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littlejake
11-18-2012, 7:16 AM
I have a handgun I wish to transfer to an Oregon resident.

I know this is asked all the time; I just want someone like Librarian to tell me I'm doing it right.

Process: She lines up an FFL (dealer) in Oregon to received the gun. They send me a copy of their FFL. I package the unloaded weapon securely and ship via UPS (and the service is next day air or second day?) I ship from a hub -- not a UPS store. I declare the gun; show the receiving party's license if asked; and there should be no markings indicating contents on the outside.

OK so far? What paperwork do I need to file an NLIP that will satisfy DOJ/BOF that I am no longer in possession; and made a lawful transfer?

TIA,

Jake

Quiet
11-18-2012, 8:00 AM
You pretty much got everything down.

But, keep in mind that the receiving FFL dealer may want the handgun shipped from a FFL. Since, it is up to the individual FFL to determine if they are willing to accept a shipment from a private party. So, find out before shipping the firearm.

Also, you will need to include a copy of your info (CA DL) with the shipment for the FFL dealer's records.

For the Notice of No Longer in Possession (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/BOF4546NLIP0209.pdf?), see quote below for what you need to fill out and file with the form.
If you check "Transferred firearm out of state," list the name and address of the person who purchased/obtained the firearm and the date of the sale or transfer, and the name, address, telephone number and, if known, the Federal Firearms License (FFL) number of the firearms dealer(s) who conducted the sale/transfer. You must also attach any relevant documentation of the sale or transfer, such as a sales receipt.

littlejake
11-18-2012, 8:31 AM
Thanks Quiet.. I had forgotten that the receiving FFL would need my info for their book.

I don't know this for a fact; but, I believe FFLs in our neighboring states are much more willing to accept a shipment from private party that a CA dealer would be. And that reluctance seemed to begin when CA went to the CFLC system on 01/07/2008. Just an opinion.

But, of course, one would want to make sure they will accept.

Mssr. Eleganté
11-18-2012, 9:33 PM
Also, if you are the one who will be shipping the handgun the receiving FFL may not want to send you a copy of his license. He is only required by law to send a copy of his license if you are also an FFL. ATF auditors often tell FFLs not to send copies of their license to non-FFLs.

If he won't send you a copy of his license then he should at least give you his partial license number that you can verify through the EZ Check system on ATF's web site...

https://www.atfonline.gov/fflezcheck/

Window_Seat
11-18-2012, 9:48 PM
Not sure why the gun would have to be declared and shipped from the UPS hub... When I shipped mine (for repair), I took it to the UPS store and shipped it to the east coast without "declaring" it.

Declaring where it's unnecessary just opens cans of worms.

Erik.

Quiet
11-19-2012, 5:32 AM
Not sure why the gun would have to be declared and shipped from the UPS hub... When I shipped mine (for repair), I took it to the UPS store and shipped it to the east coast without "declaring" it.

Declaring where it's unnecessary just opens cans of worms.

Erik.

The carrier needs to be notified ("declared") that the shipment is a firearm in order to comply with Federal laws/regulations. [18 USC 922 (e) & 27 CFR 478.31 (a)]

Failure to comply is a Federal felony. [18 USC 924 (a)(1)(D)]


18 USC 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.

27 CFR 478.31
(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.
(b) 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 indicating that such package, luggage, or other container contains a firearm.
(c) No common or contract carrier shall transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of any provision of this part: Provided, however, That the provisions of this paragraph shall not apply in respect to the transportation of firearms or ammunition in in-bond shipment under Customs laws and regulations.
(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.

hawk1
11-19-2012, 7:05 AM
The carrier needs to be notified ("declared") that the shipment is a firearm in order to comply with Federal laws/regulations. [18 USC 922 (e) & 27 CFR 478.31 (a)]

Failure to comply is a Federal felony. [18 USC 924 (a)(1)(D)]


18 USC 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.

27 CFR 478.31
(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.
(b) 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 indicating that such package, luggage, or other container contains a firearm.
(c) No common or contract carrier shall transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of any provision of this part: Provided, however, That the provisions of this paragraph shall not apply in respect to the transportation of firearms or ammunition in in-bond shipment under Customs laws and regulations.
(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.

Both in bold above refer to delivering to an UNLICENSED person...