Shipping rifles in Texas

[Monkeybear]

I have looked all night but Im tired and I just cant find it.


I have heard that if I want to exchange a rifle with a Texas resident in Texas as a resident of Texas myself I can simply mail it to him/her without going through a FFL. Can two Texas residents mail each other rifles, in Texas, without going though a FFL?

Where dose it say this? I have looked over the Texas gun laws but I couldnt find anything about in-state sales.

Any help?

 

[57Coastie]

Monkeybear,

I suspect you are looking in the wrong books. There may be something I am not aware of about this in Texas law, but I believe you ought to be looking at federal law. Even if there is something on your question in state law it will be preempted by federal law if inconsistent.

Jim

 

[deadin]

Even if there is something on your question in state law it will be preempted by federal law if inconsistent.

Jim,
I think you are misinformed on this. If true, how does CA get away with their draconian laws, why can't I have a Class 3 in WA, etc.? These aren't against Federal law, but the States have been allowed to get away with them.

Dean

 

[MudPuppy]

I think Texas law does allow for this. Let me do some digging.

As for how California gets away with anything...well, that's California. And Texas is different than California.

Signed,
Capt. Obvious

 

[57Coastie]

Dean,

I must apologize for an overbroad statement.

There is a big difference between a state prohibiting something not prohibited by the federal government and a state permitting something prohibited by the federal government.

It is also true that occasionally a federal law waives federal preemption.

Sorry,

Jim

 

[deadin]

I just did a quick once-through the Texas regs and didn't see anywhere that it is regulated, so you need to fall back to the Federal rules where it is OK.
Your main problem may be in finding a shipper that will believe you when you tell them that an FFL isn't required for in-state shipment of long guns. You best bet would be USPS, but I've run across a Postmaster or two that didn't know their own regs. Be prepared with copies of the Postal and Federal regs that allow for it.

 

[wdlsguy]

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns 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. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

http://www.atf.gov/firearms/faq/faq2.htm#b7

 

[MudPuppy]

Over on the gunco group, I got this reply:

There probably isn't one. Fed law says shipping a firearm to an out of state resident requires you ship to an FFL who then transfers it to him. In-state shipments are not regulated by Fed law, you can ship direct to them unless a state law prohibits it. Most state regs don't even address shipping of firearms at all. Remember we live in the USA, most times laws are passed to prohibit something, if there is no law prohibiting shipment in-state it is legal, there is no requirement to have a reg in place saying it is OK.

If you want to see the feds reg on this, just visit the ATF website and look through their FAQ.

 

[Monkeybear]

Thank you!


I knew it was ok, thats for the links and post everyone.

 

[yongxingfreesty]

i think this is the same for handguns also. this is what ive been told by the range officers.

 

[deadin]

USPS not OK for handguns, even within state unless both sender and recipient are FFLs.

 

[recondoc]

This is just me playing Devil's Advocate.
Can I tell UPS or FedEx that I am shipping a "Custom Tool"?

I've done a couple of in state door to doors but be warned that it can try your nerves a bit just making sure everything goes OK.
Doc

 

[EOD Guy]

This is just me playing Devil's Advocate.
Can I tell UPS or FedEx that I am shipping a "Custom Tool"?

I've done a couple of in state door to doors but be warned that it can try your nerves a bit just making sure everything goes OK.
Doc

Legally, you can, if shipping within a state or if shipping to an FFL in another state. However, ignoring the shipping company policy when shipping could make it hard to collect on any insurance claims.

 

[recondoc]

I guess this busts my "Devil's Advocate" theory.

From the FAQ section at http://www.atf.gov/firearms/faq/faq2.htm#b8

(B8) May a nonlicensee ship a firearm by common or contract carrier?


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]

That answers that!!

Doc

 

[Car Knocker]

recondoc,

The FAQ is an oversimplification and it is incorrect in that, if shipping to an FFL or manufacturer, it is not required by law to inform the carrier that you are shipping a firearm. It IS correct if shipping to anyone else. The referenced codes do not support the FAQ as far as shipping to an FFL or manufacturer goes.