My editors have been hearing from some readers who are running into trouble when attempting to ship a firearm they sold through GDTM. These are non-licensed individuals who might be shipping only a gun or two, not dealers. Seems they are being refused service or given incorrect information when attempting to ship through the US Post Office, or a common carrier such as UPS or Fed Ex.
Since I ship several firearms every week, I was asked to provide some information on the legal ways to ship firearms. What follows is not legal advice and is provided as information only. If you are going to ship any firearms, I urge you to verify this information at the sources.
The first things a gun shipper needs to know are the Federal rules regarding the inter-state shipment of firearms. Rather than cut and paste a bunch of legalese from a BATFE website, I will attempt to give a basic outline. The government regulations state that only an FFL (Federal Firearms License) holder may receive firearms in inter-state shipment.
This is when shipping a firearm from one state to another. If a firearm is being shipped within a single state, or intra-state, the rules are a bit different. Shipping a firearm within a state does not require the involvement of an FFL holder, unless there are state regulations governing private sales of firearms.
The sender does not need to have an FFL to ship a firearm to an FFL holder. However, some FFLs refuse to receive a firearm from a non-FFL shipper. That is their own policy, not backed up by the regulations. It is suggested that a non-FFL shipping a firearm to an FFL holder include a copy of their ID or drivers license. The receiving FFL must have this information to enter the firearm in their records. I have had transfer firearms show up with nothing to indicate who sent it beyond a return address on the box.
If an unlicensed person is shipping a firearm they need to verify that the person or business they are shipping to has a valid FFL. This can be done by getting a signed copy of the recipient FFL mailed or faxed to the sender. Be aware that you might run across a dealer who refuses to provide a copy of their FFL if they are receiving the firearm from a non-licensee. Not a problem if they will give their license number to check on the BATFE website at a page called FFL EZ check.
This is the best way to verify that an FFL is current, whether you have a mailed copy or just an FFL number. Try www.atfonline.gov/fflezcheck/ Just type in the FFL numbers and it will display the shipping address and date the license expires. The EZ check site does not work to verify Curio and Relic type 03 licenses. The C&R information is not considered public, while regular dealer FFLs are. You must get a signed copy mailed to you from any C&R FFL holder.
Other Federal requirements are that the package containing a firearm NOT contain any markings indicating the contents and that the package require an adult signature at time of delivery. There is no Federal requirement that the shipper be notified that the package contains a firearm if it is being sent to an FFL.
Muzzle loading firearms and antique firearms made before Jan. 1, 1899, are exempt from Federal regulation. They can be shipped freely, unless in violation of state law.
Now we see that it is legal under Federal law for an un-licensed individual to ship a firearm to an FFL address. The problems come up when uninformed clerks refuse to accept the firearm presented for shipment. Or they add their own rules to make it impossible to comply. This can happen at any shipping venue.
Most of the time it is due to ignorance of their own rules and fear of firearms. The only thing one can do is ask to speak to the clerks’ supervisor. Ask to see the relevant regulations in the shipping rules, or tariff. Having your own copy of these rules and the recipients’ FFL copy can sometimes help. Just remember, even though you know you are in compliance with the regulations, you can not force a reluctant shipper to accept any package.
United States Postal Service (USPS)
Non-licensed individuals can ship rifles or shotguns to any FFL location. Just be sure there is no ammunition included in the package. It is against USPS regulations to mail ANY ammunition at any time. The postal clerk will ask if there is anything liquid, fragile or hazardous in the package. As long as there is no ammunition in the box, you can answer no to this question. An unloaded long gun poses no threat to any freight handlers or truck drivers.
Handguns can only be sent by an FFL holder to an FFL holder. A postal form PS 1508 is filed with each handgun shipment where the sender certifies that they and the recipient are FFL licensed dealers, manufacturers or importers. Because the wording on the PS-1508 does not specifically mention C&R it has been assumed that USPS does not recognize a C&R FFL for the purpose of mailing handguns. In fact, the term curio & relic or C&R never appears in any official USPS document.
I think it was omitted because they were hardly ever used when the PS-1508 system was devised. It might be nice if someone could get an official opinion on this. Many postmasters have never dealt with firearms shipments. My local USPS folks have actually called me when a customer came in asking questions about gun shipping. A violation of Postal service rules concerning firearms could be considered a Federal crime with all the nasty results that can involve.
My USPS notes: USPS would be my first choice for a non-licensee to ship a long gun. Shipping a firearm with insurance will require the receiver to sign for it when delivered. This satisfies the signature requirement.
However, I recommend also adding the return receipt card. This post card is signed by the recipient and then mailed back to the shipper. If you need to ship a handgun it might be a good idea to ask a local FFL holder to ship it for you. Even with paying an FFL for his time to ship, USPS will cost less than UPS or Fed Ex which require handguns be sent next day air. Some dealers will do this. Some will not. NEXT PAGE
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About the Author: Phillip Peterson is a federally-licensed firearms dealer with more than 20 years' experience in buying, selling and trading antique and collectible military weapons. He is also a popular columnist for Gun Digest the Magazine.
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