CAJUNLAWYER
Member
simple question-looking for a simple answer
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May a C&R holder ship non C&R firearms through the US mails to an FFL?
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Weimar
US Veteran
Better question is - can a non FFL ship a firearm to any FFL and the answer is yes - rifles - shotguns via any way - pistols / revolvers via overnight (Not USPS) - keeping the receiving and sending laws of the state - i.e. new york doesn't allow it not going through an FFL.
However, look up the regulations at BATF, they are on line
see #6
https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download
However, look up the regulations at BATF, they are on line
see #6
https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download
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DWalt
Member
I think anyone can ship long guns via USPS to a FFL holder. However, USPS is funny about that. The clerk behind the counter may not accept it, and if so, there is absolutely nothing you can do about it. I have understood that a C&R holder cannot use USPS for shipping handguns to anyone - period. There was a lengthy thread about that some time ago, and I think that was the consensus. USPS regs do not align with BATFE regs.
italiansport
Member
OP
CAJUNLAWYER
Member
OK let's try this again.....I'll try to make the question a bit simpler.
May a C&R holder lawfully ship a handgun that is NOT C&R eligible THROUGH THE US POSTAL SERVICE to a receiving FFL in another state?
No "I think....". No "anyone can ship a firearm to an FFL". No " You ought to be able to". I get that. I would like an answer to the question and not a guess if anyone out there can provide it. Preferable someone in the business that knows what he/she it talking about.
Thanks.
Handejector you out there??????? I'm gonna self report this post so you can pick it up and respond if you are so inclined
May a C&R holder lawfully ship a handgun that is NOT C&R eligible THROUGH THE US POSTAL SERVICE to a receiving FFL in another state?
No "I think....". No "anyone can ship a firearm to an FFL". No " You ought to be able to". I get that. I would like an answer to the question and not a guess if anyone out there can provide it. Preferable someone in the business that knows what he/she it talking about.
Thanks.
Handejector you out there??????? I'm gonna self report this post so you can pick it up and respond if you are so inclined
No you may not. Only an 01 FFL can Lawfully ship a handgun via USPS anywhere. You may ship via UPS or FedEx subject to their regulations.
correct.........
Weimar
US Veteran
I gave you the book answer - and a link to the folks at ATF 
There have been lots of folks who state you CAN ship if you have a 03 - the regulations for USPS and ATF do not line up, however, enough folks have asked this question that USPS put out info that stated DEALERS could ship...
There have been lots of folks who state you CAN ship if you have a 03 - the regulations for USPS and ATF do not line up, however, enough folks have asked this question that USPS put out info that stated DEALERS could ship...
NY doesn’t allow what, incoming or outgoing?
I received a half dozen or more handguns to my FFL’s in NY without the sender going through an FFL on the other end, just a copy of a DL or state ID. Used two different FFL’s, one was a cop, the other a stickler for the rules.
Outgoing, my county clerk told me he wasn’t looking at disposals as much as acquisitions, and “don’t care how you send it, just let us know it’s gone and it comes off your permit”. IOW, you tell us it’s gone, it had better be, don’t be caught with it later.
I always used an FFL to ship outbound as it was way less expensive.
I never had a problem sending or receiving any firearms.
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Note the SPECIFICS of the question.
"THROUGH THE US POSTAL SERVICE
a handgun"
Not to be confused with rifle, shotgun, bb gun, blowgun, sling shot,spear gun, bow and arrow, water gun etc.
For the hard of hearing that is the US MAIL
NOT "shipping" via UPS or Fed EX
Only a FFL can MAIL via the USPS
"THROUGH THE US POSTAL SERVICE
a handgun"
Not to be confused with rifle, shotgun, bb gun, blowgun, sling shot,spear gun, bow and arrow, water gun etc.
For the hard of hearing that is the US MAIL
NOT "shipping" via UPS or Fed EX
Only a FFL can MAIL via the USPS
TomkinsSP
Member
In spite of what State officials THINK, they cannot trump FEDERAL LAW. If I can ship (usps, ups, FedEx) it legally here in my State, NY can't legislate that I, a non-resident of NY, act differently. FFLs are federally licenced (FfL) so a State can't say they can't accept legal shipments.
What the State CAN do is require that YOU, being a resident comply with State law, and it can prohibit a NY resident FFL from transfering to YOU, a State Resident, items prohibited by the State.
Courts have held that State regulations requiring more are supliferous. When one FFL records a transaction, its recorded, the stated purpose of such regulations.
(I escaped NYS back in '03)
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TomkinsSP
Member
What about U.S. females?
But seriously folks, as put the answer is No, per postal regulation.
Only FFLs may mail HANDGUNS (as defined by GCA '68).
If you can legally possess a long arm, or something resembling a handgun that is not defined as such by GCA '68 (ie pre 1898) you can mail it per USPS regulations. BATFE regulates who you can ship to.
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5Wire
Member
PS Form 1508
"The undersigned is a manufacturer of firearms or bona fide dealer therein, and the parcels presented for mailing
herewith are customary trade shipments or other articles for repair or replacement of parts. To the best of my
knowledge and belief, the addresses are manufacturers of firearms or bona fide dealers therein." Emphasis added.
Have the C&R holder include his FFL info on the form.
bona fide dealer would include C&R licensee, I believe.
Example:
WILDERNESS CORNER
29425 A Hwy 75
Plaquemine LA 70764-0000
5-72-047-01-7L-12457
225-659-7227
The bold 01 is the license type, C&R would be 03.
"The undersigned is a manufacturer of firearms or bona fide dealer therein, and the parcels presented for mailing
herewith are customary trade shipments or other articles for repair or replacement of parts. To the best of my
knowledge and belief, the addresses are manufacturers of firearms or bona fide dealers therein." Emphasis added.
Have the C&R holder include his FFL info on the form.
bona fide dealer would include C&R licensee, I believe.
Example:
WILDERNESS CORNER
29425 A Hwy 75
Plaquemine LA 70764-0000
5-72-047-01-7L-12457
225-659-7227
The bold 01 is the license type, C&R would be 03.
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From the NRA website:
If SENDER is a licensed FFL C&R COLLECTOR:
Same as non-licensed private individual as described at top. The C&R license makes it easier for a licensed collector to receive C&R firearms in interstate shipment, but really does not have much impact on sending firearms. A C&R collector may not mail post-1898 modern handguns.
NRA Museums:
However, some of the info may not be up to date
If SENDER is a licensed FFL C&R COLLECTOR:
Same as non-licensed private individual as described at top. The C&R license makes it easier for a licensed collector to receive C&R firearms in interstate shipment, but really does not have much impact on sending firearms. A C&R collector may not mail post-1898 modern handguns.
NRA Museums:
However, some of the info may not be up to date
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DWalt
Member
"If you can legally possess a long arm, or something resembling a handgun that is not defined as such by GCA '68 (ie pre 1898) you can mail it per USPS regulations. "
Not so. USPS regs are more stringent than BATFE regs as to what they consider antique handguns. Look it up. And if a postal clerk decides he won't accept a long gun for shipment, there is not a single thing you can do about it. And the average postal clerk will NOT accept a gun even if you try to explain that USPS regs allow it. He is NOT empowered to interpret USPS regs, and neither is the local postmaster.
Not so. USPS regs are more stringent than BATFE regs as to what they consider antique handguns. Look it up. And if a postal clerk decides he won't accept a long gun for shipment, there is not a single thing you can do about it. And the average postal clerk will NOT accept a gun even if you try to explain that USPS regs allow it. He is NOT empowered to interpret USPS regs, and neither is the local postmaster.
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Weimar
US Veteran
I read conflicting info above - if you state FFL - then you are saying that a C&R - FFL 03 can ship handguns - which is the argument many folks have stated for years and a friend of mine has discussed it with a lawyer who determined that you could ship to and from a C&R to another C&R via the US Mail - In addition, a friend who worked at the post office for 30 years stated he interpreted the regs that the above was true.
My answer above was what the vast majority of people feel the regulations state that only dealers may ship handguns via USPS .
--
Note - my comment about NY was a friend of mine that stated that OUTGOING had to go through an FFL to get it off his permit - which mind you is weird to anyone that doesn't live there...
My answer above was what the vast majority of people feel the regulations state that only dealers may ship handguns via USPS .
--
Note - my comment about NY was a friend of mine that stated that OUTGOING had to go through an FFL to get it off his permit - which mind you is weird to anyone that doesn't live there...
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LouisianaJoe
Member
I have a C&R. My understanding is that the license allows C&R eligible firearms to be shipped to me, not from me. If I desire to sell a firearm acquired using my C&R, I can do that person to person, in state, but shipping requires a FFL recipient.
Please correct me if I am wrong.
Please correct me if I am wrong.
Weimar
US Veteran
It is always the person receiving the firearm has to have an FFl. So the person shipping does not have to have an FFL at all to ship anything, just the person receiving the item.
