Shipping non-modern handguns

[walker944]

I did a search and didn't get any results, so here goes....

I understand that shipping a 'modern' handgun across state lines (and within the state for many states) requires the handgun to be shipped to an FFL. I believe I've read that some states also require the handgun to be shipped from an FFL. However, from what I understand the laws are different for 'non-modern' handguns. So, here's a few questions:

• What is considered a 'modern' handgun vs 'non-modern' handgun?
  
• What are the shipping requirements for a non-modern handgun?
  
• Is an FFL or C&R required on either end?
  
• Can you use the USPS to ship a non-modern handgun?

Can someone please post a reference to the law, or at least a website that sufficiently states the requirements and conditions.

 

[nalioth]

If it was manufactured prior to 1898, you can mail it as you will (by Federal law).

After 1898, it'll need to go to a FFL holder of some stripe.

 

[Jim K]

For the purpose of those laws, the only distinction is between antique firearms and modern firearms.

The full definition in federal law of an antique firearm is as follows:

"The term “antique firearm” means—
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof."

In effect, "antique firearms" are not firearms under federal law and postal regulations. But state laws may vary; some states consider any firearm using fixed ammunition as a modern firearm and shipping one into a state, except to a dealer, may put the recipient in violation of state or local law.

The C&R issue is separate; a C&R license is a FFL and the term "licensee" in federal law includes a holder of a C&R license. But postal regulations do not recognize a C&R licensee, only dealers or manufacturers.

Jim

 

[Bezoar]

actually each state and local jurisdiction can make its own determinations for the shipping ruls regarding antiques and replicas of antiques.

most states allow you to have cabelas/bass pro/ taylors &co. and similar companies send you that bp pistol to your door step. However some states such as michigan and illinois require it to be shipped to a FFL.
In michigan bp pistols are treated the same way as your Colt Python is, ie you need to get a pistol purchase permit, then pick it up from the seller/ffl dealer, then go get it inspected. Why is it that way in michigan? well simply because its a handgun.