FedEx “Lost” My Gun—Update 5.3.21; 7.3.21

Thank you all. This thread has covered a lot of important areas and reiterated a number myths. Unfortunately, there are still many unanswered questions not covered by the additional FX and BATF links.

I have understood, incorrectly apparently, for over two decades that carriers would prefer not to know what is in a package so their employees would not be able to find out and be tempted to steal it. That is the point of not putting any markings on the outside of the package. So why is it important to declare the firearm inside the package as long as it's a legal firearm? Doesn't that increase the risk for the firearm being stolen? Or does it somehow enhance the handling of the package so that handlers do not know what's in it?

Anyway, I appreciate the good advice that is correct and will do so in the future. Nonetheless the issue of how to get my gun back has not really been resolved. Also if I don't get it back the issue of what happens to it has not been resolved. I would think FEDEX would contact me and discuss this situation, but they won't. As long as I have to keep going through the generic customer service telephone number and re-educating each new different employee working from home to try to resolve this, I get nowhere.
 
I have understood, incorrectly apparently, for over two decades that carriers would prefer not to know what is in a package so their employees would not be able to find out and be tempted to steal it. That is the point of not putting any markings on the outside of the package. So why is it important to declare the firearm inside the package as long as it's a legal firearm? Doesn't that increase the risk for the firearm being stolen? Or does it somehow enhance the handling of the package so that handlers do not know what's in it?

I would suspect that they're simply following what the BATFE has on their website:


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]
 
The Director of Security for Fedex is a young lady named Jaime Phair. If you have a Linkedin account you can contact her through there, or better yet you could start calling Fedex until you get someone to put you through.
 
If it's going back to a manufacturer the employees know it's a gun. I brought a gun to FedEx to be sent back to S&W, SAW on the label.

As soon as the clerk handled the box she said "gun going to Smith and Wesson, you're good, have a nice day". Folks here in NC are pleasant for the most part, yes sir, yes ma'am.

They can tell by the address without scanning it. I guess it's ingrained in their memories.

As far as "machine parts", that's a no no for me. I put full insurance on a gun, not a grinder. Not going to get into filing false insurance claims to save $20.
I'm surprised "law abiding" gun owners would lie....not the OP.

I mostly use UPS anyway, they always offer discounts on shipping which is more cost effective for me, to send it myself.
 
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As to confiscation, is that a penalty FX is authorized to exercise against me and my personal property?

If so, what do they do with it after confiscation?

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

at what point does this become their responsibility and not mine?

I lose the gun without compensation because experts misled me?

All excellent questions for your attorney. All we can provide here is advice and opinions.
 
When I dropped my 351C off to return to S&W the lady at the counter said pretty much the same thing. If the address says, Smith & Wesson, 2100 Roosevelt Ave, Springfield, MA, it doesn't take Sherlock Holmes to figure out what's likely in it.

An address like "Bill's Guns, Ammo, and Other Things That Go Boom" isn't much of a secret either. ;)

If it's going back to a manufacturer the employees know it's a gun. I brought a gun to FedEx to be sent back to S&W, SAW on the label.

As soon as the clerk handled the box she said "gun going to Smith and Wesson, you're good, have a nice day". Folks here in NC are pleasant for the most part, yes sir, yes ma'am.

They can tell by the address without scanning it. I guess it's ingrained in their memories.

As far as "machine parts", that's a no no for me. I put full insurance on a gun, not a grinder. Not going to get into filing false insurance claims to save $20.
I'm surprised "law abiding" gun owners would lie....not the OP.

I mostly use UPS anyway, they always offer discounts on shipping which is more cost effective for me, to send it myself.
 
For me It gets to a point where it isn't about money and not even about the gun. Now I'm lookin' to, "have somebody's *** in a bag", ala Wilford Brimley from the movie "The Firm". Now I'm lookin' to cause Fed X all the pain and embarrassment, problems I can. I want to hurt the company and every one in the food chain. I want to hurt 'em bad and I want to keep on hurtin' 'em.

I despise them and their attitude that they can treat people any way they want to and get away with it. they are lucky they haven't done it to me and I ain't just a whistlin' through my nose here. I can get mid-evil in a deal like this.
 
Amazing that they give different instructions on a different webpage.

2. Secure firearm in a case

Pack the firearm in a sturdy outer box or hard case with adequate cushioning, there should not be any movement heard inside when the box is shifted. We will not ship firearms that are not properly secured in a case. Re-package the firearm case in an outer box with no identifying markers.


Check out this link: How to Ship Firearms | FedEx
 
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?

The 'Declare the package contains a Firearm' is a swipe from FedEx regs.
It's the Fed Law and has been since 12/1968 for any package shipped w/a firearm.

But...the simple FedEx shipping page 'How to Ship Firearms' does not state anything about declaring the gun nor about not marking the package that it contains a firearm (both Fed Regulations)
The 'Notice' on the right hand side of the page will likely be their defense in not listing those important things there.

The Notice states that the page your are reading "...It is NOT intended to be a comprehensive guide for packaging items we accept for transit. We make no warranties, expressed or implied, regarding this information. ..."
They go on to direct you to other web pages and FedEx 800 #'s .

Terrible way to do business I agree.

Don't discount that FedEx has already turned the firearm over to a local L/E agency if all this is an undeclared firearms shipment.
FedEx doesn't want it around as it wasn't involved in a breakage ins case.
It was found in shipment undeclared when regulations state otherwise.

L/E isn't quick to jump right on the phone and let you know what's going on. They like to 'Investigate',,a time consuming process if there ever was one.
They'll gladly talk with you and take a report from you about your missing/stolen handgun at FedEx while all the time knowing what the back story is.
The gun may even be safe and sound in the hall closet w/the bicycle lock on the door,,,also known as the Property Room.

The gun doesn't belong to FedEx,,nor the place you sent it to. It belongs to you.
It's not an illegal item or banned substance.
But instead it's a package that contained a restricted item (Firearm) that wasn't shipped correctly (Not Declared).

That's my take on it.

If it was lost/stolen by FedEx, and a PD report was taken,, then the gun should already be in NCIC.
If you have any contacts in L/E that can run a GTST in NCIC they can see in about 10 seconds if in there or not.
If stolen, it could have been recovered already and would not show up in NCIC since the entry would have been cancelled by the PD that entered it.

Lots of things could have happened.
Frustrating..

I still hear people that surely know better, that tell others to declare guns as some odd piece of machinery or sporting equip when asked what's in the box.
It's the old 'It's none of their business' attitude coming thru and I understand that.
But in this matter, it is their business to know.

I truly hope it gets resolved soon and your handgun returned to you.
 
A local gun shop had a game being played on a shipment and finally told them he was calling the BATF to report it stolen. It magically appeared, not sure what carrier it was. Just a thought, Larry
 
I would file a police report in the jurisdiction that it came up missing.
 
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.

Unfortunately for handguns this is not allowed for non-FFL licensees or 03 FFl's.

432 Mailability | Postal Explorer
 
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CB3 you screwed the pooch when you failed to honestly declare the contents.

Am I correct that you did not pay for overnight shipping?

How much insurance did you buy?

So looking at it from Fed-Ex side why should they be getting excited about finding a package now suddenly has a gun in it?

I would not make any threats like filing a lawsuit or reporting it to the BATF.

In fact the BATF is the last place I would, er never contact. The new DOJ and BATF management is not friendly towards gun owners. I would not what to get on record that there is any chance I violated Federal Law when shipping the gun.

I suggest you tone down your conversation, speak nicely to whoever Fed-Ex employee you contact and hope for the best.
 
CB3 you screwed the pooch when you failed to honestly declare the contents.

Am I correct that you did not pay for overnight shipping?

How much insurance did you buy?

So looking at it from Fed-Ex side why should they be getting excited about finding a package now suddenly has a gun in it?

I would not make any threats like filing a lawsuit or reporting it to the BATF.

In fact the BATF is the last place I would, er never contact. The new DOJ and BATF management is not friendly towards gun owners. I would not what to get on record that there is any chance I violated Federal Law when shipping the gun.

I suggest you tone down your conversation, speak nicely to whoever Fed-Ex employee you contact and hope for the best.
^^^ this 100%.

How many times do you suppose Fed Ex has heard that story before -- "You lost my package. It really wasn't a machined part like I declared, it was actually my <insert some really expensive thing here>!! "

Not doubting CB3's story, just saying Fed Ex has probably heard this a gazillion times before.

Might get a better response from Fed Ex by accepting some responsibility for not declaring it correctly.
 
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You may be reading from a different section. Checking with FedEx just now, declaration of a firearm is not required and there is no law regarding same. Furthermore I do not need a vendor label: How to Ship Firearms | FedEx. I've been told by firearm manufacturers (think this forum) and three FFLs to never declare a gun a gun. Again, no law.

Here is the information from the Fedex Tariff book:

A. FedEx Express will transport and deliver firearms, antique firearms and replica firearms, all as defined by the United States Gun Control Act of 1968, as well as muzzleloaders and black powder firearms (collectively "firearms"), between areas served in the U.S., but only between:

1. Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or

2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

B. If your shipment contains firearms, select the Direct Signature Required or Adult Signature Required Delivery Signature Option, depending on the requirements of your shipment. See the Delivery Signature Options section for details. Firearms shipments are not eligible for signature release or indirect delivery.

C. 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 Drop Box. Firearms shipments are not eligible to be held at Hold at Location facilities.

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.

E. The shipper and recipient must be of legal age as identified by applicable law.

F. The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.

G. FedEx Express will transport ammunition when packed and labeled in compliance with local, state and federal law, and the Dangerous Goods section of this Service Guide. Ammunition is an explosive and must be shipped separately as dangerous goods. You agree not to ship loaded firearms or firearms with ammunition in the same package.
 
Check out posts 31 and 50.

Quite aware of those posts and my response reflects how I feel about them. Having shipped a couple hundred handguns or thereabouts, the only two lost guns in my life were from FFL to FFL. I stand by the actual instructions provided by FedEx employees and advice of council. My main FFL is an attorney
 
It is, then, your belief that when the ATF states that declaring a firearm to a common carrier is required by federal law, the ATF is incorrect?

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]


May a nonlicensee ship a firearm by common or contract carrier? | Bureau of Alcohol, Tobacco, Firearms and Explosives
 
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