redhead522

Hello everyone,
I'm trying to sell a gun online, but have run into some problems with the shipping. USPS will not ship ammunition or firearms. I don't know if Fedex or DHL will. And according to UPS' website, they're very anal about it.ie can only ship at specific locations,sounds like you need a UPS account, etc Maybe I'm reading it wrong, but have any of you shipped afirearm before, and if so, how'd you do it? Did you have a lot of problems? Thanks

jcchartboy

[align=center]Start with this......
Overview

This page provides information about Federal Laws, step that must be followed, and notes on using specific shippers when shipping firearms. This page is oriented toward the seller of an item. If you need information about how to buy a firearm through GunBroker.com, please refer to our Buyer's Tutorial.
This page contains information oriented toward persons shipping firearms within the United States. For sellers located outside the United States, please see our Import / Export Page.



Shipping Legalities

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? [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.
'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.gov
ATF Compilation of the various state laws: http://www.atf.treas.gov/firearms/statelaws/22edition.htm
ATF 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 fax or mail you a copy of the dealer's signed FFL license. 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. UPS does not allow shipment of firearms FROM an unlicensed person (even to an FFL), unless the stated reason for the firearm shipment is for repair or modifications.
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.



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-024
Page 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."
http://www.gunbroker.com/Support/SupportFAQView.asp?FAQID=1118&NoCount=1 [/align]

redhead522

I once went to the USPS Post Office to ship a firearm. Not only did the worker say that I could not ship a firearm, he was extremely rude about it. As if he thought I'd open the package and open fire. So does this mean that he was wrong, or me? Also, even if he is wrong, what evidence do I have to prove him wrong?

bigcountry

red, been thru the same in thepast. What I do is find a good gunsmith to ship it out for me. UPS rarely gives an FFL licence holder any trouble. He charges 15 dollars to handle it plus shipping.

eldeguello

IF it was a rifle or shotgun, and you wanted to ship it to a Federal Firearms License holder, the postal clerk was wrong. Tell him he's wrong, and ask him/her to show you where in the Postal Regulations Manual it gives him the information upon which he based his refusal.l If the clerk does notsatisfy you request to see the Postmaster! If the clerk is rude, again, ask to see the Postmaster and lodge a complaint.

IF you had the package addressed to a non-FFL holder, or it was a handgun, the clerk was right.

Rebel Hog

Red, it can't be any clearer!


Shipping Legalities

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]

Brush hunter

Well put Rebel Hog.

redhead522

It was a rifle, and I was returning it to a manufacture for repair. But I do know about the FFL requirement. Thanks for the input.

MizzoukiSpot

What if you break it down and ship seperately...such as remove the bolt and send the gun without it...or ship an over and under with the tube in one box and the stock in the other?

rjhans53

(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.

(B11) May a person who is relocating out-of-state move firearms with other household goods? [Back]

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her state of residence. Certain NFA firearms must have prior approval from the Bureau of ATF, NFA Branch, Washington, DC 20226, before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance. [18 U. S. C. 922( a)( 4), 27 CFR 178.28 and 178.31]

(B12) What constitutes residency in a state? [Back]
Th
(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.

(B11) May a person who is relocating out-of-state move firearms with other household goods? [Back]

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her state of residence. Certain NFA firearms must have prior approval from the Bureau of ATF, NFA Branch, Washington, DC 20226, before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance. [18 U. S. C. 922( a)( 4), 27 CFR 178.28 and 178.31]

(B12) What constitutes residency in a state? [Back]
The state of residence is the state in which an individual is present with the intention of making a home in that state. A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member's permanent duty station is in a nearby state to which he or she commutes each day, then the member may purchase a firearm in either the state where the duty station is located or the state where the home is maintained. An alien who is legally in the United states is considered to be a resident of a state only if the alien is residing in that state and has resided in that state continuously for a period of at least 90 days prior to the date of sale of the firearm. [18 U. S. C. 921( b) and 922( b)( 3), 27 CFR 178.11]
e state of residence is the state in which an individual is present with the intention of making a home in that state. A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member's permanent duty station is in a nearby state to which he or she commutes each day, then the member may purchase a firearm in either the state where the duty station is located or the state where the home is maintained. An alien who is legally in the United states is considered to be a resident of a state only if the alien is residing in that state and has resided in that state continuously for a period of at least 90 days prior to the date of sale of the firearm. [18 U. S. C. 921( b) and 922( b)( 3), 27 CFR 178.11]
Right off the BATF website