FFL Shipping rules question

[shawmcbigdis]

Everyone I am thinking of getting my FFL and opening a small shop. The shop would be very small, and do mostly transfers, with very little stock. What I am thinking of doing is subletting some space in my sisters retail location. She just expanded her location and now has multiple suites in 1 strip mall. There is one that is very small, that I could get for dirt cheap.

However I would have very short/sporadic hours (since I will be keeping my day job) so my big question is, do I need to be there when a firearm is delivered, or can I have a sign that tells UPS/FedEX/USPS to deliver next door when I am not there, and have them receive everything?

I know the shipping companies will do it, since they don't know what's in the box, but is that legal? If not, what if I made my sister an employee of my shop, so that it was still an employee of my store accepting the shipment?

Of course, this may all be moot, since I am still trying to figure out if the location is even zoned to allow a gun store. Either one would be a deal killer though, so I need to know this.

Thanks

[shawmcbigdis]

Anyone?

I guess the other option is to have them leave the little tag thing, and I could go to the FedEx/UPS office and pick it up, I assume this would def be allowed. Still wondering about the alternate delivery though if anyone knows.

Thanks

[kemasa]

It has been said that you can have firearms delivered elsewhere and it is not a problem (such as a UPS store). Of course the box should never be opened.

Picking it up is best in my opinion, but I do know of other places who have packages delivered to the place next door.

[shawmcbigdis]

Awesome. The only reason I would even consider delivering next door, is because it is my sister. If I wasn't related to the people next door I would just pick it up at the UPS office.

Thanks for the info. Now I just need to see if zoning will allow it...

It has been said that you can have firearms delivered elsewhere and it is not a problem (such as a UPS store). Of course the box should never be opened.

Picking it up is best in my opinion, but I do know of other places who have packages delivered to the place next door.

[REH]

You may want to double check that. The laws requires that the firearm be delivered to the address on the FFL. Now if your sisters address, next door, and yours are the same, should be OK

[kemasa]

You may want to double check that. The laws requires that the firearm be delivered to the address on the FFL. Now if your sisters address, next door, and yours are the same, should be OK

Perhaps you might want to double check what you are saying. It is false that the law requires that the firearm be delivered to the address on the FFL, although many FFLs will refuse to ship to anything which is not on the FFL.

Page 8, starting at bottom left:

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2006-03.pdf

Can an FFL ship a firearm to an address
that is different from the business
premises address identified on the
license?

Yes. Neither the GCA nor its implementing
regulations contain specific provisions,
requiring that an FFL have firearms shipped
to their licensed business premises when
receiving firearms. To that end, an FFL may
lawfully receive firearms at their mailing
address, storage location, or other address
where the licensee intends to ensure safe
and secure receipt of the firearms.

ATF Industry Circular 74-13 outlines
“Guidelines for Verifying Identity and
Licensed Status of Transferee.” It states, in
part, that “when the shipment is to be made
to an address other than the transferee’s
premises as listed on his or her license or on
his or her certified list, it is suggested that
the transferor verify the address as being
that of the transferee.” Furthermore,
pursuant to section 922 (b) of the GCA, it is
unlawful to ship a firearm interstate to an
unlicensed individual.

We encourage that FFLs verify to the best of
their ability that the shipping address is a
valid location where the licensee is prepared
to receive and subsequently possess the
firearms. In addition, if an FFL has customers
that require frequent delivery of firearms to
an address other than their licensed business
premises, we recommend that the shipping
address be placed on file with ATF’s Federal
Firearms Licensing Center (FFLC) as an
additional mailing address.

It should be noted that any FFL receiving
firearms at locations other than their
licensed premises must maintain accurate
records of acquisition and disposition of
firearms. The acquisition of firearms must be
recorded by the close of the following
business day or, if commercial records are
maintained, within 7 days following the
acquisition (See 27 CFR 478.125(e) and (g)).
In the event of an ATF compliance
inspection, the FFL must make all records
and firearms inventory available for
inspection. In addition, if the location is
used as a continuous off-site storage facility,
the FFL must notify the FFLC so that the
address can be placed on file.

[REH]

Good catch. I stand corrected.