Shipping out of state

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Dan Forrester

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About a week ago I sold a gun on THR to some one out of state (Kansas). Now as I understand it I can ship a gun myself (I mean physically put the gun in a box and ship it out via UPS, FedEx ect) as long as it is mailed to an FFL in that state. Is this true or do I have to give it to my FFL and have him ship it to the FFL in the other state (FFL to FFL)?

And yes I did search and didn’t find a clear answer.

Thanks, Dan
 
I just shipped two guns to different states. You can legally ship directly to an FFL. You will need a copy of his FFL to show to FedEx or UPS.

The hard part is finding an FFL willing to accept shipments from a non-FFL. Most I spoke to required an FFL to ship it so they would have a paper trail on the weapon.

I eventually had to take the guns back where I bought them and have them ship them for me. It ended up costing me $140 all said and done to ship two guns to two different states.
 
Playboy is right in that a lot of FFLs will not accept shipment from nonFFLs. I have found that if you have to ship from an FFL to an FFL, many times it is cheaper to go through a pawn shop that has an FFL. For some reason, pawn shops don't charge near as much as a gun shop.
 
I was just informed by a rather trustworthy source (to me, anyhow) that any private person can ship a complete (presumably unloaded) firearm directly to an FFL... without a copy of the license.
Heck, for that matter, I was explicitly told not to label the contents as "gun", "rifle", "firearm", etc... as it basically translates to "STEAL ME" in UPS-speak.
I'll let you know if the MiBs show up at my door. ;P
 
I was just informed by a rather trustworthy source (to me, anyhow) that any private person can ship a complete (presumably unloaded) firearm directly to an FFL... without a copy of the license.
You can do this by getting his FFL number, confirming it's validity on-line through the BATFE's EZ-Check, and shipping to the FFL's address shown there. The key is, you are legal to ship a firearm to a valid FFL holder in another state. Question is, how do you know he's a valid FFL holder? Usually by getting a copy of his license to confirm it, but you can also confirm it via EZ-Check. The whole idea behind getting a copy of the FFL is to confirm you're shipping to the address of a valid FFL holder.
 
Ah, good point, good point. Better to be safe than sorry and doing some 'splainin' to the good ol' boys of the BATFE.
In my case, it's not a cause for concern, but if I were shipping something to Joe Blow's Pawnshop, yes, might be wise to make sure he has a valid FFL. However, no one except the individual doing the shipping should need to see that. I.e., *don't* go showing it to the UPS guys.
 
WeedWhacker

None of the shipping agencies I spoke to (FedEx, UPS, and DHL) would ship without a copy of the FFL. And the box must be declared as a firearm or you are in a heap of trouble if it is found during random screening. You have to present the package unsealed so they can verify that it is unloaded.
 
PlayboyPenguin

Hm. Looks like (18 USC 922 e) covers this.

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; [...] 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.

So, insist that the box not be labeled as containing a firearm (by federal law), sure. But that still appears to say that as long as the person someone ships a firearm to is indeed a current FFL holder, the carrier doesn't need to be informed. Obviously, for liability reasons, the carriers want to be informed... but the only rules you'd be breaking are the carriers', not federal law (in regards to the above law)... which is trivial.

I am *not* a lawyer.
 
WeedWhacker

Actually, the little copy of the federal law that they provide when you ship says that if you do not delare it a firearm you are subject to fines up to $50,000 and two years in prison (or something like that, not dead sure on the amounts but it was in this range). Didn't seem worth the risk to me to try and make a point. Plus, I am betting you would never see that firearm again. The rules were very specific about how you can ship (only overnight) and that you had o declare it. :)
 
1. It is a violation of federal law not to tell the carrier that the package contains a firearm; it is also a violation for them to mark, or require a marking, on the outside saying it is a firearm.

2. You cannot mail (via USPS) a handgun to anyone anywhere unless you are an FFL dealer; you must use a common carrier (UPS, FedEx, etc.).

3. You cannot ship a firearm to anyone outside your state other than an FFL licensee. Normally, that would be a dealer, but in the case of C&R items it can be a C&R licensee. (There are exceptions, but none apply here.)

4. You should have a copy of the receiver's FFL. Do NOT ship without it, as you have no way of knowing he is a licensee and you could get in deep trouble if he is not. If it is a dealer, check the BATFE web site to be sure the license is legitimate and the address is valid; FFL's have been forged with a fake address to get guns shipped to unauthorized persons.

5. When shipping to an FFL holder for delivery to an individual, the actual recipient should make arrangements with an FFL holder in his area to receive the gun and the FFL holder should send you a copy of his FFL.

6. Sending a gun to an FFL holder "cold" without prior notification that it is coming could create problems. Some licensees will turn a "strange" gun over to the police or BATFE to avoid any possible entrapment schemes. A licensee must be able to show BATFE the source of every gun in his book.

Jim
 
Jim Keenan

Just to sate my curiosity, what part of the USC dictates such claims? I agree, better safe than sorry, but I prefer confirmed facts to "some guy on the Internet"...

I'd edited my above post with the section of USC that appears to apply to this situation, and, although I'm not a lawyer, appears to indicate that the problem only arises when shipping to someone other than "licensed importers, licensed manufacturers, licensed dealers, or licensed collectors" using common carriers (UPS, FedEx, DHL, etc.).
 
WeedWhacker

Go to UPS or FedEx and as for a copy of the stauate that covers the firearms shipping. They gave me one when I went to ship. I did not keep it though. It is pretty clear.
 
Bad Info

Sorry Jim, some of that was just plain wrong. :)

I'll quote Jim here:

1. It is a violation of federal law not to tell the carrier that the package contains a firearm; it is also a violation for them to mark, or require a marking, on the outside saying it is a firearm.

Bzzzt!! FALSE!! As another poster earlier showed, if you are sending it to a Licensee, you DO NOT HAVE TO DECLARE TO THE SHIPPER!! (USPS is it's own thing) UPS, FedEx, you don't gotta tell em it's a gun. Now, if you don't it might get seized as undeclared according to their Policy, lost, your insurance will be invalid, but it is LEGAL by the Feds.(check your State's laws)

4. You should have a copy of the receiver's FFL. Do NOT ship without it, as you have no way of knowing he is a licensee and you could get in deep trouble if he is not. If it is a dealer, check the BATFE web site to be sure the license is legitimate and the address is valid; FFL's have been forged with a fake address to get guns shipped to unauthorized persons.

Well, many FFLs won't send a copy to a non-FFL. It is silly, but that's the way it is. LEGALLY, you just need to be sure that you are sending it to a valid FFL at a good address. EZ-Check tells you all you need to know. You, as a non-licensee, don't NEED a copy of the recipient's FFL. There is no law to that effect and ATF won't really care if you have that copy or not. Always EZ-Check! (Now if they would just add C&Rs to EZ-Check!)

5. When shipping to an FFL holder for delivery to an individual, the actual recipient should make arrangements with an FFL holder in his area to receive the gun and the FFL holder should send you a copy of his FFL.

Again, many FFLs won't send a copy, but the rest of that item is correct. Always have the recipient make arrangements (CLEARLY!) before asking you to ship a gun to his FFL.


Futuristic
 
That's 18 USC 922. ( www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html )

Again, I'm no lawyer, but reading that using plain English states that as long as the recipient is a "licensed importer, licensed manufacturer, licensed dealer, or licensed collector", there is no crime being committed by the individual shipper. Where am I missing it?
 
Futuristic

I will have to side with the other guy on the "declaration" topic. The stauate they showed me clearly stated that it "must be declared" and it was taken directly from a paragrapgh of the law itself. I just did this yesterday so it is still pretty fresh in my mind. When did you last ship to an out-of-state FFL? Maybe the rules have changed.

As far as shipping without the copy of the FFL, you can say it is legal all you want (and you are probably correct) but since there are only three legal carriers, and none of them will ship without it, that is pretty much a moot point.
 
1. It is a violation of federal law not to tell the carrier that the package contains a firearm; it is also a violation for them to mark, or require a marking, on the outside saying it is a firearm.
Go to UPS or FedEx and as for a copy of the stauate that covers the firearms shipping. They gave me one when I went to ship. I did not keep it though. It is pretty clear.

AJNTSA!

The "statute", also known as U.S.C. 922 (e) and 27 CFR 128.31 clearly states failure to notify the carrier is against the law only when you're shipping to other than a licensed importer, manufacturer, dealer, or collector. Someone above even emphasized it for you.

But don't believe me. You shouldn't. Let's go to the BATF for an interpretation. Here it is again.

batf1.jpg
batf2.jpg

Read it. Print it. Know it. Live it.

Let's NOT go through this every 3 weeks.
 
Just out of curiosity, if you are only allowed to ship to a licensed dealer, manufacturer, etc how can there be provisions for when you ship to someone that is not licensed?

Also I see that is dated 2001. The provision they show you at FedEx is from 2005 if I remember correctly and my dealer told me they just recently changed the law (part of this change allowed to fax FFL forms instead of send hard copies).

Long story short. All the carriers require you to inform them. If you do not they can legally seize your package. Also they require a copy of the FFL or they will not ship it.
 
Also they require a copy of the FFL or they will not ship it.

They may require it, but they don't always enforce it. I've shipped a few via UPS and USPS and never have been asked to show a copy of the recipients FFL.
 
Just out of curiosity, if you are only allowed to ship to a licensed dealer, manufacturer, etc how can there be provisions for when you ship to someone that is not licensed?
You're not reading carefully. This statute only relates to informing the carrier. You need not inform the carrier (by law, not by carrier policy) if you are shipping to one of the four listed "licensees." Shipments can still be made to persons other than those four categories of licensees, i.e. when the factory ships your repaired firearm back to you (non-licensee), when you ship to yourself (non-licensee), or when you ship to a non-licensee in the SAME STATE. In those cases, the law says you must inform the carrier.

Also I see that is dated 2001. The provision they show you at FedEx is from 2005 if I remember correctly and my dealer told me they just recently changed the law (part of this change allowed to fax FFL forms instead of send hard copies).
FedEx show you FedEx policies. I doubt very strongy they trotted out 18 USC 922 (e). The statute has NOT changed, so the fact it's a 2001 interpretation doesn't matter. The underlying LAW has not changed. The current statute is available online. Look it up.

Long story short. All the carriers require you to inform them. If you do not they can legally seize your package. Also they require a copy of the FFL or they will not ship it.
Long story short: this is wrong. Yes, carrier policies DO require you to inform them. But, since there is NO markings allowed on the outside of the package to indicate it's a firearm, how does Smedley at the sorting center KNOW if you informed the counter geek it's a firearm when you shipped it? Secret stamp? Special label? (No.) And, NO, they do not require you to show them a copy of the FFL when you ship it. At least FedEx's policy doesn't. I have shipped numerous firearms through FedEx, and I have NEVER had to provide the FFL. On those times I've declared it as a firearm, I've had a few who knew it had to go Priority Overnight, and one even knew it was supposed to be "inoperable," and I've had a LOT who grabbed the book and read me the policy word-for-word as we shipped it "together," but I've never had to show an FFL. Here's the current FedEx policy (from their website):
Restrictions specific to FedEx SameDay (Excerpted):

2 (a): The following items are prohibited and will not be acceptable for shipment by FedEx SameDay service: Firearms.
Firearms. FedEx will only accept shipments of firearms when either the shipper or recipient is a licensed manufacturer, licensed importer, licensed dealer or licensed collector and is not prohibited from making such shipments by federal, state or local regulations when these conditions are met. FedEx will accept and deliver firearms between all areas served in the U.S. and Puerto Rico.

Firearms must be shipped via FedEx Priority Overnight and may not be sent C.O.D. Upon presenting the package for shipment, the shipper is required to inform FedEx that the package contains a firearm. Firearms may not be shipped in one complete piece. When tendered for shipment, the firearm must be rendered inoperable, either by removing the firing pin in the gun and disconnecting the barrel, or by some other means so the package does not contain a completely assembled, usable weapon. The outside of the package should bear no label, marking, or other written notice that a firearm is contained within. This includes the abbreviation of the name of the shipper or recipient if the name would clearly indicate that the package could contain a firearm. Firearms and ammunition may not be shipped in the same package. Ammunition is always an explosive and must be shipped as Dangerous Goods. Signature release is not available for shipments containing firearms.

The shipper and recipient are required to comply with all applicable government regulations and laws including those pertaining to labeling. The local division office of the Bureau of Alcohol, Tobacco and Firearms (ATF) can provide assistance with the packaging and shipment of firearms.
Here's UPS's Policy, also from their website:
Shipping Firearms Including Handguns

Customers must observe the following procedures to ship firearms (including handguns) via UPS:


UPS will accept firearms for transportation only according to the terms and conditions in the UPS Tariff.
UPS accepts firearm shipments from UPS daily pickup accounts and through UPS Customer Centers. UPS daily pickup accounts can also ship firearms, not including handguns, through UPS Internet Shipping, On-Call PickupSM, and One-Time Pickup. Firearms are not accepted for shipment via UPS Drop Boxes, UPS SonicAir BestFlightSM service, or international service. Firearms will not be accepted when presented for shipment at locations of The UPS Store or any third-party retailer.
UPS accepts handgun shipments from UPS daily pickup accounts and through UPS Customer Centers. Handguns are not accepted for shipment via UPS Drop Boxes, UPS SonicAir BestFlight service, UPS Internet Shipping, UPS On-Call Pickup, UPS One-Time Pickup, or international service. Handguns will not be accepted when presented for shipment at locations of The UPS Store or any third-party retailer.
The shipper must affix a UPS label, requesting an adult signature upon delivery, to each package containing a firearm.
Packages containing handguns must be shipped via UPS Next Day Air Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® service.
Packages containing handguns must be segregated from other packages being tendered to UPS. Handgun shippers must verbally notify the UPS driver or UPS Customer Center clerk of any package containing a handgun.
UPS prohibits the inclusion of ammunition in packages containing firearms, including handguns.
Show me where it says you must show them an FFL.

Now, having said all this, we ALL know that counter help is counter help, and you CANNOT rely on them to have the right word, or even to know where to get the right word. Everyone on this board has read posts where the FedEx/UPS employee didn't know the policy, spouted the WRONG policy, couldn't FIND the policy, etc. Results go from great ("Oh, a gun. OK. Ground is cheaper.") to hysterical ("A gun! You can't ship/own/think about GUNS!"), and everywhere in between. You owe it to yourself to know the policy, and the law, and know which is which.
 
ScottS

I just shipped with them the other day, plus I just called their corporate number and they DO require a copy of the FFL. Call them yourself.

As for how they will know you declared it, every box has a paper trail. if you box was scanned in a random screen and had a firearm in it they would check to see if it had been declared. if not they would seize the package. Again, if you do not believe this call them yourself.

As for the law changing, I just called my dealer and asked again and he said laws regarding shipping of firearms were indeed amended just recently.

I am not an expert on these matters and only know what little I do from real life experience of shipping the firearms. If you are a lawyer or ship regularly and recently please relate your experience. Quote stuates and then giving your interpretation of them means little in the real world. Every thing alot of people told me was "legal" was not "possible" when I was shipping.
 
It's all pretty clearly laid out on BATf website, and it ain't rocket science.

Use that googlethingee and stop wasting time hashing opinions and my dealer said, the fedex clerk said whatever.
 
As for the law changing, I just called my dealer and asked again and he said laws regarding shipping of firearms were indeed amended just recently.

I am not an expert on these matters and only know what little I do from real life experience of shipping the firearms. If you are a lawyer or ship regularly and recently please relate your experience. Quote stuates and then giving your interpretation of them means little in the real world. Every thing alot of people told me was "legal" was not "possible" when I was shipping.
There are none so blind as those who will not see.

1. The law on shipping firerarms did not change. I quoted the current statute. And you quoted...nothing. What your dealer is talking about is the recent BATFE ruling that says you can ship firearms now with a fax'ed copy of the FFL as proof. Didn't use to be that way. If I cared more, I'd find you the BATF Circular Number, but I don't. Do whatever your FFL says. God knows THEY'RE never wrong. (BTW, ask him to cite the "new law," number and paragraph.

2. Please use your reading skills and read my post. It says, "But don't believe me. You shouldn't. Let's go to the BATF for an interpretation." Let's see. I posted a BATFE interpretation, quoting exact statue and paragraph, directly on point. You posted...again, nothing. "Well, my dealer says..." Yeah, nice.

You do whatever you want.
 
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