Can my FFL ship a handgun UPS 2nd day air ???

Hi, I usually use the Post Office to ship handguns but a buyer wants to know if I can use UPS. I checked the UPS site and if I'm reading things correctly I have to use next day air or next day air saver. I thought that you now could use 2nd day air or something cheaper, am I mistaken ??? Thanks in advance for anyone that knows for sure, Shoo

i us fedex to ship gun next day air, it's not cheap, any companys
next day air is very pricey.....

I think they can ship second day air only if it is impossible to guarantee next day delivery due to location of the shipped to site. IE, if receiving site is like 100 miles from nearest airport and then must finish journey by truck. Happened to me once and I paid the lower price because they couldn't guarantee next day. HTH

The whole thing about shipping handguns next-day air is a function of the shipping company.

I have seen internet experts state that the requirement of the air shippment comes from the Feds, that really isn't true - the Feds just say that you can't use the USPS. Once they say that, how and if a handgun gets shipped by a non-licensee is up to the carrier that is going to ship it out.

UPS and FedEx have different requirements, but I usualy ship USPS through an 01/FFL - and it usually just goes Priority Mail at that point. My dealer is a friend of mine and doesn't charge me to put it on his books, so for me, USPS is available and much cheaper.

From UPS

Handguns, as defined by 18 U.S.C. § 921,will be accepted for transportation only via UPS Next Day Air® Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® services. (Note: UPS Express CriticalSM Service is not available for firearms).

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From FedEx

Firearms must be shipped via FedEx Priority Overnight service. FedEx Express cannot ship or deliver firearms C.O.D. Firearms shipments cannot be placed in a FedEx Express Drop Box.

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DHL considers firearms to be prohibited and will not ship them. DHL doesn't even want firearm parts, but will transport parts between licensed dealers.

WhisperFan said:

The whole thing about shipping handguns next-day air is a function of the shipping company.

I have seen internet experts state that the requirement of the air shippment comes from the Feds, that really isn't true

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Yep, and there is also no federal requirement to tell UPS you are shipping a firearm.

I've used Fedex, sent next day air, but the cheaper method....not the before 10 am delivery, the other one. No one says it needs to be there by 10, just by the end of the day.

UPS allows some business account customers to use the cheaper 2nd day air service for handguns.
I don't know what the criteria is for it. The average walk in at the customer counter is still under the 'Next Day Air' rule.
Probably has something to do with a daily pick-up/delivery business schedule,,package volume,,ect.

Company policy says they are supposed to ship next day but every time I go to Fed Ex they ask me how I want it to go...so I pick 2nd day and save about 30 bucks. I do tell them it is a gun and I do insure it. If their employees aren't up on their own policy, it's not up to me to educate them.

RufusG said:

Yep, and there is also no federal requirement to tell UPS you are shipping a firearm.

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No, but there is a UPS requirement to tell them. Especially if you want to Insure it. If you don't and it gets lost or damaged your claim will be denied.

Using a FFL and USPS priority mail, insured is so cheap it's crazy not to use it. You can get it insured and tracked also.

I have more faith in Priority mail than UPS. If you want to go common carrier use Fed Ex. (JMO)

OCD1 said:

No, but there is a UPS requirement to tell them. Especially if you want to Insure it. If you don't and it gets lost or damaged your claim will be denied.

Using a FFL and USPS priority mail, insured is so cheap it's crazy not to use it. You can get it insured and tracked also.

I have more faith in Priority mail than UPS. If you want to go common carrier use Fed Ex. (JMO)

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+1 on this! FedEx or UPS shipments of handguns typically cost around $60 to $70. USPS Priority Mail from FFL to FFL is usually around $12.00, so even if you're paying the FFL a fee to ship it can be a lot less expensive.

Last year I sent a Kimber pistol to the factory by USPS Priority Mail. From Colorado to New York it was delivered on the second day. Service work was completed and the pistol returned to me in 8 days total.

Also to completely comply with UPS requirements, the gun must be taken to the official UPS depot/hub not one of the UPS stores which are private.

OCD1 said:

Also to completely comply with UPS requirements, the gun must be taken to the official UPS depot/hub not one of the UPS stores which are private.

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I won't even use the UPS store anymore. I went in there once with some ammo I was looking to ship and they reacted like i had an active nuclear warhead in the box. Went to FedEx too, they wanted hazardous material paperwork from the ammo companies that probably went out of business 60 years ago. So, off to the UPS Hub and they treated me just like any other customer, no problems. Just had to send it Ground and had to affix and ORD-M sticker to the side, piece of cake. Thanks guys, Shoo

When I shipped a 27-2 back to Smith and Wesson, I asked for shipping instructions. They told me to ship 2nd day, and list contents (only if anyone asks) as machined parts. I asked if that was really Kosher and the repair rep said, "It's not a lie, there are lots of finely machined parts in a model 27. Besides, do you really want to advertise that there's a gun in that box?"
Who am I to argue with Smith and Wesson?

OCD1 said:

No, but there is a UPS requirement to tell them. Especially if you want to Insure it. If you don't and it gets lost or damaged your claim will be denied.

Using a FFL and USPS priority mail, insured is so cheap it's crazy not to use it. You can get it insured and tracked also.

I have more faith in Priority mail than UPS. If you want to go common carrier use Fed Ex. (JMO)

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I still haven't figured out how if it gets lost they know it was a gun you didn't tell them about rather than what you told them it was. If damage is involved then yep you'd have a problem. Pack it right and the chances of that are slim to none.

And if you go through an FFL they will add some cost back in, if not insist they have to charge you for a transfer.

Plenty of ways to skin the cat so everyone should be able to find a way that suits them. Maybe during my lifetime we'll be able to drop them right in the mail just like if we were citizens or something.

Q: May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns 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. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

Q: 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 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), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

Ship it however you want via UPS, but be aware if you violate their policy they will not cover any insurance you may have purchased from them. If you choose to ship via UPS ground you are essentially self insuring the shipment.

OKFC05 said:

Q: 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 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), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]



ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

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I was actually hoping someone would post this. This FAQ is quite simply, completely wrong. But don't take my word for it. If you take the trouble to refer to the parts of the USC and CFR cited along with the FAQ, you will see that they say the EXACT OPPOSITE (no notification required) of what the FAQ says, provided you are shiping to an FFL.

Your tax dollars at work.

§ 478.31 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:

(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:

(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.


Well,, there it is off the BATF site
Part 478.31 of the Code of Federal Regulations ,,Title 27 (Alcohol, tobacco and firearms)

(Part 478.30 deals with out of state disposition of firearms by non-licensees)


Doesn't it say in section 'a' above: #1 a non-licensee can ship interstate only to an FFL licensee,,,and #2 when a legal shipment is made,,written notice is to be given to the carrier.

This reg defines the term 'person' (as in 'No person shall...') as:
(1) The term "person" and the term
"whoever" include any individual, corporation,
company, association, firm,
partnership, society, or joint stock company.

2152hq said:

Doesn't it say in section 'a' above: #1 a non-licensee can ship interstate only to an FFL licensee,,,and #2 when a legal shipment is made,,written notice is to be given to the carrier.
.

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No, it doesn't. It says notification must be given when shipping to any person OTHER THAN yada yada FFLs.

The section 478.31 addresses non-licensees.

The 'person' in section 'A' is a nonlicensee. That deffinition comes from the heading of the law, GCA.

A non licensee is forbidden to ship interstate to ANY PERSON OTHER THAN an FFL,,,it's going to an FFL or it should not be in the system.

and

That package being shipped with a firearm enclosed must be declared as such in writing to the carrier.



.."No, it doesn't. It says notification must be given when shipping to any person OTHER THAN yada yada FFLs..."


I just don't see that wording in there. It specificly states that a non-licensee cannot ship to another non-licensee interstate.

Since the non-licensee CANNOT SHIP interstate to ANY PERSON OTHER THAN an FFL,,,why would a non-licensee be required to give notification of contents on an shipment that is not even allowed, that being a shipment to another non-licensee.

It's been that way since December of '68 as far as I've ever read. I think it's pretty clear in the law. But we all do as we see best.