How to ship a firearm.... Review of Laws and Regulations

[Quarterbore]

Following is a review and summary of the regulations as they apply to shipping a firearm. I welcome any help or relevant regulations that I had missed...

A FAQ from the BATFE

From http://www.atf.gov/firearms/faq/faq2.htm

B. UNLICENSED PERSONS


(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

(B3) May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own state? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's state of residence for the purchaser to obtain the firearm from the dealer. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

(B8) May a nonlicensee ship a firearm through the U. S. Postal Service? [Back]

A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns 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.

(B9) May a nonlicensee ship a firearm by carrier? [Back]

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 ]

(B10) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]

Yes. A person may ship a firearm to himself or herself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

THE LAW

The US Code is general regulations that the US Government put down that they want to happen.

Following is the USC regulations: http://trac.syr.edu/laws/18USC922.html
I need some time to pull the relevant sections from that mess!

Regulations as quoted in post above that are relevent to FAQ (B9) May a nonlicensee ship a firearm by carrier?... which as quoted above 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 ]

See Note at botom of this post!

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 922. Unlawful acts
(a) It shall be unlawful -

(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that -

(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

< snip >

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver -

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

<snip>

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

The BATFE or appropriate government branch then takes the regulations in the USC and makes more specific regulations that are the law that we all need to apply with. These regulations are published in the Code of Federal Regulations or CFR.

www.atf.gov/pub/fire-explo_pub/part178.pdf

§ 178.31 Delivery by common or contract carrier.

(a) No person shall knowingly deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped: Provided, That any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of that trip without violating any provision of this part.

(b) No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container indicating that such package, luggage, or other container contains a firearm.

(c) No common or contract carrier shall transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of any provision of this part: Provided, however, That the provisions of this paragraph shall not apply in respect to the transportation of firearms or ammunition in in -bond shipment under Customs laws and regulations.

(d) No common or contract carrier shall knowingly deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm: Provided, That this paragraph shall not apply with respect to the return of a firearm to a passenger who places firearms in the carrier's custody for the duration of the trip.

[33 FR 18555, Dec. 14, 1968 . Redesignated at 40 FR 16385, Apr. 15, 1975, and amended by T.D. ATF-354, 59 FR 7112, Feb. 14, 1994; T.D. ATF-361, 60 FR 10786, Feb. 27, 1995]

Also note, the writen notification is stuck in a paragraph where it says that you can not ship a weapon to someone OTHER THAN a licensed importer, licensed manufacturer, licensed dealer, or licensed collector without written notification... In such, I guess this would be a requirement for such a written notification if you were to ship the gun to yourself in another state for a hunting trip? For exampe, you don't have an FFL and the weapon is being shipped interstate. on the otherhand, no notification would be required if shipining to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector as excepted in the regulations.

USPS Regulations related to Firearms

See http://www.usps.com/cpim/ftp/pubs/pub52.pdf
Starting at PDF Page 63
Note: also available as HTML file here http://www.usps.com/cpim/ftp/pubs/pub52.htm

[Quarterbore]

Another attempt to describe this mess...

Following information is borrowed from http://www.tradefirearms.com/firearms.html

Federal Law requires that all modern firearms be shipped only to a holder of a valid Federal Firearms License (FFL). The recipient must be have an FFL; however the sender is not required to have one. Any person who is legally allowed to own a firearm is legally allowed to ship it to an FFL holder for any legal purpose (including sale or resale).

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] B8)

May a nonlicensee ship a firearm through the U. S. Postal Service?
A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns 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. 'Antique' firearms need not be shipped to a licensed dealer. These can be shipped directly to the buyer. An antique firearm is a firearm built in or before 1898, or a replica thereof. The exact ATF definition of an antique firearm is:

Antique firearm.

(a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

(b) any replica of any firearm described in paragraph
(a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. Knives, air guns, accessories, and most gun parts need not be shipped to an FFL holder. We say most gun parts because each firearm contains at least one part that the ATF considers a firearm. This part is typically the part that contains the serial number. This part must be treated as a complete firearm when shipping the item. Ammunition must be clearly identified as 'Small Arms Ammunition' on the outside of the box. Some shippers treat ammunition as dangerous or hazardous materials.The section of the US Code that governs modern firearms is called Commerce in Firearms and Ammunition (CFA).

This code is available online at

www.atf.treas.gov/regulations/27cfr178.html When in doubt, we suggest arranging for transfer through a licensed dealer. Violation of the CFA is a felony and penalties for violation of it are severe Federal and State Law Resources

The Bureau of Alcohol, Tobacco, and Firearms (ATF) has a very comprehensive site containing information about the various Federal and state laws regulating firearms . Please refer to the ATF information for legal questions regarding firearms


ATF Home page: http://www.atf.treas.govATF

Compilation of the various state laws: http://www.atf.treas.gov/firearms/st...edition.htmATF

Firearms Division Main Page: http://www.atf.treas.gov/firearms/index.htm


Shipment by Unlicensed Persons Any shipper who does not have a Federal Firearms License (FFL) is considered to be an 'unlicensed person'

. This section contains information on how unlicensed persons can ship firearms. If you have an FFL, please skip to the next section for shipping suggestions.

The most important thing to know is that you must only ship guns to a licensed dealer. If the buyer is not a licensed dealer, he will have to make arrangements with a dealer in his state to ship the item to.

Before you ship a gun, the buyer must mail you a copy of the dealer's FFL license, signed in blue or red ink. You can only ship the gun to the address on the license. You must inform the carrier that the package contains a firearm. Of course, the firearm cannot be shipped loaded; ammunition may not be shipped in the same box.
You should take the copy of the signed FFL with you when you take the item to be shipped in case the shipper wishes to see it.Notes on specific shippers: US Mail: An unlicensed person can ship a rifle or shotgun by US Mail. Unlicensed persons cannot ship a handgun by US Mail.

Postal regulations allow the Post Office to open your package for inspection.

Ammunition cannot be shipped by US Mail. You can search the US Post Offer Postal Explorer site for specific USPS regulations regarding firearms and ammunition.FedEx: FedEx will only ship firearms via their Priority Overnight service. Ammunition must be shipped as dangerous goods.UPS: UPS will accept handgun shipments by Next Day Air only.

Rifles and shotguns can be shipped by UPS ground service. UPS will accept shipments of ammunition.Most other shippers will no longer accept firearm shipments. Airborne and Roadway have specifically prohibited firearm shipments.




Shipment by Licensed Persons Any shipper who has a Federal Firearms License (FFL) is considered to be a 'licensed person'.


This section contains information on how licensed persons can ship firearms if you do not have an FFL, please see the previous section of this page for for shipping instructions. Since licensed persons are responsible for knowing the law, we are going to assume that you already understand the CGA and know the applicable Federal, state, and local laws. Notes on specific shippers:

US Mail: Licensed persons can ship a rifle, shotguns, or handguns by US Mail. In fact, we suggest that you use the USPS as it is now the most cost-effective way to ship a handgun. To ship a rifle or shotgun, you need only inform the Post Office that the package contains a firearm . A licensed manufacturer, dealer, or importer can ship a handgun via the US Post Office if the licensed dealer fills out a US Post Office Form PS 1508 and files it with the local Post Office branch where the handgun is to be shipped. You can search the US Post Offer Postal Explorer site for specific USPS regulations regarding firearms and ammunition.

FedEx: FedEx will only ship firearms via their Priority Overnight service. Ammunition must be shipped as dangerous goods. NSSF members can sign up for a discount of up to 26% on FedEx shipments.

UPS: UPS will accept handgun shipments by Next Day Air only. Rifles and shotguns can be shipped by UPS ground service. UPS will accept shipments of ammunition. Most other shippers will no longer accept firearm shipments.

Airborne and Roadway have specifically prohibited firearm shipments.
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Notes on USPS Firearm Regulations

We recommend that you read the Post Office regulations on Other Restricted or Nonmailable Matter before shipping a firearm through the US Mail. The following info comes from the USPS Regulation DMM Issue 54, January 10, 1999, section C-024Page C-39, section 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 or 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." Page C-39, section 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 following pertains only to licensed dealers shipping handguns:

Page C-37, section 1.3, Authorized 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

Page C-38, section 1.5, Manufacturers 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."

Page C-38, section 1.6, Certificate 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 components 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."