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February 25th, 2013, 10:29 PM #1Super Member
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Milford,
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Question about shipping a handgun
I've been thinking about listing a couple handguns on Gunbroker. What I'm not sure about is shipping. From what I've read on the gunbroker site is that an individual may ship a handgun (via either UPS or Fedex only) to an FFL on the receiving end. All I would need is a copy of the buyers FFL and bring a copy of that to the shipping company in case they ask to see it.
I asked the closest FFL to me (Gold N Guns in Milford) and they wanted $75 to handle it and said that only an FFL can ship a handgun.
So once again I am getting 2 different stories. Just want to make sure if I do decide to sell them that it's legal.
Thanks
Clint
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February 26th, 2013, 10:36 AM #2
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February 26th, 2013, 10:40 AM #3
Re: Question about shipping a handgun
Gold N Guns is partially wrong. Only FFLs can ship handguns via USPS. A non-FFL can ship a handgun to a FFL via common carrier (UPS/FedEx/etc.) This is spelled out in the BATFE Regulations. A non-FFL can ship a longarm via USPS or common carrier.
However, there are many FFLs that will NOT accept any gun from a non-FFL. That is their perogative. If they don't accept from a non-FFL then you are pretty much forced to go to a FFL to get it shipped. That cost would be part of the shipping cost (borne by the buyer) if you stipulate that in the auction. $75 seems steep to me, most FFLs I know (including me) typically charge about $40 for everything (packing, transport to PO, postage, insurance, etc.). Or you can split the costs with the buyer. Again, stipulate this in the auction.
If the receiving FFL will accept a gun from a non-FFL, you willl need a copy of their license to prove to UPS or FedEx that you are shipping to a legimate FFL. Also, do not allow anyone to tell you that the package must be marked to show that there is a gun inside, this is against all regs, including the UPS and FedEx regs.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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February 26th, 2013, 10:42 AM #4Junior Member
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Bethlehem,
Pennsylvania
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Re: Question about shipping a handgun
Your FFL is correct. Only an ffl dealer can ship a hand gun - YOU CANNOT. You would need to take the hand gun to your ffl and he must put it in his books and then pack and ship. He would also need the ffl and name of person picking up on the other end. I know. I used to be and ffl dealer!
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February 26th, 2013, 10:46 AM #5
Re: Question about shipping a handgun
WRONG. Check out the UPS and FedEX tariffs:
Fed/Ex:
Firearms
Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S.or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
UPS:
Use These UPS Services for Your Firearm Shipment
UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation 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 (i) from 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 must comply with and must ensure that each shipment complies with all federal, state and local laws applicable to the shipper, recipient, and package.
IANAL
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February 26th, 2013, 11:12 AM #6
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February 26th, 2013, 12:59 PM #7Super Member
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Milford,
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February 26th, 2013, 03:02 PM #8Junior Member
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Bethlehem,
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Re: Question about shipping a handgun
I do not care what UPS and FEDX say about shipping firearms. They do not make the regulations regarding the sale of hand guns. That is a totally different story as to what we are talking about. All hand gun sales must be registered through an ffl. Now, to just ship a hand gun to someone in another state is an illegal sale. You must take that hand gun to an ffl (with the ffl as to where it will be going (ergo shipped) and your ffl will put it in his books as to being sold to so and so and shipped to ffl so and so. NOW YOU CAN LEGALLY SHIP THAT HANDGUN. I don't care how you ship it. Or with what carrier. But only now can you ship that hand gun across state lines.
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February 26th, 2013, 03:17 PM #9
Re: Question about shipping a handgun
Here's the sticky.
http://forum.pafoa.org/general-2/568...ten-asked.htmlI called to check my ZIP CODE!....DY-NO-MITE!!!
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February 26th, 2013, 03:38 PM #10
Re: Question about shipping a handgun
Any Citations???
{answers color coded}
If you check the Federal laws, especially 18 USC 922(a)(5), you'll see that the interstate shipment of a handgun is excepted when the addressee is an FFL.
Also from ATF's FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE 2005 guide (p. 177):
(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.
If you take it to a local FFL who enters it into the bound book and marks it disposed to the receiving FFL then ONLY THE LOCAL FFL CAN SHIP THE HANDGUN. He cannot give it back to you for subsequent shipment.Last edited by tl_3237; February 26th, 2013 at 07:06 PM.
IANAL
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