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Flintlock Tom
07-28-2009, 6:51 AM
Does anyone know of a federal regulation prohibiting a private citizen from shipping a handgun to a licensed dealer in another state without using a licensed dealer on their end?
I have always thought that to ship a handgun to someone in another state I must take it to a licensed dealer and have them ship it. I was talking to my FFL friend about receiving a handgun and if their was an FFL in the Phoenix area he likes to deal with. He told me that the seller could ship the gun directly to him without going through an FFL on their end.
I did some looking at the ATF website but found nothing prohibiting it, all I found was this:

(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]

I looked up the references and there does not seem to be a prohibition to shipping a handgun.
Anyone have any other references?

halifax
07-28-2009, 6:54 AM
Does anyone know of a federal regulation prohibiting a private citizen from shipping a handgun to a licensed dealer in another state without using a licensed dealer on their end?
I have always thought that to ship a handgun to someone in another state I must take it to a licensed dealer and have them ship it. I was talking to my FFL friend about receiving a handgun and if their was an FFL in the Phoenix area he likes to deal with. He told me that the seller could ship the gun directly to him without going through an FFL on their end.
I did some looking at the ATF website but found nothing prohibiting it, all I found was this:

(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]

I looked up the references and there does not seem to be a prohibition to shipping a handgun.
Anyone have any other references?

It's OK as long as the receiving FFL will accept it.

bwiese
07-28-2009, 9:36 AM
Does anyone know of a federal regulation prohibiting a private citizen from shipping a handgun to a licensed dealer in another state without using a licensed dealer on their end?
I have always thought that to ship a handgun to someone in another state I must take it to a licensed dealer and have them ship it


There is no such requirement at Fed or CA levels.

You indeed may ship a handgun to an FFL inside/outside CA without using an originating FFL.

[Some receiving FFLs may require an originating FFLs, but that is their personal choice and not required by law.]

Now, if the handgun is a (reg'd) assault weapon it must go thru a CA FFL with AW permit if shipped outta CA. If the reg'd AW is not a 'banned by name' gun it can have sufficient evil features removed to not be an AW and thus shipped directly without an originating FFL.

Handguns cannot be shipped via US Mail by non-FFLs, and it seems most shippers (UPS, FedEx) require handguns to be shipped overnight to avoid increased exposure to theft by their employee base.

xLusi0n
07-28-2009, 9:40 AM
FYI:

UPS and FEDEX both make you ship overnight express if it is a handgun (~$60). Company policy, not law. Law only requires that you send it through a contract carrier (i.e. FEDEX, UPS). The FFL dealer asked me to include a copy of my state ID when I shipped it...dunno if that's a requirement, but I didn't mind.

wildhawker
07-28-2009, 10:59 AM
Another thing of note, the 'UPS Store' locations will not accept ammo or firearms for shipment. You must send the package from a hub location.

MKE
07-28-2009, 12:15 PM
Overnight shipping is probably going to cost you more than having your local FFL ship it since they can use US Mail as Bill indicated. You'll also have to verify the receiving FFL will accept from a non-FFL sender.

Flintlock Tom
07-28-2009, 1:17 PM
Thanks guys, I appreciate the info.