shipping a long gun in state

[aaronalc]

Does anyone know if one can ship a long gun in state wothout going thru an ffl. I know you can ship to yourself, but how about to someone else?

[eRay]

You can ship a long gun or even a handgun in state. Must use UPS or FedEx. No postal service shipping. UPS does not require next day air on long guns like they do for handguns.

[Oh Shoot]

Federal law: it's fine to ship a handgun or long gun instate. If it is not going to a federal license holder and in interstate or foreign shipment you are supposed to notify. You can ship a long gun through USPS but not a handgun.

Actuality: You can ship long gun through USPS, UPS Ground, or FedEx Ground, or any of their overnight services, but If the long gun is NOT going to a licensee, and you inform, UPS will probably not ship it, even though their TOS allows it. FedEx almost certainty will not, as their TOS only allows shipping to or from a FFL. USPS will generally ship a long gun even if you notify, but depending on the idiocy level of any given clerk, or even station manager, not guaranteed.

Point is though, notification is not required for intrastate shipments to anyone by federal law. If you can generate shipping label yourself with any of these carriers, just drop and go.

- OS

Edited March 1, 2012 by OhShoot

[aaronalc]

Found a long gun in state but the guy said he would have to ship to an FFL. After i pay the fees it's not really worth the price. i was thinking you could do a person to person in state, but cant find what the law actually says about it! Does anyone know or have that info i can to him? Tried google did'nt find any difinitive answers.

Edited March 1, 2012 by aaronalc

[peejman]

Found a long gun in state but the guy said he would have to ship to an FFL. After i pay the fees it's not really worth the price. i was thinking you could do a person to person in state, but cant find what the law actually says about it! Does anyone know or have that info i can to him? Tried google did'nt find any difinitive answers.

http://www.atf.gov/firearms/faq/unlicensed-persons.html

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922((3), 27 CFR 478.29 and 478.30]

[Guest bkelm18]

http://www.atf.gov/f...ed-persons.html

You quoted the wrong law. This is the law pertaining to the situation:

Q: 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)]

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]

Edited March 1, 2012 by bkelm18

[Oh Shoot]

You quoted the wrong law. This is the law pertaining to the situation:

from your post: "... 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."

--------------

The BATF FAQ is simply wrong on this point, has been wrong for as long as it has been on the site. Law (both USC and CFR) says notification only if going to a non licensee in interstate or foreign shipment. If sending to a FFL , or in any intrastate shipment, no notification required.

http://codes.lp.find...ode/18/I/44/922 (section (9) )

http://ecfr.gpoacces....3.1.13&idno=27

Note: revised post 3

- OS

Edited March 1, 2012 by OhShoot

[aaronalc]

thanks for the help!