FedEx “Lost” My Gun—Update 5.3.21; 7.3.21

[riverrat38]

I took a boxed up S&W M66-8, with a S&W prepaid label, to FedEx, as directed.
When I drove through the entrance , the first thing I saw was a sign on the gate saying "No firearms allowed on FedEx property". OK!

73,
Rick

 

[Bullseye 2620]

Sue 'em. Use UPS.

 

[CB3]

Here is the information from the Fedex Tariff book

Very helpful. Thank you. Unfortunately FX does not link to this resource from their Firearm Shipping page as an additional set of requirements.

Hypothetically, if I may not have followed these enhanced instructions, what is the remedy?

Refuse to ship it and
a. return it to me?
b. destroy it?
c. keep it for an employee?
d. claim they “lost” it but refuse to reimburse me for the insured value?
e. repack it and ship it to the manufacturer as originally intended?

Lots of options.

So, who gets the gun?

In what time frame must FEDEX act? It has been over nine weeks since they took the gun. Don’t they have rock solid policies and procedures for dealing with guns in their system? You bet they do, specifically to avoid “losing” a gun or having an employee steal it. Cameras everywhere. Reports. Scans. Supervision.

So at what point does “losing” a firearm become FEDEX’s responsibility and liability? They identified a potential problem upon taking the gun out of the package on February 18. No notification to me at that point or within a few days thereafter? And the local Distribution Center manager knows nothing of this situation over six weeks later? The regional security manager is aware of the situation, is committed to call me and never does? My insurance claim is denied?

Really. If I did something wrong ignorantly, it pales in significance to FEDEX’s malfeasance in handling this whole situation.

 

[bushmaster1313]

Attorneys can be expensive. It is often not worth the time or money to go after someone that you think owes you money.

Also, the law regarding who is responsible when a shipper loses a package can be confusing and counter intuitive.

For example, it’s been a longtime since law school, but I seem to remember that when a seller contracts to sell and ship via a carrier to a customer, unless there is a written provision otherwise, the seller׳s responsibility ends when the item is placed safely into the hands of the carrier.

 

[Beemerguy53]

You need to get BATFE involved now.

You make an excellent suggestion, sir.

CB3, your revolver, presumably registered to you, is floating around somewhere. Does FedEx still have it? Did one of their employees steal it and they are covering up the theft? Where is it? Suppose it's been used in a crime?

Many states require that gun owners promptly report lost or stolen guns to the police. I would respectfully suggest you contact BATFE as soon as possible, if for no other reason than to CYA.

Regarding FedEx: I could bore you to tears with stories of my dealings with them. They are simply atrocious, in both their efficiency and their customer service.

I hope you get your revolver back...good luck.

 

[merl67]

I always used UPS for firearms never had a problem. I have never shipped anything with Fedex and given their track record getting my M.S. medicine delivered correctly each time I never will ( it is a $9000 a month drug) so I always require a signature...

 

[Frank46]

As other members have said, get the Batfe involved. Once they start sending agents down there things usually happen. Buddy shipped a rifle which never showed up. Made a couple calls and miracously turned up in a couple days. Frank

 

[BigBoy99]

I always ship ANY firearm via USPS Registered Mail. Package must be sign for each time it changes hands. It costs more but have NEVER had a firearm "go missing" while being shipped.

 

[challer61]

Get ATF involved. This has happened to me twice. First I bought a gun and it disappeared. Second, I sold a gun and my dealer shipped it to CA and it vanished. It's always that the package makes the initial scan and then nothing. It is always workers stealing the guns. FedEx knows it and covers as do the others. As private citizens we can ship using most carriers for repairs/sales legally (read up to see what is what). Never declare a gun or gun parts (according to my dealer). And us obscure ship to names. Never Bob's Gun and Pawn. If forced to declare, machined parts seems to work.

 

[Spats McGee]

Sounds like phone calls have failed. Time to move on to methods that are easily documented. Emails or letters (preferably ones signed by folks whose names end with "Attorney at Law"). Get ATF involved. Oh, and even if you broke Fed Ex's shipping rules, theft of a firearm is a felony in my state.

 

[2152hq]

Fed Ex shipping rules demand that the shipper declare the package contains a firearm..
"....
D. Upon presenting the package for shipment, the person tendering the shipment to FedEx Express is required to notify FedEx Express that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm.
...."

If you don't do that and they scan/Xray the package and find a firearm,,they confiscate it.
USPO does the same as does UPS.


Their shipping regs are based on US Reg which states the same :
[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
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.
>>>>>>

FedEx may have already notified the local Police about the undeclared firearm found in a shipment at their facility.
They are not going to just turn it back over to the person that shipped it.
The local PD may in fact have it in their Property Room. They're not going to call you in , if at all, till they finish their 'investigation'. That may include kabitzing w/the ATF about it as well.
They take their time.

The regs have always stated (since GCA1968) that a shipped package with a firearm in it must be declared as a 'firearm'.
Many like to skirt the issue and send 'golf clubs' and 'socket sets' and other assorted wordsmithing adjustments of 'firearm'.
99% of the time they probably go right thru just like the big bag of dope listed as kids clothes and toys.
But once in a while.....

 

[iouri]

Tracking on the package showed it had been picked up from where I sent it and taken the same day to the local FX distribution center. Tracking after that was nonexistent.

That's seems to be a problem. Every time I've sent firearms for repairs I've had to drive to a FedEx hub, because instructions specifically said you can only drop it off at certain locations. I think their location finder also allows you to filter out locations that can deal with certain restricted items.

 

[BSA1]

You need to report the gun as stolen and get the serial number in their computer asap. This may help recover the gun if it is pawned or the Police get custody of it. Unfortunately I would guess that since it has been nine weeks since it being lost, missing or whatever the gun has changed hands at least once. A street smart employee is going to flip a gun as quickly as possible.

Lawyers are expensive. The better the lawyer the higher their fee. (I had to pay a lawyer $450 to represent me on my unemployment claim. Three hours before we were to go to Court my former employer dropped their objections to my claim). I know some lawyers in my area charge $1,000 paid up front to take the case. Fed-Ex knows this and their lawyers can drag the feet on your claim until your lawyer bill gets to high. The best outcome using a lawyer is his/her fee will match the amount of money you are paid by Fed-Ex meaning you still don’t have your gun and your lawyer got your money.

I am curious if the BATF will have any interest in your problem. It seems unlikely since the Police will enter your gun into NCIC.

The reality is Fed-Ex and UPS both have a certain dollar amount of loss from theft figured into their profit margins. It is easier and cheaper just to write off a certain amount shrinkage than it is to have the theft investigated internally.

It is also proof that their overnight shipment policy is b.s. in preventing loss or theft.

In the meantime I would suggest you research and print copies of BATF Regulations and Fed-Ex policies.

 

[CB3]

Fed Ex shipping rules demand that the shipper declare the package contains a firearm..
"....
D. Upon presenting the package for shipment, the person tendering the shipment to FedEx Express is required to notify FedEx Express that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm.
...."

If you don't do that and they scan/Xray the package and find a firearm,,they confiscate it.
USPO does the same as does UPS.


Their shipping regs are based on US Reg which states the same :
[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
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.
>>>>>>

FedEx may have already notified the local Police about the undeclared firearm found in a shipment at their facility.
They are not going to just turn it back over to the person that shipped it.
The local PD may in fact have it in their Property Room. They're not going to call you in , if at all, till they finish their 'investigation'. That may include kabitzing w/the ATF about it as well.
They take their time.

The regs have always stated (since GCA1968) that a shipped package with a firearm in it must be declared as a 'firearm'.
Many like to skirt the issue and send 'golf clubs' and 'socket sets' and other assorted wordsmithing adjustments of 'firearm'.
99% of the time they probably go right thru just like the big bag of dope listed as kids clothes and toys.
But once in a while.....

This is helpful. Thank you.

However, since the declaration of a firearm is required, why does FEDEX not state that on their firearm shipping page? Seems to be important enough to warrant a mention.

As to confiscation, is that a penalty FX is authorized to exercise against me and my personal property? I don’t see that in any of the references to their rules given so far. If so, what do they do with it after confiscation?

Since I have already reported the firearm as missing while in FX custody to my local police, I doubt FX turned it over to them or the police would have contacted me.

“They are not going to just turn it back over to the person that shipped it.” At this stage it is important to know what they are authorized to do with it, if they have it. Also, when.

If they have lost it (stolen by an employee), is there something that says I have no recourse?

The manufacturer to whom I was sending the gun told me to declare it as “machined parts”. I did. I would think an FFL/manufacturer would tell me how to get the gun back to them successfully, without breaking laws.

In short, I relied on the expertise of the manufacturer and the FX website to ship this firearm. If the one gave me bad advice and the other failed to give enough information, at what point does this become their responsibility and not mine? I lose the gun without compensation because experts misled me?

 

[Onomea]

CB3, if you don't mind telling us, I am curious as to what manufacturer would tell you to list/declare your firearm as "machine parts." From my reading here on the forum over the years, I am aware that some people do label their firearms as "machine parts" as a way of not declaring a firearm, or circumventing regulations associated with shipping a firearm.

I am also aware that this practice is risky, and not endorsed by well-informed members here. My point being that if even I know this, how could a manufacturer of firearms not know this?

It is indeed irresponsible, wrong, that the manufacturer of your firearm suggested that you describe it as "machine parts." I speculate that your firearm manufacturer must be a niche manufacturer. I can't imagine getting the advice you did from one of the majors.

Edited to add: This is a useful thread in that the OP's story is a lesson to us all, a reminder, to be extra careful in shipping firearms. In my own case, I have only used FFLs for this purpose. Since they are permitted to use USPS, their costs (to themselves) are cheaper than commercial shippers costs are (to us). It helps, of course, to have a good relationship with your local FFL. My LGS of many years in Hawaii just shipped my remaining guns in Hawaii to me here in Oregon for his USPS cost.

 

[LVSteve]

This thread needs direct links to the various FedEx pages you guys are quoting. Is their site really not that joined up? When I last shipped a gun there were two things in no doubt. It had to go overnight air, and it had to be declared as a gun.

 

[GaryS]

Was that from a website or what you were told at the counter?

The FFL that gave me the information told me that it's a common misconception that guns have to go Second Day Air, but it's not true.

Here is the link to the FedEx policy,

How to Ship Firearms | FedEx

What's surprising is that you CAN ship from a FedEx office location. I always use the Depot as it's only about 15 minutes from my house. I figure the fewer hands/eyes involved the better.

This thread needs direct links to the various FedEx pages you guys are quoting. Is their site really not that joined up? When I last shipped a gun there were two things in no doubt. It had to go overnight air, and it had to be declared as a gun.

 

[Nevada Ed]

I always take a picture of the package and an employee, accepting the package for my records.

If not packaged correcly, they should not accept it.

Good luck in the shipment or return of your weapon.

 

[sigp220.45]

What a saga. I think this went off the rails as soon as you said the package contained “machined parts”. That dodge has been around forever and is kind of like telling the cop who stops you that you’ve only had a couple of beers hours ago. They know.

So this time they either x-rayed it or just opened it. Prohibited item! Not declared! Hit the big red button!

I’d also love to hear what reputatable manufacture told you to utter the fateful words “machined parts”.

I bet its in a big room with a bunch of otherwise legal contraband - guns, spider monkeys, inflatable life rafts, and lithium batteries.

I doubt if BATFE will weigh in on this, or the local cops. It doesn’t appear to be stolen, but confiscated as a prohibited item.

I think you’ll get it back, but damned if I know how.

 

[riverrat38]

Look at the bright side. This could be better than telling the United Nations firearm recovery people that I lost my gun in a boating accident. "Well officer, I shipped my revolver FedEx, and all I ever get is shrugs." Gone forever!

73,
Rick