Shipping long guns

[Arondos]

My father lives in Ohio. He has several shotguns and a couple rifles. They are moving to Florida and since he will no longer be hunting he has decided he wants to send them to me.

Questions

Can the be shipped directly to me or do they need to go through a FFL? UPS told him he has to ship them to an FFL. I can find all kinds of info on shipping hand guns but a quick look I didn't see anything on long guns.

Does it matter if they are C&R? Some of the shotguns are 50+ years old.

None have any EBR type features that will run amok of the idiotic CA gun laws.

[Mssr. Eleganté]

Because the two of you are residents of two different States, federal law requires the transfers to go through an FFL. If you were a C&R FFL then any of his C&R firearms could be shipped directly to you while the modern ones would have to go through a California dealer to be transfered to you. If you are not a C&R FFL then all the guns have to be transfered to you through a California dealer.

It's legal for your dad to UPS or even mail long guns to an FFL in California, but many FFLs have a policy of only receiving shipments from other FFLs.

[tonyxcom]

When was the last time you drove to Ohio to visit your dad?

[fiddletown]

When was the last time you drove to Ohio to visit your dad?

So that the OP could pickup the guns and thus violate federal interstate gun transfer law and so that both the OP and his father can become entitled to up to five years in federal prison and/or a fine and a bonus of a lifetime loss of gun rights. What a swell idea.

The whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

1. Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   (a) It shall be unlawful—
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   

   (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
   
   (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

   
   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business 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 of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ...

[Arondos]

OK after reading the legal mumbleese. Does (b)(3)(a) mean if I am in Ohio the transfer can be done there?

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

What does this fall under in CA since they are being gifted it isn't a sale. Is it treated as a PPT and the FFL can charge whatever they want?

[fiddletown]

OK after reading the legal mumbleese. Does (b)(3)(a) mean if I am in Ohio the transfer can be done there?...

No.

You are a California resident. 18 USC 922(b)(3) would require that a transfer done by an Ohio FFL comply with California law regarding transfers. That means a DROS and a ten day waiting period. An Ohio FFL won't be able to comply.

...What does this fall under in CA since they are being gifted it isn't a sale. Is it treated as a PPT and the FFL can charge whatever they want?

It would not be PPT since the guns would either be shipped to the California FFL or, if your father brought them, delivered by someone who is not a resident of California. So yes, the FFL could charge whatever he wanted.

Note also that some California FFLs will not accept guns from transfer from a resident of another State unless shipped by an FFL in the other State. They have their business reasons for doing so, even though it's not legally required.