Selling a pistol on line

[FTRrookie]

I'm confused. As I usually am when I start trying to understand the legal system. Here's my question.

If I were to put a pistol up for auction and it sells out of state do I have to give it to a FFL to ship to the buyers FFL or can I ship it to his/her FFL?

 

[fepowered]

Federal Law allows you to ship it directly to a FFL.

 

[whitsend]

Depends.

While Federal law allows you to ship to a FFL, some FFLs will not accept delivery from an individual.
So you may have to have a local FFL ship it.

It is much easier to sell here on BS. Face to face or is a long gun ship to buyer in state.

 

[sawgrass]

This may help...

http://www.gunbroker.com/Support/SupportFAQView.aspx?faqid=1118

Read: Shipment by unlicensed person

.

 

[FTRrookie]

Thanks Sawgrass that helped but brought up another question. If I'm reading this right:

Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:
(B9) May a nonlicensee ship a firearm by carrier?
A nonlicensee may ship a firearm by 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. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]

Then is it legal for me to sell a pistol to someone in another part of the state and ship to them directly?

 

[madmax4x4]

Thanks Sawgrass that helped but brought up another question. If I'm reading this right:

Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:
(B9) May a nonlicensee ship a firearm by carrier?
A nonlicensee may ship a firearm by 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. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]

Then is it legal for me to sell a pistol to someone in another part of the state and ship to them directly?

didn't think you could ship handguns in state to the buyers door but posts below say yes. This needs a sticky

 

[fepowered]

Then is it legal for me to sell a pistol to someone in another part of the state and ship to them directly?

Yes, Federal law allows this.

No you can ship long guns in state to the buyers door but not handguns

There is no Federal code prohibiting this and the ATF FAQ which is quoted above states that it is fine.

 

[spanky]

Based on that quote I don't see any reason why you couldn't ship a long-gun or handgun in-state to a non-license holder.

 

[whitsend]

No you can ship long guns in state to the buyers door but not handguns

I have always heard this too, but according to the quotes on the ATF site it sounds like long gun or pistol can be shipped in state.

Unless there is a state law that states otherwise.

 

[madmax4x4]

Ok how can you ship a handgun in state then? UPS, Fed ex, USPS? I'm not talking about any law :P

 

[Tulse Luper]

Ok how can you ship a handgun in state then? UPS, Fed ex, USPS? I'm not talking about any law :P

Questions 7 and 8, Max.

http://www.atf.gov/firearms/faq/unlicensed-persons.html


UPS and FedEx will ship a handgun. They require you ship overnight and notify the counter agent.

 

[madmax4x4]

ETA they have always asked to see the ffl but I have only shipped out of state.
From fedex
FedEx Express can only accept and deliver firearms between areas served in the U.S. under the following conditions: (1) you agree to tender shipments of firearms to us only when either the shipper or recipient is a licensed manufacturer, licensed importer, licensed dealer or licensed collector and is not prohibited from making such shipments by local, state or federal regulations; (2) the shipper and recipient must be of legal age as identified by applicable state law.
*
FedEx Firearm Shipping Regulations
Home*::*FedEx Firearm Shipping Regulations
FedEx Shipping Terms & Conditions - Firearms

* Special Procedures for Shipping Firearms

*



FedEx EXPRESS rules:
http://www.fedex.com/us/services/terms/us.html

FedEx GROUND rules:
http://www.fedex.com/us/services/te...oundtariff.html


FedEx EXPRESS rules:* Firearms

FedEx Express can only accept and deliver firearms between areas served in the U.S. under the following conditions: (1) you agree to tender shipments of firearms to us only when either the shipper or recipient is a licensed manufacturer, licensed importer, licensed dealer or licensed collector and is not prohibited from making such shipments by local, state or federal regulations; (2) the shipper and recipient must be of legal age as identified by applicable state law.
*

Firearms must be shipped via FedEx Priority Overnight service. FedEx cannot ship or deliver firearms C.O.D. or with a signature release. Upon presenting the package for shipment, the person tendering the shipment to FedEx is required to notify the FedEx employee who accepts the package that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm. Firearms shipments cannot be placed in a FedEx Express Drop Box.
*

You also agree not to ship loaded firearms or firearms with ammunition in the same package. Ammunition is an explosive and must be shipped separately as dangerous goods. The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.

FedEx Ground rules:**Firearms

*** FedEx Ground will transport firearms (excluding handguns), but only between:

1. Licensed importers, licensed manufacturers, licensed dealers, licensed collectors, law enforcement agencies of the U.S. or of any department or agency thereof, and law enforcement agencies of any state or any department, agency, or political subdivisions thereof; or
*

2. Where not prohibited by local, state and federal law from individuals to licensed importers, licensed manufacturers or licensed dealers for the purpose of repair or customizing (and return of same).
*

3. Firearms must be shipped via the FedEx Delivery Signature Options Direct Signature Required or Adult Signature Required options and are not eligible for signature release, driver release or indirect delivery.
*

4. FedEx Ground will transport small-arms ammunition, when packed and labeled in compliance with local, state and federal law, and the Hazardous Materials section of this tariff.
*

5. FedEx Ground will not accept for transport handguns, assembled or disassembled.
*

6. Firearms and ammunition must be shipped in separate packages.



UPS
Use These UPS Services for Your Firearm Shipment

Firearms will be transported only between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors, as defined in the United States Gun Control Act of 1968, law enforcement agencies of the United States or of any department or agency thereof and law enforcement agencies of any state or department agency, or political subdivision thereof, and between persons not otherwise prohibited from shipping firearms by federal, state or local law and when such shipment complies with all applicable federal, state and local laws.

So will ups or fedex ask to see an ffl? They have every time I have shipped a gun. Or ups has I have never shipped fedex

 

[Tulse Luper]

So will ups or fedex ask to see an ffl? They have every time I have shipped a gun. Or ups has I have never shipped fedex

They seem to have two set of rules:

http://www.fedex.com/us/national/rulestariff/prohibited_articles.html

But you are right, I believe. Either the recipient or shipper will need a FFL.

 

[Tulse Luper]

UPS has never asked me for an FFL.

UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation from and between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), law enforcement agencies of the United States (or of any department or agency of the United States), law enforcement agencies of any state or department agency (or political subdivision of any state), from and between persons not otherwise prohibited from shipping firearms by federal, state or local law, and when such shipment complies with all federal, state and local laws applicable to the shipper, recipient, and package.

Unless I'm missing something else, seem UPS is last shipper with balls.