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Technical quandry on shipping.

chappsyny
Perhaps someone can settle a debate for me. Legally, if I mail a item from state "A" to state "B", is the actual transfer of that mailed item considered to have taken place in State "A" where I reliquished it to the USPS, or State "B" where the other party received it?

I have been of the mind that the actual transfer was taking place in State "B" as that's where the other party took possession of the letter, but that's just my oppinion and I don't know what the true legal answer is. I'm not necessarilly talking about a firearm, but just anything which gets put into the mail.

Thanks,


New Hampshire, USA - "Live Free or Die!!!"
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3 comments

Date Votes
  • horsecrazy
    as the USPS is acting as agent for the recipient (just try to get the item back once you have placed in to the hands of the USPS) the recipient has taken possession at that point.
    on a furthur note if you place an item in an open mail bag hanging say on the side of a mail box and then go to retrieve it I is my understanding that that would be mail thrft
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  • nmyers
    I believe that the answer to your question is, "It depends."

    We need to avoid confusing torte law with federal regulations covering interstate commerce & the US Mail. Think about it: If you mailed a bomb to someone & were caught, would your defense be "Hey, it was HIS property!"?

    There are volumes of regulations (& case law) on the subject. There is no simple answer to your question. It all depends upon exactly what you are talking about.

    Neal
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  • Iconoclast
    Under contract law, the item is deemed to be in the hands of the addressee the moment it enters the mail stream. In a famous case from the 1970s (which originated in NH, actually, back when Marvelous Mel was governor), it was deemed delivered the moment it was placed in the out basket even though it wasn't even in the posession of the Federal government (e.g., in a mail box).

    Mark, there are benefits to living in a small town. I've had envelopes pulled a few times, no hassle, where I used to live.

    "There is nothing lower than the human race - except the french." (Mark Twain)
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