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September 12th, 2012, 09:39 AM #1
Legal question regarding interstate transport
Is this hypothetical scenario legal?
Bob lives in Florida. Bob drives to Pennsylvania to stay with his son, Bob Jr. He brings 2 handguns with him, protected under FOPA, for "lawful sporting purposes." To return home, he decides to fly instead of drive. But he doesn't want to bring his 2 handguns on checked baggage, for fear of being stolen. So he leaves the handguns in the care of Bob Jr., who then ships them with USPS or UPS to Bob's address in Florida.
Neither of them are prohibited.
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September 12th, 2012, 09:54 AM #2
Re: Legal question regarding interstate transport
1. FOPA transport does not require "lawful sporting purpose". It does require lawful to possess and transport in the states of origin/destination.
2. Transfers between residents of differing states requires to be formally done through an FFL (PA FFL in this case). He cannot just leave the handguns with the son for 'safekeeping' purposes (18 USC 922(a)(5)).
3. Son cannot ship handguns USPS except through an FFL.
4. Son cannot ship a handgun through UPS or FedEX (tariff restriction) except to an FFL.
5. Father could possible ship the handguns to himself while he is in Pa but finding a carrier (not USPS/UPS/FedEx) is problematic.
6. Why doesn't father take handguns back with him on the plane properly checked per TSA regs? Don't think there's much issue with theft but certainly would avoid lots of complications as indicated in 1-4 above.IANAL
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September 12th, 2012, 10:14 AM #3
Re: Legal question regarding interstate transport
There are lots of threads on airline travel with guns, it's really not that big a deal.
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September 12th, 2012, 10:14 AM #4
Re: Legal question regarding interstate transport
That's what I thought, thanks!
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September 12th, 2012, 10:47 AM #5
Re: Legal question regarding interstate transport
Something that "may" be legal?
Bob Sr packages the gun, labels the box, and does the shipping paperwork - then Bob Jr delivers the package to the common carrier. ..Bob Jr never has control and custody of the gun.
Now, thats if Sr can find a common carrier to ship the gun without an internal policy of requiring a FFL.
Common carriers aren't limited to UPS or Fedex. There are others like moving companies, railways, ships, armored car/security, etc. Although, checked baggage is probably going to be the least problematic and cheapest.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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