Mailing a Lower Receiver to Family out of State

[Blackrain7557]

This may be a stupid question but I did search a few places and have only found arguments and no conclusive answers.

I am going to be taking possession of a Ar-15 lower receiver in the next ten days. I am active duty military and I would be required to store the receiver in the base armory as it is considered a firearm and I am unable to keep anything firearm related in my dormitory. I do not have an option to move off base and there are no storage options outside of keeping it in the base armory.



So the question is: Is it legal or illegal to mail a firearm to family out of state?

I do have a friend who works at a gun store back home so if I needed to mail it to a FFL for my family to pick up that would not be an issue.

I appreciate any help I'm given here as I'm sure there are a number of answers to this question however I'm looking for the "cover your *** legally" one.

Blackrain

[Enfield47]

Here are the rules for mailing a firearm using the post office http://pe.usps.com/text/pub52/pub52c4_009.htm#ep290147.

I would ship it UPS, less hassle to deal with. If you plan to ship from a UPS store, don't tell them what it is - they will most likely refuse to ship it. Many here have had problems with them. Ship it directly from a UPS facility and you won't have any problems.

[1Luv4SF]

Yup dont go to the post office or a UPS store. Ship it from the main UPS facility in your area. That's what I've been doing. And if u declare it as a firearm that's okay. Just needs to be sent to an FFL. I'm not sure if the FFL will be able to release it to your family though. Maybe he can hold it for u or something. Good luck and thankyou for your service =]

[kendog4570]

You can legally ship a firearm to yourself in the US. It is done all the time by hunters travelling to other states. Your lower is a rifle so the handgun restrictions dont apply. Simply address the package to you at the destination address. If you are complying with the law (GCA 68 for example), you dont have to tell the shipper what it is. Most of the rules set forth by the various shippers are policies and not law. In fact, if it is legal at both ends, they are obligated to ship it. The responsibility is on you to be within the framework of the law.
Priority Mail is the quickest and cheapest, and they even provide you with a box. A lower would fit nicely in a Priority Small Flat Rate box. Anywhere in the US for $5.35.

[Librarian]

This may be a stupid question but I did search a few places and have only found arguments and no conclusive answers.

I am going to be taking possession of a Ar-15 lower receiver in the next ten days. I am active duty military and I would be required to store the receiver in the base armory as it is considered a firearm and I am unable to keep anything firearm related in my dormitory. I do not have an option to move off base and there are no storage options outside of keeping it in the base armory.



So the question is: Is it legal or illegal to mail a firearm to family out of state?

I do have a friend who works at a gun store back home so if I needed to mail it to a FFL for my family to pick up that would not be an issue.

I appreciate any help I'm given here as I'm sure there are a number of answers to this question however I'm looking for the "cover your *** legally" one.

Blackrain

That lower is a firearm; you already know that because of the armory thing.

Sending a gun to yourself is legal - BUT, at the receiving end, nobody but you is allowed to open it. If your family has secure storage and will not open it, probably works.

Otherwise, it might look like you were transferring a firearm interstate, without using an FFL, and that is a career-ending Federal felony.

See also http://www.calguns.net/calgunforum/showthread.php?t=503873 (That's written from the viewpoint of a CA resident, but the Federal law applies both ways.)

[Quiet]

That lower is a firearm; you already know that because of the armory thing.

Sending a gun to yourself is legal - BUT, at the receiving end, nobody but you is allowed to open it. If your family has secure storage and will not open it, probably works.

Otherwise, it might look like you were transferring a firearm interstate, without using an FFL, and that is a career-ending Federal felony.

See also http://www.calguns.net/calgunforum/showthread.php?t=503873 (That's written from the viewpoint of a CA resident, but the Federal law applies both ways.)

What he said.

[Drew Eckhardt]

You can legally ship a firearm to yourself in the US.


Technically true, although as an unlicensed individual you can't do it legally via FedEx or UPS. Mailing handguns via USPS is also illegal without a regular 03 or 07 FFL.

When moving from Colorado to Washington state in 2006 I had to leave some boxes of guns with a friend when I learned this the hard way after complying with the legal requirement to notify the shipper and being told by FedEx they couldn't do that. UPS, DHL, and every other common carrier I could think of had similar rules. Eventually I just flew back and returned with my guns as checked luggage. A C&R 03 FFL would be enough for their tariffs although under Federal law it's not required because no interstate transfer is occurring.

18 USC 922(e) requires you to notify the shipper:

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;

The current FedEx tariff prohibits shipping to any unlicensed individual (which includes you):

Prohibited or Restricted Articles
Firearms

Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between: Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S.or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or

Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).


Priority Mail is the quickest and cheapest, and they even provide you with a box. A lower would fit nicely in a Priority Small Flat Rate box. Anywhere in the US for $5.35.

USPS is legal for long guns (except for short barreled rifles and shotguns, and a receiver is neither of those unless it was registered as an NFA firearm. The same applies to NFA AOWs) and specifically allows them in their regulations. As others noted you can't _transfer_ across state lines. The package must be addressed to you in care of your family and they may not open the box with those conditions insuring no transfer occurs.

http://pe.usps.com/text/pub52/pub52c4_009.htm

[Drew Eckhardt]

Yup dont go to the post office or a UPS store. Ship it from the main UPS facility in your area. That's what I've been doing. And if u declare it as a firearm that's okay. Just needs to be sent to an FFL. I'm not sure if the FFL will be able to release it to your family though. Maybe he can hold it for u or something. Good luck and thankyou for your service =]

It's illegal not to notify the shipper per 18 US 922(e).

[Blackrain7557]

That lower is a firearm; you already know that because of the armory thing.

Sending a gun to yourself is legal - BUT, at the receiving end, nobody but you is allowed to open it. If your family has secure storage and will not open it, probably works.

Otherwise, it might look like you were transferring a firearm interstate, without using an FFL, and that is a career-ending Federal felony.

See also http://www.calguns.net/calgunforum/showthread.php?t=503873 (That's written from the viewpoint of a CA resident, but the Federal law applies both ways.)

Unfortunately we don't have a safe at home but I was thinking I could buy a lock box for it here, lock it and mail it home that way and tell them to not open the package. I'm sure that's touching on a grey area anyways so I guess I'll be looking into simply storing it on base.

Just to ask this though, am I able to mail it to myself, go home "receive" it and then leave it there or do I have to maintain possession of it wherever I am?

I would take steps to make sure it was secure there of course but I want to make sure there's not something I'm missing.

But thanks for all the help, finally got a straight answer, mailing it is in fact legal. Just depends on who, what, when, where and why you're mailing it.

[ke6guj]

It's illegal not to notify the shipper per 18 US 922(e).
incorrect. 922(e) says that it is illegal to not notify the shipper when you are not shipping to a dealer, importer, or manufacturer. if you are shipping to any of them, there is no federal requirement to notify.