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nosyug
11-12-2009, 9:27 AM
I just sold a lower receiver to a guy out of state. I have his FFL. Now what do I do? What am I legally required/have to do to get it to him and out of my name? thx

ke6guj
11-12-2009, 11:26 AM
All you are legally required to do is box it up and ship it to the FFL. It isn't "in your name" (unless it was DROSed as a pistol or you "volreg'ed" it) so there nothing you need to do to get it out of your name.

Now, it may a good idea to document for yourself who you sold it to, and more importantly, keep a copy of the FFL you sent it to.

kemasa
11-13-2009, 10:26 AM
In addition to the above:

When you ship it, you need to inform the shipper that it is a firearm and the box can not be marked that it is a firearm. You need to request an adult signature.

You should also check the ezcheck webpage to ensure that the FFL is valid. https://www.atfonline.gov/FFLeZCheck

ke6guj
11-13-2009, 12:18 PM
since he is shipping it to an FFL, there is no federal or state requirement that he notify the shipper that the shipment contains a firearm.

kemasa
11-13-2009, 2:36 PM
Really?

http://www.atf.gov/firearms/faq/faq2.htm#b7


(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]

ke6guj
11-13-2009, 2:42 PM
Really?

http://www.atf.gov/firearms/faq/faq2.htm#b7

The FAQ on that is incomplete.


Sec. 478.31 Delivery by common or contract carrier.

(a) No person shall knowingly deliver or cause to be delivered to
any common or contract carrier for transportation or shipment in
interstate or foreign commerce to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or licensed collector,
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: Provided, 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 that
trip without violating any provision of this part.If shipping to a " licensed importer, licensed manufacturer, licensed dealer, or licensed collector", then 478.31 does not require the shipper be informed that there is a firearm being shipped.

And 922(e) has the same exemption.

922(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.

you are only required to inform the shipper when shipping in interstate commere to a non-licensed person, such as when shipping to yourself c/o a third party, or when shipping a bequethed firearm to the recipient.

kemasa
11-13-2009, 3:58 PM
If you do not tell them that it is a firearm, then they might not request a signature.

Sec. 478.31 Delivery by common or contract carrier.


(d) No common or contract carrier shall knowingly deliver in
interstate or foreign commerce any firearm without obtaining written
acknowledgement of receipt from the recipient of the package or other
container in which there is a firearm: Provided, That this paragraph
shall not apply with respect to the return of a firearm to a passenger
who places firearms in the carrier's custody for the duration of the
trip.

ke6guj
11-13-2009, 4:00 PM
right, if they know they are delivering a fiream, they have ot get a signature, but if they don't know that they are delivering a firearm, then they aren't required to get a signature.