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? law on shipping gun,Individual to Individal

Discussion in 'Uncategorized Threads' started by Southern Gent, Sep 24, 2007.

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  1. Southern Gent

    Southern Gent TS Member

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    Depends on what the gun is and where the individuals are.

    You can ship transfer and ship a gun directly to a person who is a resident of the same state of which you are a resident. (of course the recipient has to be legally able to receive the gun.)
     
  2. emm2

    emm2 Member

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    You did not break any law because you did not sell the gun. Sending it off for repair or shipping to a shoot location is totally legal.
     
  3. jakearoo

    jakearoo Active Member

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    We better get some authority here. Sounds like folks are advising out of the air. Jake
     
  4. Southern Gent

    Southern Gent TS Member

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    As this discussion invariably does, two issues are addressed as if they are one.

    The issues are what is legally required and what does the shipper require.

    All of your questions can be answered here: http://www.atf.treas.gov/firearms/faq/faq2.htm#i1

    "I send my gun ahead frequently when shooting out of state, to myself at my hotel, am I breaking the law?"

    No, this is specifically addressed in the questions referenced. (B(9))

    "I shipped my 303 to Tron and he didn't have an FFL. He just fixed the stock and sent it back to me. Did I break the law?"

    No. You both might want to look at Question I(1).

    "I just recived my Beretta with release triggers from Phillip by UPS. I took my Browning Recoilless to UPS and shipped it to Phillip at a Wisconsin address. I showed them the gun told them it was going to a gunsmith for repair. The girl looked at the document on the wall and said okay, no FFL required."

    UPS does not require a FFL for the recipient. If the recipient repairs firearms, then he needs the appropriate FFL. So the answer to the question, "may I ship a gun to a non-licensee for repair" is "yes". The answer to the question "may a non-licensee be in the business of gun repair" is "no". Likewise, a licensed repair facility can ship your own gun back to you, even though you don't have a FFL. I have seen some people state that this is not true.

    The problem when this question (or similar ones) is asked, people try to give a global answer that is not tailored to the specific question.

    Also, you have to be aware of any state level regulations which may be more restrictive than the federal ones.
     
  5. 870

    870 Well-Known Member

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    Southern Gent:

    ' "I shipped my 303 to Tron and he didn't have an FFL. He just fixed the stock and sent it back to me. Did I break the law?"

    No. You both might want to look at Question I(1).'

    I would have thought the answer to that was Yes, he broke the law. Assuming Tron was not in the same state?
     
  6. Southern Gent

    Southern Gent TS Member

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    "I would have thought the answer to that was Yes, he broke the law. Assuming Tron was not in the same state?"


    I have reviewed further the FAQ's and decided that you are indeed correct. I am basing this on a more analytical reading of B7 and B8.
     
  7. Tron

    Tron Supporting Vendor Supporting Vendor

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    Oat-OH....you guys aint goin' to call the fuzz on me are ya?? I aint goin' back to prison! They aint gettin' me alive!!

    Tron.
     
  8. g7777777

    g7777777 TS Supporters TS Supporters

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    I think the standard is that you have to have a reasonable belief that the individual you are sending a firearm to has an FFL

    regards from Iowa

    Gene
     
  9. Tron

    Tron Supporting Vendor Supporting Vendor

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    Thanks Gene....that puts my mind somewhat at ease. I was one of those guys that did time for what I consider a really stupid law. You know that tag on the mattress that says "Do Not Remove Under the Penalty of the Law".....well, it's no joke. THEY REALLY MEAN IT.

    Tron.
     
  10. flylta

    flylta TS Member

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    Here's another one.

    My uncle has my Father's 22 and Grandfathers 16g O/U, he is no longer using either and is willing to give them to me but asked how to legally get them to me. He works for the DOJ so he wants to be on the up and up. I figured since there is no sale and we rightfully left to my father they could be shipped to him via my address, he lives in a motorhome full time.

    Does this sound legal or should I wait until my Dad goes through there in his motorhome to pick them up?

    Thanks
    Ron
     
  11. Southern Gent

    Southern Gent TS Member

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    "Does this sound legal or should I wait until my Dad goes through there in his motorhome to pick them up?"

    Unfortunately, neither option meets the obligations of the law, unless your father resides in the same state as you do. If he does not, legally, the transfer has to go through an FFL. This is addressed specifically in the BATFE regs somewhere.

    Although there is no "sale" there is a "transfer" which is the operative term for the BATFE.

    There is an exception, I believe, for a transfer from an estate, but regrettably this option would require that your father be deceased.
     
  12. g7777777

    g7777777 TS Supporters TS Supporters

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    Tron must be on a fishing operation- although I thought the King Salmon start biting near shore at this time of year

    Gene
     
  13. Bustedemall

    Bustedemall TS Member

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    If you are gunsmithing you have to have an FFL if you keep a someones firearm overnight whether they live in your state or not. That is the standard, keeping the firearm overnight or longer. You should always make sure a gunsmith has an FFL before sending him your gun, all FFL's are listed on the ATF web site.
     
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