C&R ( FFL-03) shipping.
This question has probably been answered on this forum many times. However, I can not locate a definitive answer. Can a C&R license holder legally ship a C&R qualified firearm through the US postal service either in state or out of state ? What about private carrier in or out of state? I recently questioned an FFL on GB who required a $40.00 shipping fee on a C&R qualified item. Yet, I have had other licensed dealers ship directly to my home for as little as $10.00. My local postal service said if the receiver was an (FFL) unspecified 01 or 03 it could be shipped. A local FFL-01 said no, But did not have reference material. My C&R licens/handbook does not appear to address this question. Any help please.
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I believe that a C&R holder CAN ship interstate via USPS. I have received a number of pistols this way and I prefer it. They have all been shipped USPS Next Day Air Service (for the highest fee rate possible generally).
Long rifles have come to me via private carriers like UPS or FedEx. I think this is because of package size restrictions from the Postal Service.
I am not an expert; but I can play the part of one on the internet.0 -
The GB auction side has a tutorial that explains shipping requirements.
To answer your question, handguns (including handgun receivers) are mailable only FROM & TO an FFL dealer. As a C&R licensee, you are not a dealer & cannot receive or ship a handgun via USPS. You may only send or receive a handgun using Fedex or UPS, & both carriers require shipping handguns by Next Day Air, which is expensive.
Non-licensees, & C&R holders, can ship or receive a long gun (& a long gun receiver) using USPS, UPS, or Fedex.
Instate or out of state doesn't matter when it comes to firearms, as far as federal laws go. Local laws vary, & all transfers of firearms must be done according to federal AND local laws. That's why you have a copy of ATF P5300.5 on CD.
I didn't understand your receiver question. A receiver is considered the same as a complete long gun or handgun in most cases, except a receiver is never a C&R, regardless of age.
Neal
EDIT: From USPS Pub 52 Sect 432.1:
"The mailer must be a licensed manufacturer or dealer mailing to another licensed manufacturer or dealer."0 -
Neal, I know you are well versed in the federal gun statutes and regulations but it appears to me that an ffl dealer could mail a c & r qualified handgun to a c & r licensee. See question and answer number (B14) on page 179 of Federal Firearms Regulations Reference Guide, 2005 edition. An ffl dealer can legally (according to USPS regulations) mail a handgun. A c & r license holder can receive a c & r handgun from a common carrier. Why not from the USPS?
Edit: Thanks Neal for posting the reference.0 -
quote:Originally posted by Herschel
Neal, I know you are well versed in the federal gun statutes and regulations but it appears to me that an ffl dealer could mail a c & r qualified handgun to a c & r licensee. See question and answer number (B14) on page 179 of Federal Firearms Regulations Reference Guide, 2005 edition. An ffl dealer can legally (according to USPS regulations) mail a handgun. A c & r license holder can receive a c & r handgun from a common carrier. Why not from the USPS?
A C&R holder can neither ship nor receive a handgun through USPS. The US Postal Service is not a "common carrier". That definition applies to FedEx, UPS, etc.0 -
Handgun, C&R or otherwise, may only be mailed by licensed dealers or manufacturers (as well as a very few other folks you are unlikely to encounter). By definition a Curio and Relics FFL holder is not a dealer so he can not ship or receive handguns through the US Mail. Long guns are fully mailable by anyone who may legally possess a firearm. 0 -
Neal and Mark are exactly correct, but note that some USPS postal folks interpret their regulations as an FFL is an FFL and will allow C&R licenses to ship USPS. Had a couple arrive at my door. (insert soft shoe here)< need an icon for that Capt. Fun! 0 -
Here are the actual Postal Regulations:
Mailability Requirements for Firearms
Unloaded Handgun
Handguns - e.g., pistols, revolvers, and other firearms capable of being concealed on the person - are nonmailable UNLESS mailed by a licensed manufacturer of firearms, or a licensed dealer of firearms, or an authorized agent of the federal government or government of a state, territory, or district, and ONLY when addressed to a person in one of the following categories for use in the person's official duties AND upon filing the required affidavit or certificate, as applicable (see DMM 601.11.1.3-7):
Addressee: Officer of Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the commanding officer.
Addressee: Officer of National Guard or militia of a state, territory, or district.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the commanding officer.
Addressee: Officer of the federal government or a state, district, or territory whose official duty is to serve warrants of arrest or commitment.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
Addressee: Postal Service employees specifically authorized by the Chief Postal Inspector.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
Addressee: Officer or employee of a U.S. enforcement agency.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
Addressee: Watchman engaged in guarding federal, state, district, or territory property.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by chief clerk of department, bureau, or independent branch of the government agency employing the addressee.
Addressee: Purchasing agent or other designated member of an enforcement agency employing officers and personnel included in c, d, or e above.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of agency stating the firearm is to be used by an officer or employee cited in c, d, or e above.
Addressee: Licensed manufacturers and dealers of firearms.
Affidavit or Certificate Requirements: Signed statement on PS Form 1508, Statement by Shipper of Firearms.
The mailer must be a licensed manufacturer or dealer mailing to another licensed manufacturer or dealer.
Handguns may be mailed without regard to the requirements noted in items a-h if the addressee is the FBI (or its Director) or a scientific lab or crime detection bureau of any agency whose members are federal law enforcement officers, or state, district, or territory officers authorized to serve warrants of arrest or commitment.
Manufacturers or dealers must complete PS Form 1508, Statement by Shipper of Firearms, and file with the postmaster.
It is mandatory that shippers correctly fill out and submit PS 1508 when mailing a handgun. This form certifies that The undersigned is a manufacturer of firearms or bona fide dealer therein, and the parcels presented for mailing herewith are customary trade shipments or other articles for repair or replacement of parts. To the best of my knowledge and belief, the addresses are manufacturers of firearms or bona fide dealers therein.
Remember that signing that form certifies that both the shipper and receiving party are either a dealer or manufacturer...A C&R holder on either end would be neither.0 -
Thank you my friends. I can easil see why there is much confusion on this matter. It is my intent not to use my C&R to ship handguns. However, If a C&R seller elects to send a legally purchased handgun using this means, Am I violating federal regulations by accepting it? 0 -
quote:Originally posted by littleperk
Thank you my friends. I can easil see why there is much confusion on this matter. It is my intent not to use my C&R to ship handguns. However, If a C&R seller elects to send a legally purchased handgun using this means, Am I violating federal regulations by accepting it?
No, but the shipper is facing federal prison time. It would be a good thing for you to forewarn him.0
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