Shipping situation - Legal, but not possible

[hAkron]

According to my read of the ATF policy, it is perfectly legal for non-licensee residents of the same state to ship a gun via common carrier (UPS or FedEx are the ones that the ATF calls out).

"Q: 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]"

If I'm reading this correctly - It looks like they are saying I can ship to a resident of my state, or a licensee of any state. I would say resident means non-licensee. Otherwise they could have made the sentance much less ambiguous by just saying "A nonlicensee may ship a firearm by common or contract carrier to a licensee in any State."

I have contacted both UPS and FedEx and both have told me their policy prohibits non-licensee to non-licensee transfers within the same state.

 

[Sam1911]

Might want to read through this as we've covered a lot on that matter: http://www.thehighroad.org/showthread.php?t=651375

 

[hAkron]

Thanks Sam, you can feel free to delete this post if it's redundant.

 

[mgkdrgn]

You've got it pretty much correct.

As per Federal law it is legal to do so, but the carriers themselves have their own restrictions that are stricter than the law. (which is their right)

 

[rhinoh]

I have contacted both UPS and FedEx and both have told me their policy prohibits non-licensee to non-licensee transfers within the same state.

So how do they know if the recipient is an FFL? Do they keep a list?
I know you have to declare it is a firearm but I've never had a Fedex counterperson ask me if the recipient is indeed a FFL (licensee).

 

[hAkron]

I'm not sure how they would know, but the one time I sent a gun off to be refinished, I provided UPS with the recipient's FFL number. I don't think I would be comfortable with lying and saying the recipient was an FFL if he/she wasn't, but I'm not totally sure if they actually do check.

 

[dogtown tom]

rhinoh ....So how do they know if the recipient is an FFL? Do they keep a list?

They don't know.
UPS or FedEx tariffs do not require that you provide them with a copy of the dealers FFL. (and neither does USPS)

 

[Frank Ettin]

...I've never had a Fedex counterperson ask me if the recipient is indeed a FFL (licensee).

I have.

 

[rogerjames]

Since it is LEGAL, to ship resident to resident in state and you would like to avoid any unnecessary hassles, the easiest method is to open an account, package your item, pay and print your mailing label online, drop package in drop box.

The only potential problem would be if the package was lost. Since you didn't follow the mailer's rules, you may not be covered for the cost of the item if you paid for insurance. Of course, a $500 tablet should be covered.

 

[DeepSouth]

So how do they know if the recipient is an FFL? Do they keep a list?
I know you have to declare it is a firearm but I've never had a Fedex counterperson ask me if the recipient is indeed a FFL (licensee).

I recently shipped a rifle to an individual that had a C&R and the UPS person I spoke with when asking the proper way to ship it, told me to provide a copy of the C&R, however when I took it to ship they did not ask for it.
So I sort of have had them ask.

 

[rhinoh]

Since it is LEGAL, to ship resident to resident in state and you would like to avoid any unnecessary hassles, the easiest method is to open an account, package your item, pay and print your mailing label online, drop package in drop box.

Seems to me putting it in a dropbox would be illegal. The carrier MUST be notified you are shipping a firearm.

 

[DeepSouth]

Seems to me putting it in a dropbox would be illegal. The carrier MUST be notified you are shipping a firearm.

Seems to me like putting firearm, or something similar in the description would work.
But I don't know for sure, I'm just using reason and logic which lawyers seem to lack when writing laws/policies.

 

[rhinoh]

Where is this "description" entered?
Neither the UPS or Fedex online shipping forms have any place to enter a description!

 

[dogtown tom]

Failure to notify is only illegal if you are shipping interstate to a nonlicensee.

Per atf regs, such notification must be in writing. Basically you wiuld be admitting to a felony....in writing. (Unless you are a licensee returning a repaired firearm to the customer)

 

[Jim K]

That notification business results from two laws passed at different times. An early law, passed in response to the (mostly fake) claim that juvenile criminals were ordering tons of cheap guns by mail order, required that anyone shipping a gun to a non-licensee notify the carrier of the contents so when some six-year old showed up to claim the gun, the carrier would presumably not give it to him.

That law was never (AFAIK) rescinded, but a later law banned interstate shipment of handguns to non-licensees (with a few exceptions), making the point moot for all but intrastate shipments. The common carriers resolved that by simply writing their own rule that they would not accept a handgun for shipment to other than a licensee, period.

Jim