Unconfigured Ad Widget

Collapse

Selling lower receiver-FFl question

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • JimWest
    Senior Member
    • Feb 2010
    • 713

    Selling lower receiver-FFl question

    If I understand the law correctly, I can ship such an item myself via FEDEX to the buyers FFL. Correct?
    Thank you.
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30242

    Originally posted by JimWest
    If I understand the law correctly, I can ship such an item myself via FEDEX to the buyers FFL. Correct?
    Thank you.
    Because there are no Federal or state laws mandating that a firearm must be shipped by a FFL, it is up to the individual FFL to determine if they will accept shipments for individuals (non-FFLs) or from FFLs only.

    Therefore, you need to clarify this with the buyer's FFL dealer.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

    Comment

    • #3
      razorduc
      Senior Member
      • Dec 2007
      • 1032

      I'm pretty sure you could also ship USPS. Saves a lot for whomever is paying shipping.

      But yeah, up to the FFL if they are willing to receive from non-FFL or not.

      Comment

      • #4
        CWDraco
        Banned
        • May 2007
        • 3359

        FedEx is a no go if you declare it. If you declare it to UPS, expect to pay for overnight at like $100.

        If you are shipping to "Tony's Guns", expect them to ask you if its a firearm. If you lie and get caught you can be charged with a felony. You only have to declare if it's inside the State. If its leaving CA you are not forced to declare it, but you can't lie if specifically asked if its a firearm.

        If they ask the standard, "is there anything dangerous in here", you don't have to say its a firearm. When they ask what it is DONT SAY, "MACHINED PARTS". They know that is code for FIREARM.

        "Its just an aluminum housing." is a better description.

        Comment

        • #5
          JimWest
          Senior Member
          • Feb 2010
          • 713

          Originally posted by CWDraco
          FedEx is a no go if you declare it. If you declare it to UPS, expect to pay for overnight at like $100.

          If you are shipping to "Tony's Guns", expect them to ask you if its a firearm. If you lie and get caught you can be charged with a felony. You only have to declare if it's inside the State. If its leaving CA you are not forced to declare it, but you can't lie if specifically asked if its a firearm.

          If they ask the standard, "is there anything dangerous in here", you don't have to say its a firearm. When they ask what it is DONT SAY, "MACHINED PARTS". They know that is code for FIREARM.

          "Its just an aluminum housing." is a better description.
          It's out of Cali. Value is $1300. I can hear it now: "Awfully expensive aluminum housing". Should I declare it rare art? Does USPS care?

          Comment

          • #6
            CWDraco
            Banned
            • May 2007
            • 3359

            Originally posted by JimWest
            It's out of Cali. Value is $1300. I can hear it now: "Awfully expensive aluminum housing". Should I declare it rare art? Does USPS care?
            I wrote that backwards. You must declare if it leaves the State. So you need to declare it.

            Comment

            • #7
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              Originally posted by CWDraco

              If you are shipping to "Tony's Guns", expect them to ask you if its a firearm.
              A smart person would sanitize that name to something like just "Tony's". the delivery driver knows who "Tony's" is with that address but the guys at the various shipping depots across the country wouldn't.

              As an example. Bushmaster used to request that any firearms shipments to them just say "BFI" on them (Bushmaster Firearms, Inc. IIRC)

              If you lie and get caught you can be charged with a felony.

              , but you can't lie if specifically asked if its a firearm.
              If you are shipping to a licensee, whether in CA or out of state, there is no legal requirement to declare. If that is the case, what law does "lying" fall under?
              Last edited by ke6guj; 07-02-2013, 8:29 PM.
              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

              • #8
                CWDraco
                Banned
                • May 2007
                • 3359

                Originally posted by ke6guj
                A smart person would sanitize that name to something like just "Tony's". the delivery driver knows who "Tony's" is with that address but the guys at the various shipping depots across the country wouldn't.

                As an example. Bushmaster used to request that any firearms shipments to them just say "BFI" on them (Bushmaster Firearms, Inc. IIRC)


                If you are shipping to a licensee, whether in CA or out of state, there is no legal requirement to declare. If that is the case, what law does "lying" fall under?
                Federal law says you must declare if it crosses state lines.http://www.cgwgun.com/shipping/batf.aspx
                8) May a nonlicensee ship a firearm by common or contract carrier?

                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]

                Comment

                • #9
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Federal law only requires you to notify the carrier if the firearm is being shipped to a non-FFL in another State. If you are shipping to an FFL then notifying the carrier is not required by federal law.
                  __________________

                  "Knowledge is power... For REAL!" - Jack Austin

                  Comment

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

                    Originally posted by CWDraco
                    Federal law says you must declare if it crosses state lines.http://www.cgwgun.com/shipping/batf.aspx
                    8) May a nonlicensee ship a firearm by common or contract carrier?

                    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]
                    that FAQ is inaccurate. As Mssr. Elegante posted, it doesn't apply if you are shipping to an FFL.

                    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 says that you must notify the carrier if you are interstate shipping a firearm to any person, unless that person is a licensed importer, licensed manufacturer, licensed dealer, or licensed collector. If the recipient is one of those, that that CFR does not apply to them. hence, there is no requirement to notify the shipper 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

                    • #11
                      JimWest
                      Senior Member
                      • Feb 2010
                      • 713

                      Shipping receiver- final questions

                      Legal protection that firearm has been duly transferred to new owner- request copies of paperwork from FFL? Bill of sale? Lastly, declaration of contents is required on UPS form-"precision instrument". How's that?

                      Comment

                      • #12
                        Mssr. Eleganté
                        Blue Blaze Irregular
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 10401

                        Originally posted by JimWest
                        ...Lastly, declaration of contents is required on UPS form-"precision instrument". How's that?
                        There isn't even a place to declare the contents when you print up the shipping/tracking label at home through the UPS web site. You should already have that label on the package when you arrive at UPS. Using the shipping computer at the UPS facility is fine if you are 80+ years old or don't own a computer. Otherwise you should be printing it at home.
                        __________________

                        "Knowledge is power... For REAL!" - Jack Austin

                        Comment

                        • #13
                          JimWest
                          Senior Member
                          • Feb 2010
                          • 713

                          There isn't even a place to declare the contents when you print up the shipping/tracking label at home through the UPS web site. You should already have that label on the package when you arrive at UPS. Using the shipping computer at the UPS facility is fine if you are 80+ years old or don't own a computer. Otherwise you should be printing it at home.
                          Roger that. And the legal verification/paperwork?

                          Comment

                          Working...
                          UA-8071174-1