Shipping Handgun

[DGoodale]

I need to ship a handgun to a gunsmith out of state for some work, he's not an FFL holder. I was under the assumption that I can ship this priority overnight USPS to him. Looking over the USPS site it states that I must use an FFL holder to send the package. Is this true? What are my resposiblities to declare the package at the counter? Can the 'smith ship it directly back to me?

Thanks!
The PRK Sux!

Dave

 

[Ringer]

Can't ship handguns via USPS. I have had the best luck with FedEx. Not sure if there is any difference by state but here I can ship to FFL and the FFL can ship back directly to me. You are required to delcare the package at the counter but there should be no indication of the contents on the package itself. You don't need to provide FFL information, it's your responsibility to insure you are shipping to an FFL not the shipping company's. Cost about $35. This is what works for me anyway. Good idea to read on their website and even print out the policy because the counter workers don't always understand it.

Just noticed you edited your post to indicate gunsmith does not have an FFL, or I missed that before. This changes everything. I'm not as clear on this but I believe the FFL will be needed on his end more so than yours. Definetly can't ship out of state between two private parties.

 

[Majic]

Most gunsmiths have an gunsmithing FFL. You can ship to him using FedEx or UPS after you have received his signed FFL copy. If he doesn't I would think hard about shipping to him to do the work. If you do decide then he has to find an FFL holder to send you a signed FFL and you ship to them.

 

[Blue Line]

The gun is not changing ownership so you don't need an FFL. Check the ATF website or call your local office and get squared away.

 

[BluesBear]

Most gunsmiths have an gunsmithing FFL.

There is no such thing as a "gunsmithing" FFL.

Gunsmiths (unlike manufacturers) are covered by a regular 01 FFL. Unless they are also Pawnbrokers (02) or Manufacturers (07).
A non-licensed peron can only ship a firearm to a 01, 02 or 07 FFL holder.

The gunsmith you send it to must have a valid FFL. If not then you must send it to the FFL the gunsmith uses for transfers. The receiving FFL will then transfer the gun to the gunsmith (if off premises) then, upon completing the work, the gunsmith will transfer the gun back to the FFL to send back to your FFL.
Yes back to your FFL.
You see once the gunsmith's FFL transfers the gun to him, the gun no longer belongs to you. Therefore it has to be transferred back to you. Quite a bit of paperwork involved here.

The bottom line is... do NOT send your gun to an out of state gunsmith that doesn't have his own FFL.

 

[Majic]

A 'smith falls under a type 07 FFL. Many have those as they build or modify existing firearms.

 

[EOD Guy]

The gun is not changing ownership so you don't need an FFL. Check the ATF website or call your local office and get squared away.

Bad advice! Ownership has absolutely nothing to do with firearms transfers. As far as the law and regulations are concerned, possession is what matters.

 

[Blue Line]

negative EOD, I just sent mine and had work done so I either was given bad info regarding the shippment or else it slipped thru the crack.

Below is fromt he ATF website:

(B8) May a nonlicensee ship a firearm through the U. S. Postal Service? [Back]


A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.


(B9) May a nonlicensee ship a firearm by carrier? [Back]


A nonlicensee may ship a firearm by 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) and 922( e), 27 CFR 178.31]



(B10) 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.


(B11) May a person who is relocating out-of-state move firearms with other household goods? [Back]


Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her state of residence. Certain NFA firearms must have prior approval from the Bureau of ATF, NFA Branch, Washington, DC 20226, before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance. [18 U. S. C. 922( a)( 4), 27 CFR 178.28 and 178.31]

 

[EOD Guy]

Where did you send it? If you sent it to a manufacturer, they have an FFL. Gunsmiths are also required to have FFL's if they keep firearms overnight.

There are very few exceptions that allow interstate shipment to a nonlicensee. Return of a firearm from repair to the customer is one of them.

Like I said, actual ownership of the firearm has very little bearing. The regulations are concerned with possession and transfer of possession.

 

[Blue Line]

I sent it to a gunsmith out of state for tune up. He had to enter it into his books because it took two months to get it done but the gun never changed ownership. I didn't sell it to him, so it was legal for me as a non ffl holder to send it to him via fedex for him to work on it.

I added to the above post, I think were both saying it correctly just in different ways.

 

[EOD Guy]

You're right. I thought you were saying that an FFL didn't have to be involved at either end. Even if you were selling it, you could ship it to a licensee. An FFL isn't needed to ship.