by other FFL holders. You'll need to check that with the dealer that agrees to receive the rifle.

You will need to verify the FFL status of the person receiving the rifle. A signed FFL is a good way to do that. If you have a FFL dealer ship the rifle, he can verify it himself via EZ check. I don't think that service is available to non-dealers though. (Someone please correct me if I'm wrong on that)

 

[CDignition]

you can ship your own rifle to yourself, without using an FFL. There is no transfer. HE should be able to ship it to his new home here in America.

 

[Kevlarman]

Purely hypothetical, but what if the box were labled as to show that both the sender and receiver of the rifle were the same person (the brother)?

Background:
The rifle was purchased by my friend, who in turned gave it to his mother, who in turn gave it to her other son (my friend's brother). In California, longarms transfers between immediate family members do not have to go through an FFL, and all parties involved are legally allowed to own said rifle.

 

[Trebor]

Purely hypothetical, but what if the box were labled as to show that both the sender and receiver of the rifle were the same person (the brother)?

Don't try to get cute with the law and look for a loophole that will let you do what it seems like what you want to do. Is the small amount of money you'll (or your friend, whatever) save by not paying a FFL to accept the firearm on the receiving end worth the huge potential legal risk you are opening yourself up to?

The issue isn't the "transfer of possesion" of the rifle so much as the shipping of the rifle. So the fact that California state law doesn't require you to go through a dealer when a firearm is transfered within a family is entirely irrelevant.

Your friend is in Florida. Unless he flies back to California, mails the rifle out to himself, and then flies back to Florida to receive it, he isn't really "shipping it to himself." Besides, I *still* don't think "shipping it to yourself" is legal in the first place. It needs to be shipped to a FFL holder in this circumstance.

Legal advice on the internet is worth what you pay for it. My advice at least would keep your friend out of trouble, no matter what, at only a small expense.

 

[WeedWhacker]

Besides, I *still* don't think "shipping it to yourself" is legal in the first place. It needs to be shipped to a FFL holder in this circumstance.

I can't find the law in question, but the ATF FAQ states thus:

"(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

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."

So, if the owner flies back to CA, boxes up the rifle and sends the package to himself at his FL address, there is nothing illegal about that.

 

[EOD Guy]

You will need to verify the FFL status of the person receiving the rifle. A signed FFL is a good way to do that. If you have a FFL dealer ship the rifle, he can verify it himself via EZ check. I don't think that service is available to non-dealers though. (Someone please correct me if I'm wrong on that)

The FFL eZ Check is available to anyone. See the link.

FFL eZ Check

 

[Kevlarman]

Thanks for your responses everyone.

I will notify my friend.
It just so happens that his brother will be visiting soon, and he can ship the rifle to himself when he arrives.

 

[esq_stu]

If you were moving and hiring a moving van, you could put it on the truck. Seems to me there's no difference between that and using UPS.