Question about a Transfer...

[Air]

When I moved to California in 1997, I left a couple of childhood firearms with my father in Kansas City. They still reside in his Gun Safe. Nothing too crazy really. An Anshutz model 1450 .22 Rifle and a Ugartechea Side by Side .410 Shotgun. I'd like to "move" them out here, so my question is this:

Could he send them directly to an FFL to do the transfer? Or would he have to take them to an FFL in KC in order to be sent to an FFL here? It sucks that I'm going to have to wait 10 days to secure these two firearms I've owned for over 20 years.

[Air]

They're already yours - there's no transfer of ownership. Ship'em FedEx or UPS, properly packaged. Or bring them back with you next time you visit.

Really? I've been told that I would need to transfer them via an FFL? Is this FUD???

[Librarian]

There's no transfer of ownership - you already own them. Ship it to yourself. BATF says

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

(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]

(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

[Librarian]

Really? I've been told that I would need to transfer them via an FFL? Is this FUD???

Not FUD - FFL is required if, for example, they belonged to your dad and he wanted to give them to you. That would be a transfer.

And you're really fast on the reader! I posted and then deleted to put in the rationale. You picked it up in the 60 seconds or so it was there!

[Darklyte27]

LB is right, you already own them.

To "transfer" is to put ownership in your name.

Some people might think of transfer as to put into your name, some might think of physically moving/transferring them.

[Air]

Would he have any trouble with Fedex or UPS if he told them what was in the package? I talked to Ades in Orange and he said he would have trouble mailing them if they didn't go thru a dealer?

[The SoCal Gunner]

Long guns can go USPS no?

edit: Should have read before I posted. It is the underlined section of the quote Librarian posted.

[Air]

Long guns can go USPS no?

I don't think they allow any firearms at all.

[DB2]

I don't think they allow any firearms at all.

You can definetly ship a long gun through the U.S post office. They will not accept a hand gun, but long guns are good to go. I have received many C&R's that way.

[Librarian]

Would he have any trouble with Fedex or UPS if he told them what was in the package? I talked to Ades in Orange and he said he would have trouble mailing them if they didn't go thru a dealer?

Might. Probably should call ahead and ask - UPS demands one use a 'hub' rather than one of their UPStores, and sometimes (often) the counter people are not up to speed. Might need a supervisor with their policy manual to look it up, which is more comfortably done with dad at home and supe sitting in his/her office - at the counter can get a bit adversarial.

Here's UPS guidelines. Note

from and between persons not otherwise prohibited from shipping firearms by federal, state or local law and when such shipment complies with all applicable federal, state and local laws applicable to the shipper, recipient and package.

FedEx says they won't take firearms from individuals unless to licensed folks (and return)

Firearms

1. FedEx Express 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:
1. 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
2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

USPS will take handguns from licensed only, unloaded long guns from anyone - but again, counter staff may not be knowledgeable or comfortable. USPS is trying to hide its documentation , but I found it anyway: Domestic Mail Manual

11.3 Rifles and Shotguns

Although unloaded rifles and shotguns not precluded by 11.1.1e and 11.1.2 are mailable, mailers must comply with the Gun Control Act of 1968, Public Law 90-618, 18 USC 921, et seq., and the rules and regulations promulgated thereunder, 27 CFR 178, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the gun is unloaded and not precluded by 11.1.1e.

[rayra]

yup, go with the appropriate shipper and be sure you know their policies front to back AND bring printouts of them with you, because it's an even money bet that the counter help won't know them.

If they are yours just go get them and bring them back with you.

[Air]

I suppose I could just fly out and bring them back...Maybe that's the easiest way.

[hoffmang]

I was in the exact same situation and my Dad wasn't up to convincing UPS that the really could ship them. I ended up bringing them back on a plane with me later.

-Gene