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Thread: legality question
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May 16th, 2010, 11:00 AM #1Junior Member
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legality question
Ok, I've checked the other threads about registration/transfer laws, but I'm not sure I've got my answer because it seems my situation is a bit unique.
I purchased a receiver for a ruger 1022 lr from a website in MO. I had it send to a dealer with an FFL, but they weren't there when it was delivered. I got an email from the post office saying it was there.
I figured "what the heck" and i went down to the post office. To my surprise, they gave me my package. My question to the experts is: Do i need to take my receiver (now a full rifle) up to the shop to do any kind of paperwork?
Thanks in advance for any input.
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May 16th, 2010, 12:07 PM #2
Re: legality question
WOW -- thats a good question.
Unfortunately when you asked youself "what the heck" you should have answered "because its a Federal crime" (18 USC 922(a)(3))
I don't know what would be the proper way of legalizing your current situation. At the very least it will require 'Proper' transfer but I'll let some FFL's with better knowledge opine on whether they would do a transfer under this situation.IANAL
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May 16th, 2010, 12:47 PM #3
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May 16th, 2010, 01:22 PM #4
Re: legality question
18 USC 922 (B)(2) willful shipment of a firearm to an unlicensed recipient - 5 years 924 (A)(1)(d)
18 USC 922 (B)(3) willful sale to an out-of-state recipient - 5 years 924 (A)(1)(d)
IANAL
If God didn't intend us to have guns why would he have given us a trigger finger?
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May 16th, 2010, 07:52 PM #5
Re: legality question
A receiver is a firearm for purposed of the Federal statutes of Title 18 Chapt 44.. Actually its not either state but any state for the FFL. He could use a MO FFL for a longarm BUT he MUST effect the transfer from that MO FFL in person. Since did not he if forced to use an FFL at the receiving end which he did not do -hence the violation.
Yes but the MO seller shipped it to an FFL so the seller is in the clear. The violation is on the OP and quite possibly the USPS clerk who delivered the package that I presume was addressed to the receiving FFL and not the OP himself.Last edited by tl_3237; May 16th, 2010 at 07:54 PM.
IANAL
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May 16th, 2010, 08:29 PM #6
Re: legality question
The shipper sent it to an FFL. Not a crime.
The USPS didn't know what was inside, so no willful act.Last edited by GunLawyer001; May 17th, 2010 at 11:07 AM. Reason: Removed the wrong parts.
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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May 16th, 2010, 10:22 PM #7
Re: legality question
If the package was addressed to the FFL, how did USPS know to email the OP?
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May 16th, 2010, 10:34 PM #8
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May 17th, 2010, 05:58 AM #9
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May 17th, 2010, 06:53 AM #10
Re: legality question
Maybe it was addressed:
John Smith
c/o Wingnuts Gun Shop
Crazy Horse Rd
Perryopolis, Pa
Small post office, clerk knows John Smith. Possible???
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