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Re: Legality of shipping a long gun in state

Posted: Sun Sep 16, 2018 2:13 pm
by zeebaron
Just in case it's not clear: it's not up to the carrier to ask what's in the box, the law places the entire responsibility on you to notify them. Says it right there in black and white.

People here won't risk catching a felony by violating 922 by not changing a magazine follower to comply, but they'll forgo their required duty in this situation...lol.

Re: Legality of shipping a long gun in state

Posted: Sun Sep 16, 2018 2:19 pm
by N4KVE
That’s not always possible. Where I used to work, the shipper piled up the boxes for the UPS driver to pick up. He then went out for 4 hours to make deliveries. The UPS driver would walk in, take the boxes, sign the book, & leave. There was nobody in the building to talk to. The closest employee was over 100 yards away in another building. By the time the shipper came back at lunchtime, the packages were gone. GARY.

Re: Legality of shipping a long gun in state

Posted: Sun Sep 16, 2018 7:52 pm
by Tenzing_Norgay
N4KVE wrote: Sun Sep 16, 2018 2:19 pm That’s not always possible. Where I used to work, the shipper piled up the boxes for the UPS driver to pick up. He then went out for 4 hours to make deliveries. The UPS driver would walk in, take the boxes, sign the book, & leave. There was nobody in the building to talk to. The closest employee was over 100 yards away in another building. By the time the shipper came back at lunchtime, the packages were gone. GARY.
When you fill out the shipping form (online or in person), there is a disclaimer that you sign either asking for the contents of the package (if it is insured over $99) or "is there anything in the package...batteries...prohibited items...blah, blah, blah). That is where they'll get you if the issue ever arises.

Legality of shipping a long gun in state

Posted: Sun Sep 16, 2018 8:10 pm
by dammitgriff
zeebaron wrote:Just in case it's not clear: it's not up to the carrier to ask what's in the box, the law places the entire responsibility on you to notify them. Says it right there in black and white.

People here won't risk catching a felony by violating 922 by not changing a magazine follower to comply, but they'll forgo their required duty in this situation...lol.
I guess it’s also not clear that the government has no business regulating private property, which firearms most certainly are.
There are zero injured parties that result in shipping firearms between two private parties. No difference between shipping a gun or a garden hoe. The FFL system is just another public/private racket, legalized by the state.
If they would get out of the way, private companies would be free to set their own policy on delivery of firearms. Some may refuse, but that would leave the market open for someone else with an entrepreneurial spirit.

Re: Legality of shipping a long gun in state

Posted: Sun Sep 16, 2018 9:18 pm
by zeebaron
dammitgriff wrote: Sun Sep 16, 2018 8:10 pm
zeebaron wrote:Just in case it's not clear: it's not up to the carrier to ask what's in the box, the law places the entire responsibility on you to notify them. Says it right there in black and white.

People here won't risk catching a felony by violating 922 by not changing a magazine follower to comply, but they'll forgo their required duty in this situation...lol.
I guess it’s also not clear that the government has no business regulating private property, which firearms most certainly are.
There are zero injured parties that result in shipping firearms between two private parties. No difference between shipping a gun or a garden hoe. The FFL system is just another public/private racket, legalized by the state.
If they would get out of the way, private companies would be free to set their own policy on delivery of firearms. Some may refuse, but that would leave the market open for someone with an entrepreneurial spirit.
I agree that it's a stupid law, especially coupled with the stipulation that the parcel's contents should essentially remain secret at all other times.

Re: Legality of shipping a long gun in state

Posted: Sun Sep 16, 2018 11:12 pm
by N4KVE
Tenzing_Norgay wrote: Sun Sep 16, 2018 7:52 pm When you fill out the shipping form (online or in person), there is a disclaimer that you sign either asking for the contents of the package (if it is insured over $99) or "is there anything in the package...batteries...prohibited items...blah, blah, blah). That is where they'll get you if the issue ever arises.
We used a book then. Maybe it’s done online now. The only signature on the page was the driver’s when he took the packages. There was no place for the shipper to sign. Did it from time to time to have 21” barrels shortened to 16”. And I didn’t pay extra for overnight shipping because packages between WPB, & Ft. Myers [Don] automatically arrived overnight, but travelled by ground. Never had a problem. GARY.

Re: Legality of shipping a long gun in state

Posted: Mon Sep 17, 2018 8:08 am
by jjk308
ATF FAQS 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]

THESE REGULATIONS APPLY TO INTERSTATE AND FOREIGN SHIPPING ONLY! Since the federal law specifically says "Interstate and foreign" it does NOT apply to intrastate shipping which is outside the boundaries of any federal powers. You can check them for yourself. The laws and regulations referenced are at:
http://www.gpo.gov/fdsys/pkg/USCODE-201 ... chap44.pdf
https://www.ecfr.gov/cgi-bin/text-idx?S ... .3.478_130

One problem with the notification for interstate shipping: If you have a shipping account at FedEx there is NO PLACE to notify them that it contains a firearm and you MAY NOT identify it as a firearm on the box. I've told the FedEx Office people a package contains a gun and they just do not care.

Legality of shipping a long gun in state

Posted: Mon Sep 17, 2018 12:31 pm
by dammitgriff
To summarize, and correct me if I’m wrong:
• Person to person rifles/shotguns over 16” barrel length inside Florida is ok...
• Person to person from Florida to another state must use FFL on receiver’s end...
• Handguns/pistols and rifles/shotguns under 16” barrel length must use FFL in-state and out-of-state.
Is that correct?

Re: Legality of shipping a long gun in state

Posted: Mon Sep 17, 2018 5:24 pm
by N4KVE
dammitgriff wrote: Mon Sep 17, 2018 12:31 pm To summarize, and correct me if I’m wrong
• Handguns/pistols and rifles/shotguns under 16” barrel length must use FFL in-state and out-of-state.
Is that correct?
Instate, anything can go door, to door. Out of state, you must send to his FFL for him to pick up there. GARY.

Re: Legality of shipping a long gun in state

Posted: Mon Sep 17, 2018 8:01 pm
by zeebaron
jjk308 wrote: Mon Sep 17, 2018 8:08 am THESE REGULATIONS APPLY TO INTERSTATE AND FOREIGN SHIPPING ONLY!
The Post Office, UPS, and FedEx are all interstate common carriers bound by Federal jurisdiction. Packages are often routed through different states on the way to their destination in the same originating state.