Unconfigured Ad Widget

Collapse

Exempt pistol transfer question

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Dirtbiker
    Veteran Member
    • Dec 2007
    • 2810

    Exempt pistol transfer question

    I'm looking into buying a single action pistol from up north. What is the process in getting it shipped?

    Can the seller ship it direct to my FFL or does it have to go from FFL to FFL?
    To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.

    Thomas Jefferson
  • #2
    Vin496
    Calguns Addict
    • Mar 2008
    • 8804

    Originally posted by Dirtbiker
    I'm looking into buying a single action pistol from up north. What is the process in getting it shipped?

    Can the seller ship it direct to my FFL or does it have to go from FFL to FFL?
    Only FFL required by law is your FFL. Though many FFLs will not accept a gun from a non FFL, so check with yours 1st to see if they will accept from a non FFL.

    Is that enough FFLs? LOL.

    Here is the thing shipping a gun by a non FL can only be done through FedEx or UPS, the gun must be declared(by law) and shipped overnight. No where on the box can it list it's contents. Also must be shipped from a UPS/Fedex Hub, not a Kinkos/UPS store.

    I have done this and it will cost around $60+.

    If you use an FFL to ship depending on the FFL, the prices can be less, since they are allowed to ship USPS. Check with the shipping FFL first, for their prices.
    I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

    and

    If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

    Comment

    • #3
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      Originally posted by Vin496
      Here is the thing shipping a gun by a non FL can only be done through FedEx or UPS, the gun must be declared(by law) and shipped overnight. No where on the box can it list it's contents. Also must be shipped from a UPS/Fedex Hub, not a Kinkos/UPS store.
      bolded part is incorrect. If being shipped to an FFL, federal law does not require you to declare to the shipper that you are shipping a firearm. Now, UPS/Fedex rules may require declaration in order to be able to collect the insurance if lost/damaged, but it is not against the law to not declare a firearms shipmnet going to an FFL.

      If you use an FFL to ship depending on the FFL, the prices can be less, since they are allowed to ship USPS. Check with the shipping FFL first, for their prices.
      yup, may be cheaper, even after you pay the shipping FFL for their time. Plus, since the shipment is now coming from an FFL, the CFLC process has to complied with as well.
      Jack



      Do you want an AOW or C&R SBS/SBR in CA?

      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

      Comment

      • #4
        dfletcher
        I need a LIFE!!
        • Dec 2006
        • 14793

        Regarding the handgun being shipped from a nonFFL to your FFL, I think communication in advance is the key.

        If your FFL states he'll accept the gun with a photocopy of the sender's DL be certain of what he means - as in, with the guy's photo clearly showing and with the guy's address & with the guy's DL # clearly visible. Then make certain the sender is informed in writing of the exact requirements - you don't want the guy's DL showing up with the address and/or DL # blacked out and have to get involved in conflict negotiations with a guy who won't send more info and the FFL who won't release your gun.
        GOA Member & SAF Life Member

        Comment

        • #5
          Vin496
          Calguns Addict
          • Mar 2008
          • 8804

          Originally posted by ke6guj
          bolded part is incorrect. If being shipped to an FFL, federal law does not require you to declare to the shipper that you are shipping a firearm. Now, UPS/Fedex rules may require declaration in order to be able to collect the insurance if lost/damaged, but it is not against the law to not declare a firearms shipmnet going to an FFL.
          You sure about that?

          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 think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

          and

          If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by Vin496
            You sure about that?
            yup. The ATF FAQ is incorrect/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.
            that part about "to any person other than a licensed......." is the importatnt part. If you are shipping to one of those licensed people, you don't have to provide written notice to the carrier.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              Vin496
              Calguns Addict
              • Mar 2008
              • 8804

              Originally posted by ke6guj
              yup. The ATF FAQ is incorrect/incomplete.

              that part about "to any person other than a licensed......." is the importatnt part. If you are shipping to one of those licensed people, you don't have to provide written notice to the carrier.
              Maybe I'm just dense, but what I read is,

              No person shall send via contract carrier a firearm to anyone other those licensed(importer,manufacturer,dealer,collector) without informing the carrier.

              Where does it say it is not necessary to inform them?
              I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

              and

              If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                Originally posted by Vin496
                Maybe I'm just dense, but what I read is,

                No person shall send via contract carrier a firearm to anyone other those licensed(importer,manufacturer,dealer,collector) without informing the carrier.

                Where does it say it is not necessary to inform them?
                it doesn't. Turn it aroudn, where does it say that it IS necessary to inform them when shipping to a licensed individual. It doesn't.

                That is because the PC and federal codes normally work as "everything is legal unless specifically prohibited." So, if if the law states that if you are shipping to a non-licensed individual, you must inform the shipper, and does not include shipments to licensees in that law, then it does not apply when shipping to a licensee.
                Jack



                Do you want an AOW or C&R SBS/SBR in CA?

                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                Comment

                • #9
                  Vin496
                  Calguns Addict
                  • Mar 2008
                  • 8804

                  Originally posted by ke6guj
                  it doesn't. Turn it aroudn, where does it say that it IS necessary to inform them when shipping to a licensed individual. It doesn't.

                  That is because the PC and federal codes normally work as "everything is legal unless specifically prohibited." So, if if the law states that if you are shipping to a non-licensed individual, you must inform the shipper, and does not include shipments to licensees in that law, then it does not apply when shipping to a licensee.
                  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
                  Doesn't that say right there, the carrier must be informed?

                  I am just not following your train of thought.

                  This section say you can only use a common carrier to ship to a licensed individual, and must inform the carrier.
                  Last edited by Vin496; 05-11-2009, 4:29 PM.
                  I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                  and

                  If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                  Comment

                  • #10
                    ke6guj
                    Moderator
                    CGN Contributor - Lifetime
                    • Nov 2003
                    • 23725

                    Originally posted by Vin496
                    Doesn't that say right there, the carrier must be informed?
                    If I am shipping to a person OTHER than a licensed..... then that section does not apply to me.
                    Jack



                    Do you want an AOW or C&R SBS/SBR in CA?

                    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                    Comment

                    • #11
                      Vin496
                      Calguns Addict
                      • Mar 2008
                      • 8804

                      Originally posted by ke6guj
                      If I am shipping to a person OTHER than a licensed..... then that section does not apply to me.
                      Then what was your point?

                      We were talking about shipping to an FFL, you said I was wrong in that FedEx/UPS had to be informed by law.

                      Now your saying you must inform them if you ship to a licensed person, just not if the person is "Other".

                      We were never talking about an "other" person, we were talking about a licensed person.
                      I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                      and

                      If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                      Comment

                      • #12
                        hawk1
                        In Memoriam
                        • Dec 2005
                        • 7555

                        Originally posted by Caiman
                        Also make sure that it comforms to exemption: 6" barrel and 10.5 oal.
                        Those numbers are wrong.


                        The exemption is:

                        • Single-shot pistols with a barrel length of not less than six inches and that have an overall length of at least
                        sigpicNRA LIFE MEMBER

                        Comment

                        • #13
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by Vin496
                          Then what was your point?

                          We were talking about shipping to an FFL, you said I was wrong in that FedEx/UPS had to be informed by law.

                          Now your saying you must inform them if you ship to a licensed person, just not if the person is "Other".

                          We were never talking about an "other" person, we were talking about a licensed person.
                          my mistake, I totally said that wrong.

                          I meant, if I am shipping a firearm to a person other than a licensed .... then that section DOES apply. But if I am shipping to a licensed person, then that section does not apply.
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            Vin496
                            Calguns Addict
                            • Mar 2008
                            • 8804

                            Oh man you had me all confused, lol.

                            Now clear this up for me, what is an "other"?

                            Would that be me shipping a pistol to myself, from one State to another? Or a father shipping a gun to his son within the same State?
                            I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                            and

                            If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                            Comment

                            • #15
                              ke6guj
                              Moderator
                              CGN Contributor - Lifetime
                              • Nov 2003
                              • 23725

                              Originally posted by Vin496
                              Oh man you had me all confused, lol.

                              Now clear this up for me, what is an "other"?

                              Would that be me shipping a pistol to myself, from one State to another?
                              yup. Or a executor of an estate shipping a firearm to a benefiary of the estate.

                              Or a father shipping a gun to his son within the same State?
                              that would be an intrastate transfer, and federal law does not normally apply in that situation. Notice tht 478.31 applies to interstate and foreign commerce, not intrastate commerce.
                              Jack



                              Do you want an AOW or C&R SBS/SBR in CA?

                              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                              Comment

                              Working...
                              UA-8071174-1