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Shipping In-State No FFL - A Question

rhmc24
It is understood that FFL requirement covers shipments from one state to another.

The question is -- do carrier limitations, UPS, Fedex, USPS, etc., apply? or since withing state subject only to that state's regulations, if any?

I may be doing quite a bit of work with a gunsmith in my state. The issue of legal or illegal shipment can become important.

Appreciate info from anyone with experience with this or reference to legal interpretation.. Thanks
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Comments

9 comments

Date Votes
  • ruger41
    So long as you are shipping it to a gunsmith for repairs there is generally no problem. Rules still apply that you are not required to BE an FFL to ship a firearm so long as the firearm is going to a FFL holder-in your state-out of state rules still apply as far as the carriers go. If you are shipping long guns they can go through the post office-handguns still have to go through UPS/Fedex and they will only ship overnight on handguns. I have shipped firearms for repairs to smiths in my state as well as back to the factory. Since you already own the gun the smith can legally send it right back to your house. If you are shipping handguns it MIGHT be cheaper for you to see if a local FFL will mail it for you to save on postage since they can mail handguns.
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  • nmyers
    Some manufacturers, distributors, & dealers have contracts with the common carriers that permit shipping by Around Tuit Air. It's possible that some of the larger gunsmiths have a similar arrangement, so check with your 'smith before you do anything to see if he can help by issuing a pickup ticket.

    Neal
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  • givette
    Find out if the G/S has an [ATF] designated firearms manufacturers' license (not simply a gunsmithing license). Here's why... (paragraph below needs confirmation)

    I (believe)* a non-FFL can use the US Mail (USPS) to ship handguns to an [ATF designated] holder of a firearms manufacturers license..and this is the only time it is allowed for handgun shipment via USPS by a non-FFL. Best, Joe





    *needs confirmation
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  • rhmc24
    Thanks for your time and effort. I am aware of FFL requirements and regulations about shipping by/to/from FFL dealers, manufacturers etc. My issue only concerns intra-state shipment, not inter-state.

    Maybe my question is better stated as - do Federal Firearms regulations restrict shipment of my pistol in US Mail, UPS or Fedex in my same state? The 1968 gun control law affects guns post 1898 regarding interstate shipment. Is my later than 1898 pistol a gun or not, according to that law if it doesn't cross my state line?

    If it is not legally a gun 'in-state' I should be able to ship it in-state by US Mail. UPS here will take guns only from a gun shop in which case I just as well go the FFL route.

    edit Thanks, Givette, for useful info. I was writing this just before your post.
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  • Herschel
    I believe the prohibition of shipping a handgun via USPS by a non-ffl dealer is due to postal regulations.

    This is covered in the questions and answers as to what a nonlicensee may do on page 178 of Federal Firearms Regulations Reference Guide which I quote in part: "(B7) May a nonlicensee ship a firearm through the U. S. Postal Service?

    ..........A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. ........Handguns are no mailable. A common or contract carrier must be used to ship a handgun." End of quotes.

    There is no exception mentioned for a nonlicensee mailing a handgun to a manufacturer.

    FWIW
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  • nmyers
    Herschel is correct. USPS regulations are USPS regulations; see DMM 601.11.1 & USPS Pub 52 Section 432.

    Federal regulations concerning use of common carriers for shipment of firearms can be found in ATF P5300.4 in several chapters; they make no distinction between interstate & intrastate shipment. For example, it is always a violation of federal law to indicate on the outside of a shipped package that it contains a firearm.

    The "rules" of the only common carriers that ship firearms (UPS & Fedex) can be found in the "tariff" online. Both permit a nonlicensee to ship a firearm for any lawful purpose, & specifically for repair. You must ship from a company customer counter (hub), not a UPS Store, not a Kinkos, not a Staples, not nothing else. You should declare the contents as "firearm for repair". Print out a copy of the carrier's tariff & take it with you; if it is refused, ask for a manager.

    Neal

    EDIT: Dogtown Tom is right, I stand corrected:
    "Thank you for contacting Fedex Office./

    You can drop off a firearm at a Fedex Office for shipping. We cannot pack the firearm so it has to be packaged and ready to go.

    Handguns cannot be shipped using Fedex Ground."
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  • makindu
    rhmc24,

    This USPS link may help answer your questions:

    http://pe.usps.gov/text/pub52/pub52c4_009.htm
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  • rhmc24
    Thanks. Gunsmith says he is (quote) "a class 07 type 02 manufacturer". I will check with him on this issue. Thanks again.
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  • dogtown tom
    quote:Originally posted by givette
    Find out if the G/S has an [ATF] designated firearms manufacturers' license (not simply a gunsmithing license). Here's why... (paragraph below needs confirmation)

    I (believe)* a non-FFL can use the US Mail (USPS) to ship handguns to an [ATF designated] holder of a firearms manufacturers license..and this is the only time it is allowed for handgun shipment via USPS by a non-FFL. Best, Joe
    *needs confirmation

    Absolutely not.
    ONLY licensed dealers and manufacturers can mail or receive firearms other than rifles or shotguns.


    quote:Originally posted by nmyers
    The "rules" of the only common carriers that ship firearms (UPS & Fedex) can be found in the "tariff" online. Both permit a nonlicensee to ship a firearm for any lawful purpose, & specifically for repair. You must ship from a company customer counter (hub), not a UPS Store, not a Kinkos, not a Staples, not nothing else.
    True for UPS, but FedEx changed it's policy over a year ago and allows the shipping of firearms from any FedEx Office location(Kinkos is no more).
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