Pennsylvania Firearm Owners Association
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  1. #1
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    Default 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

  2. #2
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    Default Re: Question about shipping a handgun

    Quote Originally Posted by AirportFF View Post
    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
    Yes - you can ship a handgun via UPS/FedEx provided it is to an FFL.

    A private individual CANNOT ship a handgun via USPS but an FFL can - maybe that's the confusion on the part of your local FFL.
    IANAL

  3. #3
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    Default Re: Question about shipping a handgun

    Quote Originally Posted by AirportFF View Post
    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
    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

  4. #4
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    Default 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!

  5. #5
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    Default Re: Question about shipping a handgun

    Quote Originally Posted by oldguy387 View Post
    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!
    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.

    In addition there is no Federal firearms law that would prohibit such an interstate shipment.
    IANAL

  6. #6
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    Default Re: Question about shipping a handgun

    Does the shipping to one self, interstate, apply to long guns only, using a common carrier?
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  7. #7
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    Default Re: Question about shipping a handgun

    Quote Originally Posted by Xringshooter View Post
    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.
    Thank you sir

  8. #8
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    Default 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.

  9. #9
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    Default Re: Question about shipping a handgun

    I called to check my ZIP CODE!....DY-NO-MITE!!!

  10. #10
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    Default Re: Question about shipping a handgun

    Quote Originally Posted by oldguy387 View Post
    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.

    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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