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Shipping handguns in state??


Guest rockrawl

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Handguns are different than long guns. It is my understanding that while you can ship a long gun directly to a person in state, you need to go through an FFL with a handgun. My post office won't let an individual ship a handgun. I can't quote you the law on it, but this has been my experience.

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The problem with shipping a a handgun is that an individual can't ship one via USPS, and the common carriers (FedEx, UPS) generally won't accept a handgun for shipment to anything other than an FFL. The law states that you must declare that you are shipping a handgun so you can't even just "fail to mention" it to the shipper either.

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Can I legally ship a Handgun to someone in Tennessee without using an FFL?? Via UPS,etc?

Yes, as long the person is a resident of TN, and you have no reason to believe that he is prohibited from possessing a firearm.

Handguns cannot be shipped using the US Mail. Handguns must be shipped UPS or FedEx, however good luck finding a UPS or FedEx place that will let you ship it to a non-FFL. Although it is permissible under Federal Law, UPS or FedEx will usually only ship to a FFL.

From the ATF website:

Q: May a nonlicensee ship a firearm through the U.S. Postal Service? A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

Q: 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]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

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Guest btjudge

I shipped a Sig P226 to Sig via Fed X and was advised by Sig to state it was metal parts..Sig said it was safer that way and less likely to be stolen.

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NICE! this is everyones answer for buying a firearm (handgun and rifle) that's all the way accross the state :)

It is, but the classifieds just wouldn't be the same without all the "If you weren't on the other side of the state" crap. :)

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It is, but the classifieds just wouldn't be the same without all the "If you weren't on the other side of the state" crap. :D

I have called two on that bluff. They both came back with sorry they really dont have the cash now when I stated Id ship direct to their door at no extra cost.

But yes UPS will take handguns here in my area. Just have to use a Daliy Pickup point and not the UPS store.

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....But yes UPS will take handguns here in my area. Just have to use a Daliy Pickup point and not the UPS store.

Or if you have an account, you can just print label and drop it at UPS store.

The only downside is that if the package should be lost, they probably won't honor insurance because you didn't send it as per their TOS.

- OS

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Guest canebreaker

I was told by a ffl dealer that handguns can be shipped in state of out of state to a ffl dealer only. upss will not ship, ups or fedex has to be used. Metal parts is all they need to know. Name, address and phone number of person to pick up package inside of package. So, make sure you have a list of what is in package if extra stuff is added.

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I was told by a ffl dealer that handguns can be shipped in state of out of state to a ffl dealer only. .

He's wrong, as far as legality is concerned. Right as far as following USPS/FedEx/UPS rules are concerned.

upss will not ship...

That's usps. FFLs and police depts. can use USPS between each other.

ups or fedex has to be used. Metal parts is all they need to know.
The "metal part" that is the receiver, with serial number on it, IS the firearm. Sending this out of state from individual to individual is a federal offense. Sending it to instate individual or to any FFL using other than overnight service violates UPS/FedEx terms of service.

- OS

Edited by OhShoot
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OK, so just to be clear, if I wanted to purchase a handgun from someone inside the state of Tennessee, they can ship it directly to me without going through an FFL? The seller would have to use UPS overnight by shipping it from an official UPS drop point?

Yes and no. It is perfectly legal. However, I think it is against the company policy of both Fedex and UPS. So, if they know it's a firearm, they will only ship to an FFL.

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OK, so just to be clear, if I wanted to purchase a handgun from someone inside the state of Tennessee, they can ship it directly to me without going through an FFL? The seller would have to use UPS overnight by shipping it from an official UPS drop point?

Yes.

However, federal law says that if an individual ships to non-license holder in interstate shipment, carrier must be notified that shipment contains a firearm. This applies to long guns also. (btw, contrary to what BATF says in FAQ on their site, this is the ONLY time federal law says one must notify, that is, in the case an individual is sending to a non-license holder in interstate shipment.

In which case UPS (or FedEx) probably won't send it.

Hence, the gotcha, if you wish to be both totally legal and within UPS/FedEx compliance.

The only other exception is that you can ship guns to yourself, in care of another person at receiving end. Again, this is federally legal, but good luck getting UPS/FedEx to do it. See gotcha, above.

- OS

Edited by OhShoot
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Yes.

However, federal law says that if an individual ships to non-license holder, carrier must be notified that shipment contains a handgun. (btw, contrary to what BATF says in FAQ on their site, this is the ONLY time federal law says one must notify).

In which case UPS (or FedEx) won't send it.

Hence, the gotcha, if you wish to be both totally legal and within UPS/FedEx compliance.

- OS

OK, I see. Does the age of the firearm make a difference?

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OK, I see. Does the age of the firearm make a difference?

To my knowledge, only black powder arms would not fall under the federal law since they are not considered "firearms" in the same sense, but I'm not a lawyer, so don't take that statement as gospel.

Here is one of the two pertinent federal statutes (the other is essentially identical):

"18 U. S. C. 922... Unlawful acts

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm."

And the big gotcha is that UPS/FedEx just won't seem to let individuals send to individuals period. Even though both their Ground service TOS indicate it's okay with long guns.

- OS

edit: see my comment below. Notification only required by law in INTERstate shipment.

Edited by OhShoot
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Oops, just realized...the federal statue doesn't require you to notify for INTRAstate shipments!

Sorry, got off track there, was thinking about something else, as I've shipped both long guns and pistols to manufacturer (FFL) without notification in the past.

So you really only have UPS Terms of Service as a hurdle. As I've said before, as long as shipment isn't lost, it works okay.

(PMing you also in case you don't see this)

- OS

Edited by OhShoot
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