in state shipping?????

Discussion in 'The Okie Corral' started by dadeglocks, Mar 29, 2010.

  1. dadeglocks

    dadeglocks

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    i was browsing ar15.com looking at some revolvers for sale and there was an ad that said that he would ship directly to buyer if in the same state and if out of state it has to go through an ffl. is this legal?? can i really recieve a gun in the mail directly to my house if its coming from the same state? or does he just not know what he is talking about? from my understanding all guns must be shipped to an ffl. can anyone shed some light on this??
     
  2. Dennis in MA

    Dennis in MA Get off my lawn

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    Probably depends on the state. In MA, that wouldn't fly. Gotta fill out paperwork to transfer a gun - even individual-to-individual.
     

  3. Gatorguy

    Gatorguy Millennium Member

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  4. Mushinto

    Mushinto Master Member

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    Under federal law most long guns can be shipped in-state, handguns cannot. State laws still apply. Check BATFE website for details.

    ML
     
  5. Gatorguy

    Gatorguy Millennium Member

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    Will you post the location of the rule that says hand guns can not be shipped in state? I would like to be corrected if I missed something somewhere. Thanks.
     
  6. dadeglocks

    dadeglocks

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    so if i were to buy a gun from someone in tampa,florida i can have the gun shipped directly to my door in miami,fl?
     
  7. Gatorguy

    Gatorguy Millennium Member

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    That's what the manual says on the above referenced page. Us common folk are a "nonlicensee", in other words, we don't have a FFL. A "licensee" has an FFL. Note the manual doesn't differentiate between handgun and long gun, but simply says "firearm".

    (B8) May a nonlicensee ship a firearm
    by common or contract carrier?

    A nonlicensee may ship a firearm
    by a common or contract carrier to a
    resident of his or her own State or to
    a licensee in any State. A common or
    contract carrier must be used to ship
    a handgun. In addition, Federal law
    requires that the carrier be notified
    that the shipment contains a firearm
    and prohibits common or contract
    carriers from requiring or causing any
    label to be placed on any package
    indicating that it contains a firearm.
    [18 U.S.C. 922(a)(2)(A), 922(a) (3),
    922(a)(5) and 922(e), 27 CFR 478.31 and
    478.30]
     
  8. IndyGunFreak

    IndyGunFreak

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    I would think as long as your state does not regulate private sales(some states do, some states don't), you'll be fine. Here in Indiana, It should be fine.

    IGF
     
    Last edited: Mar 29, 2010
  9. swtxtitan

    swtxtitan

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    I've been beating myself up over this question for years. It seems perfectly legal, when reading B8, but most people don't understand it. Ive had many FFL holders tell me that a non-licensee can not ship in state to another non-licensee. Thought i would ask someone with knowledge in gun shipping, but it seems the non-ilcensee individual knows more abut their own rights than an FFL, imagine that. But, we all know how that goes. I'd like some final clarification on this to.
     
    Last edited: Mar 29, 2010
  10. netmage2112

    netmage2112

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    While laws may make it legal in some instances, individual carrier policies will also come into play, especially when the receiver is not an FFL...

    In a nutshell, UPS becomes the only viable carrier in state between private individuals and requires overnight, so your looking at $50+ no matter what.
     
  11. dadeglocks

    dadeglocks

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    really? i thought UPS only delivers firearms to ffl holders.

    also another question if it is a private sale,do all private sale laws stay the same? for example in a private sale here in florida for handguns,you only need to be 18 years old instead of 21.
     
  12. Mushinto

    Mushinto Master Member

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    I stand semi-corrected. You can ship a long gun but not a handgun via the U.S. Mail. Restriction does not seem to apply to common carriers.

    ML
     
  13. netmage2112

    netmage2112

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    Bolded the important part... As long as its inside state - no law prohibits...

    UPS accepts packages containing firearms, as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code, for transportation from and between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors, as defined in Title 18, Chapter 44 of the United States Code, law enforcement agencies of the United States (or of any department or agency of the United States) and law enforcement agencies of any state or department agency (or political subdivision of any state), and from and between persons not otherwise prohibited from shipping firearms by federal, state or local law and when such shipment complies with all applicable federal, state and local laws applicable to the shipper, recipient and package.

    Handguns, as defined by 18 U.S.C. § 921,will be accepted for transportation only via UPS Next Day Air® Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® services. (Note: UPS Express CriticalSM Service is not available for firearms).
    UPS accepts firearm parts for shipment, provided the part is not a "firearm" as defined under federal law; the contents of the package cannot be assembled to form a firearm; and the package otherwise complies with federal, state, and local law. (Note: Receivers or frames of a firearm, firearm mufflers and silencers are considered "firearms" and are accepted for transportation only if shipped in accordance with UPS's requirements for shipping firearms.)
    UPS does not accept automatic weapons, including machine guns, for shipment.
    Firearms, including handguns, and firearm parts are not accepted for shipment internationally
    Ammunition may be accepted for shipment internationally provided it is shipped in accordance with the UPS Guide for Shipping International Goods.
    UPS ReturnsSM Services are not available for packages containing firearms.
     
  14. Mushinto

    Mushinto Master Member

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    Yes, 18 is OK.

    ML