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Handgun sale to individul legalities


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Posted

Is it legal to sell a handgun in state and ship it to an individual?

ex. If I lived in Mountain City and bought a Gun from JoeBlow1999 in memphis is it legal for JoeBlow1999 to ship it to me?

Which carriers would accept the package?(obviously not the USPS)

Could it be shipped disassembled with the reciever in one package, and the slide and other parts in another package?

Not wanting to circumvent any laes here, Just curious If I ran up on a good deal online, could I ship without going through a FFL in state.

Any info would be helpful.

Thanks Hillbilly

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Posted (edited)

absolutely not....the only way to non-ffl a handgun or rifle is in person. FYI for an individual to ship a handgun you can only go through UPS and they charge $70.00 for 2nd day air(the only way they will do it) and it HAS to go to an FFL.

Edited by Magiccarpetrides
info
Posted
absolutely not....the only way to non-ffl a handgun or rifle is in person.

Can you point me to the specific law on that?

I have heard this before, but I am not familiar with any law that requires FTF on a intrastate transfers.

Guest bkelm18
Posted
absolutely not....the only way to non-ffl a handgun or rifle is in person. FYI for an individual to ship a handgun you can only go through UPS and they charge $70.00 for 2nd day air(the only way they will do it) and it HAS to go to an FFL.

Actually no. If they are residents of the same state, it can be shipped person to person without the FFL. However, good luck finding a carrier that will ship it to a non-FFL.

http://www.atf.gov/firearms/faq/faq2.htm#b8

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

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]

Posted
absolutely not....the only way to non-ffl a handgun or rifle is in person. FYI for an individual to ship a handgun you can only go through UPS and they charge $70.00 for 2nd day air(the only way they will do it) and it HAS to go to an FFL.

Yes you can. The FFL only applies when guns are interstate commerced. However, like previously said, if you tell a carrier what you are doing they will freak out and say no even though their policies say yes and the law says yes. I know form experience. I have done it before and just have to get creative on how I notify the shipper of contents. do not say machined parts. Sometimes thye will check to make sure their is no oil! FedEx is much better in this situation than UPS.

Posted
why do you have to tell UPS or FedEx what is in the box?

When shipping firearms, Federal law requires that you inform them.

(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]

http://www.atf.gov/firearms/faq/faq2.htm#b8
Posted

What if you sent the barrel in a box 1day,The slide the next day, and the frame on the 3rd day. Im talking about in state ( I dont want to mess with ATF). Would you have to declare a firearm?

Posted
What if you sent the barrel in a box 1day,The slide the next day, and the frame on the 3rd day. Im talking about in state ( I dont want to mess with ATF). Would you have to declare a firearm?

Only the frame (or serialized part). the rest are just "parts" according to ATF. Plus it wouldn't save you any doing it this way. Just box it up and drop it off.

Posted (edited)
What if you sent the barrel in a box 1day,The slide the next day, and the frame on the 3rd day. Im talking about in state ( I dont want to mess with ATF). Would you have to declare a firearm?

Yes. Since the frame/receiver is the actual "firearm" you would have to declare when you ship it. You would not have to declare when shipping the slide, barrel, mags or other parts.

ETA: Ooops. Didn't see page 2. You already got the answer.

Edited by Reservoir Dog
Guest jackdog
Posted
What if you sent the barrel in a box 1day,The slide the next day, and the frame on the 3rd day. Im talking about in state ( I dont want to mess with ATF). Would you have to declare a firearm?

Good question, I would think tat it would simply be parts and a non issue.

But maybe someone on here knows more than me.

Posted
Only the frame (or serialized part). the rest are just "parts" according to ATF. Plus it wouldn't save you any doing it this way. Just box it up and drop it off.

I was thinking if you could use post office instead of ups it would be cheaper. but the frame you would have to declare so they woulnt take it.

Posted (edited)
What if you sent the barrel in a box 1day,The slide the next day, and the frame on the 3rd day. Im talking about in state ( I dont want to mess with ATF). Would you have to declare a firearm?
I was thinking if you could use post office instead of ups it would be cheaper. but the frame you would have to declare so they woulnt take it.

Federal law requires you to notify any carrier when you are shipping a firearm… period. Failure to do so is a crime.

The frame of a handgun with no other parts attached, or the lower of an AR is still a firearm. Marking the box “Machine Parts” or lying about the contents will only help show intent should the ATF be called in.

The Post Office will not accept a handgun from you without an FFL. UPS will only accept shipments to a firearm manufacturer for repair if you don’t have an FFL. They won’t ship to a private party. I have never tried FedEx.

EDIT: I will add that I am not aware of any law restricting us from sending handguns to each other in state. Maybe someone can post the law that they think applies.

<O:p</O:p

It’s not usually done because the carriers won’t ship.

Edited by DaveTN

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