Shipping a rifle in state from person to person
- Thread starter coance
- Start date
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Firearmfanatic
*Banned*
You as a non ffl can ship a long firearm to another non ffl within the same state that both the seller and buyer reside in without having to go through an ffl in the state of Louisiana. You can ship it by usps, ups, or fedex. Ship it ground priority with tracking and an adult signiture required by the accepting party and you are good to go. All legal.
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To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.
Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.
Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
Firearmfanatic
*Banned*
The OP is referring to in state transfer from an unlicensed individual to an other unlicensed individual with in the same state and not outside of the state of the seller or purchaser. The out of state transfer of either the seller or purchaser is not in question here due to the OP's post. He/she is shipping in state to the purchaser who also happens to be in state according to his post. Again, totally legal!
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Firearmfanatic
*Banned*
Here is what I found on the atf site regarding shipment of firearms by the usps and common carriers and according to selling and purchasing between individuals residing in the same state and those that do not both reside in the same state:
"May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(5) and 922 (a)(2)(A); 27 CFR 478.31]
Last Reviewed September 23, 2016
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 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 or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.
[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
Last Reviewed September 23, 2016
Are curio or relic firearms exempt from the provisions of the GCA?
No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.
[18. U.S.C. 921(a)(3) and (13) and 923(b); 27 CFR 478.11]
Last Reviewed September 23, 2016
What recordkeeping procedures should be followed when two unlicensed individuals want to engage in a firearms transaction?
When a transaction takes place between unlicensed persons who reside in the same State, the GCA does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in his or her State of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are *same–State* residents.
There may be State or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information regarding any such requirements.
Last Reviewed September 23, 2016
How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.
[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
Last Reviewed September 23, 2016"
"May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(5) and 922 (a)(2)(A); 27 CFR 478.31]
Last Reviewed September 23, 2016
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 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 or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.
[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
Last Reviewed September 23, 2016
Are curio or relic firearms exempt from the provisions of the GCA?
No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.
[18. U.S.C. 921(a)(3) and (13) and 923(b); 27 CFR 478.11]
Last Reviewed September 23, 2016
What recordkeeping procedures should be followed when two unlicensed individuals want to engage in a firearms transaction?
When a transaction takes place between unlicensed persons who reside in the same State, the GCA does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in his or her State of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are *same–State* residents.
There may be State or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information regarding any such requirements.
Last Reviewed September 23, 2016
How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.
[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
Last Reviewed September 23, 2016"
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Good info here. I've been working on understanding the shipping laws myself. To get some clarity on the above post from Firearm Fanatic. What is your experience with shipping handguns via USPS as an FFL? I was at the post office asking multiple questions about all of this the other day and the postmaster gave me a form to fill out while telling me that as long as I had an FFL I could legally ship handguns through them. The document I was provided says licensed dealers and manufacturers can mail via USPS as per 432.22. "Authorized Person" Must be shipped between dealers or manufacturers, and must be declared prior to shipping.
Firearmfanatic
*Banned*
I believe I may have gotten this off of the USPS website a few years back but, I am not totally certain:
"C024 describes other restricted or nonmailable items (e.g., firearms, sharp instruments, controlled substances, pesticides).
1.0 Pistols, Revolvers, and Other Concealable Firearms
1.1Definitions
The terms used in this standard are defined as follows:
a. Handgun means any pistol, revolver, or other firearm or device the mailing of which is regulated by this standard.
b. Pistol or revolver means a handgun styled to be fired by the use of a single hand and to fire or otherwise expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.
c. Firearm means any device, including a starter gun, designed to, or that may readily be converted to, expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.
d. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.
e. Short-barreled shotgun means a shotgun that has one or more barrels less than 18 inches long. The term short-barreled rifle means a rifle that has one or more barrels less than 16 inches long. These definitions include any weapon made from a shotgun or rifle, whether by alteration, modification, or otherwise, if such weapon as modified has an overall length of less than 26 inches. A short-barreled shotgun or rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.
f. Licensed manufacturer and licensed dealer mean, respectively, a manufacturer of firearms or a bona fide dealer of firearms, duly licensed by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury, under the Gun Control Act of 1968 (Public Law 90-618), 18 USC 921, et seq.
g. Antique firearm means any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, or any replica thereof, if such replica:
(1) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
(2) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
1.2Handguns
Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable unless mailed between the parties listed in 1.3 and 1.5 after the filing of an affidavit or statement required by 1.4 and 1.6.
1.3Authorized Persons
Subject to 1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, or an authorized agent of the federal government or the government of a state, territory, or district, only when addressed to a person in one of the following categories for use in the person’s official duties:
a. Officers of the Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
b. Officers of the National Guard or militia of a state, territory, or district.
c. Officers of the United States or of a state, territory, or district, whose official duty is to serve warrants of arrest or commitment.
d. USPS employees authorized by the Chief Postal Inspector.
e. Officers and employees of enforcement agencies of the United States.
f. Watchmen engaged in guarding the property of the United States, a state, territory, or district.
g. Purchasing agent or other designated member of agencies employing officers and employees included in 1.3c through 1.3e.
1.4Affidavit of Addressee
Any person proposing to mail a handgun under 1.3 must file with the postmaster, at the time of mailing, an affidavit signed by the addressee setting forth that the addressee is qualified to receive the firearm under a particular category of 1.3a through 1.3g, and that the firearm is intended for the addressee’s official use. The affidavit must also bear a certificate stating that the firearm is for the official duty use of the addressee, signed by one of the following, as appropriate:
a. For officers of Armed Forces, by the commanding officer.
b. For officers and employees of enforcement agencies, by the head of the agency employing the addressee to perform the official duty with which the firearm is to be used.
c. For watchmen, by the chief clerk of the department, bureau, or independent branch of the government of the United States, the state, the territory, or the district by which the watchman is employed.
d. For the purchasing agent or other designated member of enforcement agencies, by the head of such agency, that the firearm is to be used by an officer or employee included in 1.3c through 1.3e.
1.5Manufacturers and Dealers
Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts.
1.6Certificate of Manufacturers and Dealers
A licensed manufacturer or dealer need not file the affidavit under 1.4, but must file with the postmaster a statement on Form 1508 signed by the mailer that he or she is a licensed manufacturer or dealer of firearms, that the parcels containing handguns (or major component parts thereof) are customary trade shipments or contain such articles for repairing or replacing parts, and that to the best of his or her knowledge or belief the addressees are licensed manufacturers or dealers of firearms.
1.7FBI Crime Detection Bureaus
Handguns may be mailed without regard to 1.3 through 1.6 if:
a. Addressed to the Federal Bureau of Investigation (FBI), or its director, or to the scientific laboratory or crime detection bureau of any agency whose members are federal law enforcement officers or officers of a state, territory, or district authorized to serve warrants of arrest or commitment; or
b. Offered by an authorized agent of the federal government as an official shipment to any qualified addressee in categories 1.3a through 1.3g, or to a licensed manufacturer or dealer of firearms or to a federal agency.
2.0 Antique Firearms
Antique firearms sent as curios or museum pieces may be accepted for mailing without regard to 1.3 through 1.6.
3.0 Rifles and Shotguns
Although unloaded rifles and shotguns not precluded by 1.1e and 1.2 are mailable, mailers must comply with the Gun Control Act of 1968, Public Law 90-618, 18 USC 921, et seq., and the rules and regulations promulgated thereunder, 27 CFR 178, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the gun is unloaded and not precluded by 1.1e.
4.0 Legal Opinions on Mailing Firearms
Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Contact the nearest office of the Bureau of Alcohol, Tobacco and Firearms for further advice.
5.0 Knives and Sharp Instruments
5.1Mailability
Knives (including sharp-pointed instruments such as stilettos that lack cutting edges) with a blade that opens automatically by hand pressure applied to a button or other device in the handle, or by operations of inertia, gravity, or both, or with a detachable blade propelled by a spring-operated mechanism, are mailable only when sent to:
a. The respective government’s or organization’s designated supply or procurement officers and employees ordering, procuring, or buying such knives for use with the activities of the federal government; the National Guard, the Air National Guard, or the militia of a state, territory, or the District of Columbia; or the municipal government of the District of Columbia or of the government of any state or territory, or of any county, city, or other political subdivision of a state or territory.
b. Manufacturers of such knives, or bona fide dealers of such knives, in connection with a shipment made under an order from any person designated in 5.1a.
5.2Addressee Identification
Before delivering a shipment (or parcel) that contains an article or articles described in 5.1, a USPS employee may require that the recipient identify himself or herself as in one of the categories in 5.1a.
5.3Wrapping
Sharp-pointed or sharp-edged instruments such as knives, tools, ice picks, and razor blades, that are otherwise mailable, must be wrapped to protect their points and edges from cutting through the outer carton in which they are mailed.
6.0 Prohibited Parcel Marking
For any parcel containing a firearm or a ballistic or switchblade knife, any marking that indicates the contents is not permitted on the outside wrapper or container."
The only ffl I hold is an 03 C&R which does not allow me to ship handguns through the usps. If I need to ship one, I go to an 01 or better ffl and have he/she ship it for me. The only other way which I could legally use to ship a handgun would be for me to ship it by ups or fedex overnight air but, that is very expensive.
"C024 describes other restricted or nonmailable items (e.g., firearms, sharp instruments, controlled substances, pesticides).
1.0 Pistols, Revolvers, and Other Concealable Firearms
1.1Definitions
The terms used in this standard are defined as follows:
a. Handgun means any pistol, revolver, or other firearm or device the mailing of which is regulated by this standard.
b. Pistol or revolver means a handgun styled to be fired by the use of a single hand and to fire or otherwise expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.
c. Firearm means any device, including a starter gun, designed to, or that may readily be converted to, expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.
d. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.
e. Short-barreled shotgun means a shotgun that has one or more barrels less than 18 inches long. The term short-barreled rifle means a rifle that has one or more barrels less than 16 inches long. These definitions include any weapon made from a shotgun or rifle, whether by alteration, modification, or otherwise, if such weapon as modified has an overall length of less than 26 inches. A short-barreled shotgun or rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.
f. Licensed manufacturer and licensed dealer mean, respectively, a manufacturer of firearms or a bona fide dealer of firearms, duly licensed by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury, under the Gun Control Act of 1968 (Public Law 90-618), 18 USC 921, et seq.
g. Antique firearm means any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, or any replica thereof, if such replica:
(1) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
(2) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
1.2Handguns
Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable unless mailed between the parties listed in 1.3 and 1.5 after the filing of an affidavit or statement required by 1.4 and 1.6.
1.3Authorized Persons
Subject to 1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, or an authorized agent of the federal government or the government of a state, territory, or district, only when addressed to a person in one of the following categories for use in the person’s official duties:
a. Officers of the Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
b. Officers of the National Guard or militia of a state, territory, or district.
c. Officers of the United States or of a state, territory, or district, whose official duty is to serve warrants of arrest or commitment.
d. USPS employees authorized by the Chief Postal Inspector.
e. Officers and employees of enforcement agencies of the United States.
f. Watchmen engaged in guarding the property of the United States, a state, territory, or district.
g. Purchasing agent or other designated member of agencies employing officers and employees included in 1.3c through 1.3e.
1.4Affidavit of Addressee
Any person proposing to mail a handgun under 1.3 must file with the postmaster, at the time of mailing, an affidavit signed by the addressee setting forth that the addressee is qualified to receive the firearm under a particular category of 1.3a through 1.3g, and that the firearm is intended for the addressee’s official use. The affidavit must also bear a certificate stating that the firearm is for the official duty use of the addressee, signed by one of the following, as appropriate:
a. For officers of Armed Forces, by the commanding officer.
b. For officers and employees of enforcement agencies, by the head of the agency employing the addressee to perform the official duty with which the firearm is to be used.
c. For watchmen, by the chief clerk of the department, bureau, or independent branch of the government of the United States, the state, the territory, or the district by which the watchman is employed.
d. For the purchasing agent or other designated member of enforcement agencies, by the head of such agency, that the firearm is to be used by an officer or employee included in 1.3c through 1.3e.
1.5Manufacturers and Dealers
Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts.
1.6Certificate of Manufacturers and Dealers
A licensed manufacturer or dealer need not file the affidavit under 1.4, but must file with the postmaster a statement on Form 1508 signed by the mailer that he or she is a licensed manufacturer or dealer of firearms, that the parcels containing handguns (or major component parts thereof) are customary trade shipments or contain such articles for repairing or replacing parts, and that to the best of his or her knowledge or belief the addressees are licensed manufacturers or dealers of firearms.
1.7FBI Crime Detection Bureaus
Handguns may be mailed without regard to 1.3 through 1.6 if:
a. Addressed to the Federal Bureau of Investigation (FBI), or its director, or to the scientific laboratory or crime detection bureau of any agency whose members are federal law enforcement officers or officers of a state, territory, or district authorized to serve warrants of arrest or commitment; or
b. Offered by an authorized agent of the federal government as an official shipment to any qualified addressee in categories 1.3a through 1.3g, or to a licensed manufacturer or dealer of firearms or to a federal agency.
2.0 Antique Firearms
Antique firearms sent as curios or museum pieces may be accepted for mailing without regard to 1.3 through 1.6.
3.0 Rifles and Shotguns
Although unloaded rifles and shotguns not precluded by 1.1e and 1.2 are mailable, mailers must comply with the Gun Control Act of 1968, Public Law 90-618, 18 USC 921, et seq., and the rules and regulations promulgated thereunder, 27 CFR 178, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the gun is unloaded and not precluded by 1.1e.
4.0 Legal Opinions on Mailing Firearms
Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Contact the nearest office of the Bureau of Alcohol, Tobacco and Firearms for further advice.
5.0 Knives and Sharp Instruments
5.1Mailability
Knives (including sharp-pointed instruments such as stilettos that lack cutting edges) with a blade that opens automatically by hand pressure applied to a button or other device in the handle, or by operations of inertia, gravity, or both, or with a detachable blade propelled by a spring-operated mechanism, are mailable only when sent to:
a. The respective government’s or organization’s designated supply or procurement officers and employees ordering, procuring, or buying such knives for use with the activities of the federal government; the National Guard, the Air National Guard, or the militia of a state, territory, or the District of Columbia; or the municipal government of the District of Columbia or of the government of any state or territory, or of any county, city, or other political subdivision of a state or territory.
b. Manufacturers of such knives, or bona fide dealers of such knives, in connection with a shipment made under an order from any person designated in 5.1a.
5.2Addressee Identification
Before delivering a shipment (or parcel) that contains an article or articles described in 5.1, a USPS employee may require that the recipient identify himself or herself as in one of the categories in 5.1a.
5.3Wrapping
Sharp-pointed or sharp-edged instruments such as knives, tools, ice picks, and razor blades, that are otherwise mailable, must be wrapped to protect their points and edges from cutting through the outer carton in which they are mailed.
6.0 Prohibited Parcel Marking
For any parcel containing a firearm or a ballistic or switchblade knife, any marking that indicates the contents is not permitted on the outside wrapper or container."
The only ffl I hold is an 03 C&R which does not allow me to ship handguns through the usps. If I need to ship one, I go to an 01 or better ffl and have he/she ship it for me. The only other way which I could legally use to ship a handgun would be for me to ship it by ups or fedex overnight air but, that is very expensive.
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