Shipping firearms ??

[htm8569]

Good evening. I tried searching but couldn't come up with anything recent/relative. I moved out of CA awhile ago and left some rifles behind with a relative. I want to get them shipped to me. I'm not sure if they need to go through an ffl on either end? I know I can ship them to myself if I fly down, but I don't think I'll be coming back to CA for a little while. Thanks in advance

[AreWeFree]

This is an interstate transfer, your relative needs to ship them to an FFL in your state of residence for you to receive them, abiding by carrier T&C and legal requirements of your state.

[BigPimping]

This is an interstate transfer, your relative needs to ship them to an FFL in your state of residence for you to receive them, abiding by carrier T&C and legal requirements of your state.

More ways for the state to steal money. That is asinine.

[fiddletown]

More ways for the state to steal money. That is asinine.

It has nothing to do with the State of California. It's a matter of federal law, and the law has been in effect since 1968.

The federal laws relating to the transfer of a gun from a resident of one State to a resident of another (i. e., the Gun Control Act of 1968 or GCA68) are about physical possession, not ownership. GCA68 was Congress' responding to enormous public pressure after the assassinations by gunfire of three wildly popular public figures -- JFK, RFK and MLK. The law was intended to regulate and control the interstate transfer of firearms. It was structured so that to the extent reasonably possible any transfer of possession of a gun from a resident of one State to a resident of another would have to go through an FFL.

And in the context of the concerns intended to be addressed by Congress through GCA68, it's possession and not ownership that matters. Someone who has a gun in his possession can use it, whether or not he has legal title to it.

Giving someone your gun to store for you will be considered a transfer. It certainly is under federal law, and would also most likely be also considered a transfer under state laws. That's just what "transfer" means.

1. In general, any transfer of a firearm from a resident of one State to a resident of another must go through an FFL who will follow all usual formalities (e. g., completion of the 4473). There are a few limited, narrow, specific exceptions: if you have an appropriate federal firearms license; inheritance by will or intestate succession; or a loan (subject to a number of limitations which will be discussed in more detail below).
   
   
2. The applicable federal statutes are: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922 (b)(3). The full texts of those statutes may be found here.
   
   
3. The federal laws I've cited are about possession, not necessarily ownership.
   
   
   1. Possession means:

      1 a : the act of having or taking into control...

      
      
   2. Transfer is about possession, not ownership.
      
      Some definitions of "transfer" (emphasis added):
      
      
      • http://legal-dictionary.thefreedictionary.com/transfer:

        ...Transfer encompasses the sale and every other method, direct or indirect, of (1) disposing of property or an interest therein or possession thereof;...

        
        
      • http://www.thefreedictionary.com/transferred:

        2. Law To make over the possession or legal title of; convey.

      • http://law.yourdictionary.com/transfer:

        Any and every method of removing something from one person or place to another; specifically, the handing over of possession or control of assets or title. ...

      
      
      
   3. Let's look at the statutes:
      
      
      1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:

         transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...

         
         
      2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:

         transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides..;

      
      
      
   4. Note carefully the words of those statutes. Words, like "transport", "receive", "obtained", "transfer", "give", "transport", and "deliver" do not necessarily imply ownership and include possession. They will be read and applied by a court according to their ordinary meanings. See Perrin v. United States, 444 U.S. 37 (United States Supreme Court, 1979), at 42:

      ...A fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning...

   
   
   
4. With regard to loans under GCA68, let's look at the applicable statutes again:
   
   
   1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:

      transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...

      
      
   2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:

      transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides; except that this paragraph shall not apply to
      

      (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest ..., and
      
      (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

      ..

      
      
   3. So under federal law a resident of one State may loan a gun to a resident of another State, but only temporarily and only for a lawful sporting purpose.
      
      
      1. Temporary means:

         
         : continuing for a limited amount of time : not permanent
         
         : intended to be used for a limited amount of time

         
         
      2. Sporting means (in this context):

         ...of, relating to, used, or suitable for sport...

         
         
      3. Purpose means (in this context):

         : the reason why something is done or used : the aim or intention of something

      
      
      
   4. So a court is likely to look at the "temporary loan for a lawful sporting purpose" exception to the prohibition on interstate transfers to apply when a gun is loaned so that the person it's been loaned to can engage in a specific sporting activity (i. e., a hunt, a competition, etc.) of limited duration. "Temporary" would refer to the duration of that activity. Such an interpretation would be consistent with the common meanings of the words used in the statutes and the underlying purpose (controlling interstate transfers of firearms) of GCA68.
      
      
   5. So you may go to another State where (under 18 USC 922(a)(5)), a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But since there is no applicable "loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.
   
   
   
5. Is there no way to store your gun in another State?
   
   
   1. Leaving a gun with someone in another State clearly raises interstate transfer problems when that person has access to the gun.
      
      
   2. One possible way to avoid the problem would be to secure the gun or guns in a locked case or similar container to which only you have the key or combination.
      
      
   3. That might avoid the transfer problem inherent in having someone store your guns, ATF has advised here that one may ship a firearm to himself in care of another person in another State.
      
      Specifically ATF has said (emphasis added):

      6. May I lawfully ship a firearm to myself in a different State?
      

      Upon reaching its destination, persons other than the owner must not open the package or take possession of the firearm.

   
   
   
6. Note that violations of federal law regarding interstate transfers are punishable by up to five years in federal prison and/or a fine; and since the crime is a felony one will lose his gun rights for the rest of his life.

[AreWeFree]

More ways for the state to steal money. That is asinine.

BTW, your relative in CA can ship directly to your FFL in your state, they do not need to use an FFL here. Long guns can be shipped ground through USPS, UPS, or Fedex, handguns can go UPS/Fedex air.

Your FFL will tell you what they require, but from what I know so far, the sender must include a photocopy of their valid drivers license and a "bill of sale" or statement indicating it's a gift. Something along those lines.

Just call your FFL and ask, it's their business, their rules.