Shipping a handgun within the state?

[Grayfox54]

I believe I read somewhere that its legal to ship a handgun from one individual to another if its within the same state. No FFL transfer needed. Is this true? If so, can anyone provide details or cite  the law? 

[TNman207]

Based on the ATF article, it would appear you could ship via an authorized carrier like Fedx or UPS, not USPS. A caveat to that is how will you document the person receiving the item is authorized to do so unless you ship from and to an FFL dealer, which is a responsibility of the seller in TN?

https://www.atf.gov/questions-and-answers/qa/may-individual-between-ages-18-and-21-years-age-acquire-handgun-unlicensed

Edited August 2, 2018 by TNman207

[Ronald_55]

On the legality of the buyer. If you meet a dude at the local McDonald's to sell him a gun, you are not required to do any checks. As far as I know, the same is true shipping in state. Some people do get a copy of the person's driver's license up front though. 

[DaveTN]

It’s legal, but the law requires you notify the carrier. UPS and FedEx won’t ship it as soon as you do that (unless its going to an FFL).  It’s illegal to ship a handgun USPS (unless you are an FFL).

Your responsibility as a seller is to make sure they are of age, a resident of this state, and you do not know they are a convicted felon (Or otherwise prohibited).

Edited August 2, 2018 by DaveTN

[Oh Shoot]

6 hours ago, Grayfox54 said:

I believe I read somewhere that its legal to ship a handgun from one individual to another if its within the same state. No FFL transfer needed. Is this true? If so, can anyone provide details or cite  the law? 

It's lack of a law.

However, as Dave said, there's no way to actually legally do it. UPS and FedEx will no longer ship any firearm between unlicensed parties, and if you violate their TOS by not informing, you have also violated federal law too.

- OS

[Grayfox54]

Ok. I was offered a handgun I've been wanting, but its at the other end of the state. Going to get it is just impractical. I guess I'll just have to pass. 

[KahrMan]

Having it shipped to your FFL will only cost an extra $35 or so for the transfer.  

[Guest PAULSHOOT]

I think Knifeworks (Smoky Mtn Guns) in Sevierville, TN has a fee for FFL of $20 and that includes the background check.  

I asked the main man there one time. 

[QuackerSmacker]

Wow, I'm  still stuck in ILLannoy for about 5 more weeks, but there is so much disinformation on this thread about TN gun transfer laws that it is almost comical.    YDWYHTD      

[bersaguy]

I think what everyone wanting to sell a firearm( hand gun) inside the state needs to weigh their options very carefully. Doing it in any way other than by the book could buy you the farm. How much is it worth to try and save 25 or 30 bucks verses untold amounts in lawyers fees and loss of any priviledges you have now in the future. To me it's just not worth taking the chance. If the seller is not willing to pay what ever fees and the buyer is not willing to pay fees to do it legally then is it really worth it????? I think NOT but that is JMHO

[Oh Shoot]

19 hours ago, QuackerSmacker said:

Wow, I'm  still stuck in ILLannoy for about 5 more weeks, but there is so much disinformation on this thread about TN gun transfer laws that it is almost comical.    YDWYHTD      

What, exactly?

- OS

edit: oh, and what is "YDWYHTD" ?

Edited August 25, 2018 by Oh Shoot

[Garufa]

20 hours ago, QuackerSmacker said:

Wow, I'm  still stuck in ILLannoy for about 5 more weeks, but there is so much disinformation on this thread about TN gun transfer laws that it is almost comical.    YDWYHTD      

Please enlighten us with your IL expertise.

[QuackerSmacker]

Not getting trolled into this one.

[Garufa]

29 minutes ago, QuackerSmacker said:

Not getting trolled into this one.

Who’s trolling?  I’ve lived my entire life in TN.  If you’ve seen any incorrect information presented in this thread then say something. 

Edited August 25, 2018 by Garufa

[Oh Shoot]

27 minutes ago, QuackerSmacker said:

Not getting trolled into this one.

YOU threw out the chum.

- OS

[Photoguy67]

1 hour ago, Oh Shoot said:

What, exactly?

- OS

edit: oh, and what is "YDWYHTD" ?

I am GUESSING "you do what you have to do"
 

[QuackerSmacker]

49 minutes ago, Oh Shoot said:

YOU threw out the chum.

- OS

There are no requirements for FFL involvement in INTRAstate transactions (except for restricted firearms like fully auto, etc).   The US Postal Service can be used for long gun shipments, by anyone.

Using an FFL for any intrastate transfer may provide a comfort level, and possibly a reduction of potential liability, but is not a legal requirement.

When you sell a firearm Tennessee law requires you to keep a record, but does not specify the term.

That's my understanding.  If I'm wrong, I'm sure you'll tell me!  Please do!

You guys outta try doing this in ILLAnnoy!       Actually it's not that bad ---- you can get a background check from the IL State Police for any buyer, for free, usually online within seconds.   And there is no record kept of the request, or whether any transaction actually ensued.   Supposedly.

And Photoguy, yeah.   You got it.  It just means go get it done, but not in violation of any laws or rules.  It's way easier in Tennessee to just get lots of things done.............damn, I hope I'm right about that!   Will know in a few weeks and the coming months.  

 

[Oh Shoot]

Just now, QuackerSmacker said:

There are no requirements for FFL involvement in INTRAstate transactions (except for restricted firearms like fully auto, etc).   The US Postal Service can be used for long gun shipments, by anyone.

(and yada)...

The topic is Shipping a handgun within the state.

- OS

[QuackerSmacker]

2 minutes ago, Oh Shoot said:

The topic is Shipping a handgun within the state.

- OS

Ok.  So we  know only FFLs can send handguns through the post office.   Other shippers (UPS, FedEx, etc) can do what they do.  In practice their local offices often have widely varying policies on this, probably depending even to the level of who's working there that day.  YMMV

[Oh Shoot]

Just now, QuackerSmacker said:

Ok.  So we  know only FFLs can send handguns through the post office.   Other shippers (UPS, FedEx, etc) can do what they do.  In practice their local offices often have widely varying policies on this, probably depending even to the level of who's working there that day.  YMMV

I guess you haven't been reading the thread.

I assure you that no FedEx or UPS office will ship any firearm between unlicensed individuals. Period.

Unless you don't inform them of the firearm. Which is a violation of their Terms of Service, but more importantly, federal law.

- OS

[monkeylizard]

QuakerSmaker, you're incorrect. OhShoot rightly pointed out in post#5 that it's a violation of FedEx and UPS Terms of Service to ship a handgun from person to person so you can't use them if you declare the handgun to them. If you use them and don't declare the handgun, it's a federal violation.

The letter of the law says that a common carrier can handle the shipment but the reality is that none of them will handle the shipment.

 

ETA: cross-post with The Man Himself.

Edited August 26, 2018 by monkeylizard

[Oh Shoot]

4 minutes ago, monkeylizard said:

QuakerSmaker, you're incorrect. OhShoot rightly pointed out in post#5 that it's a violation of FedEx and UPS Terms of Service to ship a handgun from person to person so you can't use them if you declare the handgun to them. If you use them and don't declare the handgun, it's a federal violation.

The letter of the law says that a common carrier can handle the shipment but the reality is that none of them will handle the shipment.

 

ETA: cross-post with The Man Himself.

No prob.

But to add to the above. Not just a handgun, but they won't ship ANY firearm between unlicensed individuals.

The only real "disinformation" I've seen so far in this thread has been from the one who decried it.

- OS

Edited August 26, 2018 by Oh Shoot

[QuackerSmacker]

Well, I've shipped and received a significant number of firearms though both of them, without problem or incident, so I'm speaking from actual experience, and I think you guys are speaking from what you believe.   

I'll go with experience.  No disrespect intended, it just is what is is, or at least was what it was.   Maybe all the rules have changed, but my last FedEx handgun from downstate (IL) came in about 6 months ago.

To be clear, we're talking about INTRAstate shipments.     INTERstate shipments clearly require FFL on the receiving end.

 

 

 

[Oh Shoot]

1 minute ago, QuackerSmacker said:

Well, I've shipped and received a significant number of firearms though both of them, without problem or incident, so I'm speaking from actual experience, and I think you guys are speaking from what you believe.   

I'll go with experience.  No disrespect intended, it just is what is is, or at least was what it was.   Maybe all the rules have changed, but my last FedEx handgun from downstate (IL) came in about 6 months ago.

To be clear, we're talking about INTRAstate shipments.     INTERstate shipments clearly require FFL on the receiving end.

If it came from an unlicensed individual, he didn't inform FedEx, and hence also broke federal law. FedEx quit doing unlicensed firearm shipments long ago. UPS changed their policy to same about a year ago or so.

- OS

[Allen1]

On 8/2/2018 at 3:52 PM, Grayfox54 said:

Ok. I was offered a handgun I've been wanting, but its at the other end of the state. Going to get it is just impractical. I guess I'll just have to pass. 

Unless I wasn't allowed to buy a handgun I would just get an FFL to take delivery.  It's only $35ish so not a big deal if you really want the item.  You pay shipping either way.