Quick question about shipping...but not for a sale

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  • kwood

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    whats the law about shipping a pistol within state that is not for a sale and will be returned back to the original owner in the same condition (no modifications)?
    basically if i was borrowing a pistol...
     

    citizenkane

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    You can ship a firearm in state with no problems as long as the other person is not a prohibited person. You cannot mail a pistol through the USPS. It has to go common carrier like ups or FedEx.
     

    atalon

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    Also if they are wanting you to fill in the contents, write it as machine parts because some store employees don't know better and freak out if they know it is a gun. If I recall correct the shipping company's FAQ says to NOT say it is a firearm.
     

    DoggyDaddy

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    Also if they are wanting you to fill in the contents, write it as machine parts because some store employees don't know better and freak out if they know it is a gun. If I recall correct the shipping company's FAQ says to NOT say it is a firearm.

    Not to mention writing "Firearm" on the contents is just a big sign saying, "Steal me!"
     

    Lebowski

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    Between corn and soybean fields.
    Just for reference, the OP messaged me about a custom holster for my 4566TSW. I'm extremely south, he's central. Driving is out of the question on my behalf, as I do not own a vehicle at this moment. Best bet to go from a FFL to FFL and back again?

    Would removing some internal parts to de-activate the firearm for shipping if done myself, would that be enough to justify saying it is NOT a firearm if mailing it?
     

    rhino

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    Just for reference, the OP messaged me about a custom holster for my 4566TSW. I'm extremely south, he's central. Driving is out of the question on my behalf, as I do not own a vehicle at this moment. Best bet to go from a FFL to FFL and back again?

    Would removing some internal parts to de-activate the firearm for shipping if done myself, would that be enough to justify saying it is NOT a firearm if mailing it?

    No, the part with the serial number (usually the frame) is a firearm whether it's functional or not.
     

    kludge

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    Also if they are wanting you to fill in the contents, write it as machine parts because some store employees don't know better and freak out if they know it is a gun. If I recall correct the shipping company's FAQ says to NOT say it is a firearm.


    Before you do this^^^

    Read This:

    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]

    source: Firearms - Frequently Asked Questions - Unlicensed Persons | ATF

    Now... there is some discrepancy in the written law vs the ATF FAQ quoted above as to whether the handgun must be declared to the carrier.

    But I'm not usually one to argue with the interpretation of the ATF.

    Actual law with emphasis below...

    This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer,
    licensed manufacturer, licensed dealer, or licensed collector who
    pursuant to subsection (b) of section 925 of this chapter is not
    precluded from dealing in firearms or ammunition, or to a person
    who has been granted relief from disabilities pursuant to
    subsection (c) of section 925 of this chapter.
    (e) It shall be unlawful for any person knowingly to deliver or
    cause to be delivered to any common or contract carrier for
    transportation or shipment in interstate or foreign commerce, to
    persons other than licensed importers, licensed manufacturers,
    licensed dealers, or licensed collectors,
    any package or other
    container in which there is any firearm or ammunition without
    written notice to the carrier that such firearm or ammunition is
    being transported or shipped; except that any passenger who owns or
    legally possesses a firearm or ammunition being transported aboard
    any common or contract carrier for movement with the passenger in
    interstate or foreign commerce may deliver said firearm or
    ammunition into the custody of the pilot, captain, conductor or
    operator of such common or contract carrier for the duration of the
    trip without violating any of the provisions of this chapter. No
    common or contract carrier shall require or cause any label, tag,
    or other written notice to be placed on the outside of any package,
    luggage, or other container that such package, luggage, or other container contains a firearm.

    So the LAW says you can ship it to an FFL without disclosure, but not someone who is not licensed.

    Now it also says "in interstate commerce"... but good luck with that... everything gun related is assumed to have at one time or another travelled in interstate commerce and the courts tend to agree with this.

    :twocents:
     

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