Pennsylvania gun law question

[Democrat Gun Owner]

Here are my 2¢.

While I could send and receive a firearm at home, I don’t. With my job and the lack of a specific delivery time, it’s a pain in the ass (if not impossible) to be home for the period of time when the package is “scheduled” to be delivered. Even with the online package trackers, it’s a waste of a day to sit and wait for its arrival.

I had to send a revolver in for repair a few years ago. I contacted the manufacturer. They sent me a prepaid code to print a shipping label. I took the code to my LGS. They sent and received the firearm for me. Best of all, when they got it back, they gave me a call, and I stopped by when I could to pick it up. Very convenient...and I didn’t waste a day waiting around for the FedEx truck to arrive.

[NewGuy101]

All of this discussion is interesting but it still leaves the primary question unanswered. Does anyone know a Pa. law that prohibits them from shipping the gun back to me?

Is there a part of the UFA that deals with shipping?

The manufacturer now says that I can ship the gun but that they have to send it back to an FFL.

Looking at the UFA, there is a section that talks about "no dealer, etc. shall transfer blah, blah, blah." That must be the point of misinterpretation.

Call me cheap but I don't want to pay an extra $20 to get my property back

[free]

All of this discussion is interesting but it still leaves the primary question unanswered. Does anyone know a Pa. law that prohibits them from shipping the gun back to me?

No. That company simply doesn't want to.

[Sgt.K]

Here are my 2¢.

While I could send and receive a firearm at home, I don’t. With my job and the lack of a specific delivery time, it’s a pain in the ass (if not impossible) to be home for the period of time when the package is “scheduled” to be delivered. Even with the online package trackers, it’s a waste of a day to sit and wait for its arrival.

I had to send a revolver in for repair a few years ago. I contacted the manufacturer. They sent me a prepaid code to print a shipping label. I took the code to my LGS. They sent and received the firearm for me. Best of all, when they got it back, they gave me a call, and I stopped by when I could to pick it up. Very convenient...and I didn’t waste a day waiting around for the FedEx truck to arrive.

Did the LGS call PICS to release it, or were they just a landing pad?

When I sent my gun for Cerakote I sent it out overnight from Kinkos, with the business FFL in hand. I had it returned to my name at my employer's address (where the receptionist signed for it) because there was nobody at home to sign.

[soberbyker]

All of this discussion is interesting but it still leaves the primary question unanswered. Does anyone know a Pa. law that prohibits them from shipping the gun back to me?

Is there a part of the UFA that deals with shipping?

The manufacturer now says that I can ship the gun but that they have to send it back to an FFL.

Looking at the UFA, there is a section that talks about "no dealer, etc. shall transfer blah, blah, blah." That must be the point of misinterpretation.

Call me cheap but I don't want to pay an extra $20 to get my property back

Your question has been answered in several of the posts folks mentioned being shipped back to their home, that what you're being told is a company policy, a policy you really have no say over and have to deal with.

I sent a Kahr Arms CW9 back to (Massachusetts) replace a trigger bar several years ago. I used UPS, had to go to an Air Hub, ship it directly & overnight (UPS rules). It was delivered back to my house, signature and ID required when the repair was done.

[soberbyker]

Anybody can tell a shipper anything they want. A shipper can make any rules they want. A shipping manager or clerk who is not clear or confused can default to cover their ass. Shipping thru an FFL is a blanket protection for all involved. Given the legal mumbo-jumbo and lawyer-speak of these policies , I can't blame them.

But an FFL will have to log it into their A&D book, and upon return , will have the owner fill out a 4473 and do a background check prior to returning it to owner.

I was surprised when I had to do a 4473 and BG check when I took a rifle back from a dealer where I had it on consignment.

I was told the same thing for a handgun I had a dealer sell on consignment, fortunately it sold and I didn't have to go through that.

[free]

While I could send and receive a firearm at home, I don’t. With my job and the lack of a specific delivery time, it’s a pain in the ass (if not impossible) to be home for the period of time when the package is “scheduled” to be delivered.
Very convenient...and I didn’t waste a day waiting around for the FedEx truck to arrive.

Yeah. Or, you can simply have your package held at a FedEx terminal for pickup at your convenience, which is what I do.

[Xringshooter]

1. If you can get the company to send you a prepaid address label, you just pack the gun up good, put the address label on and drop it off to whoever is on the label to ship it - perfectly legal and even if UPS or FedEx, since it is packed up with a generated label, they probably won't say a thing. Many gun manufactures/distributors/large gun businesses have special terms with both FedEx and UPS.

2. If you have to foot the bill, best way to ship is through a FFL, they can ship the handgun via USPS and it's way cheaper, even with what they may charge you.

3. As for the return, it is perfectly legal for them to ship directly back to the owner (repaired gun or even a new gun/new serial number) as per federal regulations. HOWEVER, their internal rules may not allow that and as such their rules apply.

Now, yesterday I spoke to my regional BATFE IOI (Industry Operations Inspector) and he told me that if the gun had to be delivered to a FFL to return it to the owner, the FFL does not have to do a background check (as long as the gun was going back to the original owner) but should do a bound book entry and a 4473 for his records and note on the form that it was a return from repair (even if it is a completely new firearm).

That said, that is how it is allowed to be done in PA. For any other state, all bets are off because I don't know all the gun laws for all the states.

[Xringshooter]

I was told the same thing for a handgun I had a dealer sell on consignment, fortunately it sold and I didn't have to go through that.

This is correct a consignment gun actually becomes the property of the FFL and if it is not sold and the owner wants it back, they have to do the 4473 and pass the BGC (federal regs). Another thing about a consignment, the FFL has to collect PA sales tax when it's sold, because it's not a private FTF transaction.

[zachomega]

No, it's not going to S&W in Mass, I said that I had sent to S&W without a problem. This manufacturer is in Maryland,

Beretta?

-Zach