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May 14th, 2012, 02:08 PM #1
Traveling with a Pistol or Shipping it
In the next few months I'm probably going to have to go to Dallas for a few weeks for work. I was thinking about hitting an IDPA match down there and I was wondering about shipping a gun from here to an FFL down there. Can I just have it sent there, go in and pick it up or would you have to pay for a transfer? I can't bring it with me since I'm most likely flying out of Communist NY. If I only had to pay shipping it would be worth $50 to be able to shoot while I'm there.
Any vote for a third party is a vote for a Democrat. You are the enemy.
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May 14th, 2012, 04:37 PM #2Grand Member
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Re: Traveling with a Pistol or Shipping it
A handgun will do you a lot of good if you need it in a box at the post office. In the trunk of your car is proper way to transport a firearm and is as far away as you would want it legally. If you needed.
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May 14th, 2012, 05:25 PM #3Active Member
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Re: Traveling with a Pistol or Shipping it
Unless you have residency in Texas, you wouldn't be able to pick it up from an FFL there. If it goes to an FFL, it'd have to be a transfer, thus you'd have to fill out the same Form 4473 as you would if purchasing a handgun.
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May 14th, 2012, 06:18 PM #4
Re: Traveling with a Pistol or Shipping it
Your point that 18 USC 922(b)(3) would prohibit the FFL from delivering a handgun to a non-resident is well taken once they take 'possession' of it.
I would question whether an FFL would/could accept the 'package' and leave it remain unopened for pickup by the owner thereby avoiding 'taking possession' and entering it into the bound book.
Unfortunately with UPS recently changing their tariff requiring an FFL to be on one end of every firearm shipment as did/does FedEx, we are frustrated from a practical standpoint in pre-positioning our firearms out-of-state for lawful purposes. BATFE has issued guidance that such pre-positioning was/is legal and that shipping yourself 'care/of' a resident of another state did not constitute a change of possession provided the package remain unopened thus avoiding the 18 USC 922(a)(5) interstate transfer prohibition.
Since the sending to an FFL is an analogous situation I wonder if it too would allow pre-positioning. Whether an FFL would agree to participate is doubtful unless they were to get a clarification from their BATFE office. Any FFLs out there willing to opine or call their oversight reps for a further guidance??
Here's the BATFE guidance relative to pre-positioning:
(B9) May a nonlicensee ship firearms
interstate for his or her use in
hunting or other lawful activity?
Yes. A person may ship a firearm
to himself or herself in care of another
person in the State where he or she
intends to hunt or engage in any other
lawful activity. The package should
be addressed to the owner.
Persons other than the owner should not open the
package and take possession of
the firearm.
http://www.atf.gov/publications/down...f-p-5300-4.pdf p.177Last edited by tl_3237; May 14th, 2012 at 06:23 PM.
IANAL
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May 14th, 2012, 07:31 PM #5Active Member
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Re: Traveling with a Pistol or Shipping it
OP,
Even if you can ship it to the FFL without having to do a transfer for "pre-positioning" purposes, you'll have to pay for overnight shipping since you'd be shipping it. Think $90 or so each way.......that's not really within your $50 window.
When did UPS change what?
UPS does not require an FFL on one end....they only stipulate that it is Next Day Air and follows federal, state and local laws. This isn't pertinent to the OP but that statement caught me since federal law allows you to ship via contract carrier to other unlicensed persons inside your state of residence without an FFL, and I know people who've done such using UPS (some of the well-known "regulars" on vaguntrader.com would do it with each other).
I looked up their guidelines....looks the same from years ago:
http://www.ups.com/content/us/en/res.../firearms.html
Have they not updated their shipping firearms guidelines? If so, do you have a link where I could read about this change?Last edited by TGS; May 14th, 2012 at 07:34 PM.
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May 14th, 2012, 07:48 PM #6
Re: Traveling with a Pistol or Shipping it
UPS tariff effective 1/2/12:
http://www.ups.com/media/en/terms_service_us.pdf
see 3.6
3.6 Firearms and Ammunition
UPS accepts packages containing firearms
(as defined by Title 18, Chapter 44, and
Title 26, Chapter 53 of the United States
Code) only (a) between licensed importers,
licensed manufacturers, licensed dealers,
and licensed collectors (as defined in Title
18, Chapter 44 of the United States Code),
and government agencies; and (b) where
not otherwise prohibited by federal, state,
or local law from (i) an individual to a
licensed importer, licensed manufacturer,
licensed dealer or licensed collector; and
(ii) from a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector to an individual. The shipper shall
comply with and shall ensure that each
shipment containing firearms complies with
all federal, state, and local laws applicable
to the shipper, recipient, and package.Last edited by tl_3237; May 14th, 2012 at 08:47 PM. Reason: added excerpt
IANAL
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May 14th, 2012, 08:12 PM #7Super Member
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Re: Traveling with a Pistol or Shipping it
My suggestion - Don't fly out of NY. Even if it is a little inconvenient.
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May 15th, 2012, 07:24 AM #8
Re: Traveling with a Pistol or Shipping it
I live in PA, I'm going to Texas. That's about 1500 miles and I'm flying out on company business. I was just checking if it would be easier to ship a gun than try to fly out of Philly and put it in checked baggage. Checking a bag with my gun makes me really nervous that I won't get it back.
Any vote for a third party is a vote for a Democrat. You are the enemy.
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May 15th, 2012, 12:34 PM #9
Re: Traveling with a Pistol or Shipping it
Flying with it or skipping the match seems to be the easiest options.
Can you insure it when flying?
If you want to send it, I'd start calling FFL's in Dallas.
Ask the FFL if he then would ship it back to your home directly via USPS.
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May 15th, 2012, 02:16 PM #10
Re: Traveling with a Pistol or Shipping it
looks like if I go I'll try to get a flight out of PA and take it in checked baggage. I just have to see what the laws are and what paperwork I need to do. Shouldn't be a big deal. I'm not going for a while so I got time to figure it out. I just don't trust the airlines, that's why I asked about shipping.
Any vote for a third party is a vote for a Democrat. You are the enemy.
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