S&W Shipping Direct to User

[kmonroe99]

Please excise my FFL ignorance... why is it that S&W can ship a warranty repair firearm directly back to my home address but a FFL seller on something like GB can not? Is it because one is a repair and one is a sale? Or maybe different types of FFL?
Thanks

 

[SJC3081]

Because thats what the law permits.

 

[ContinentalOp]

You can send a gun directly to a manufacturer for repair, and they can send it back to you because you already own it. FFL is required for purchases, unless you live in a state that permits private transfers (in-state only...out of state private transfers still have to go through FFLs).

Example: The hammer stud on my 642-1 broke some years ago. I sent it directly to S&W for repair. It couldn't be repaired, so they replaced it under warranty. However, because it was a new gun with a new serial number, they had to ship it to a FFL and I had to do the paperwork and NICS to pick it up.

It's how the federal law is set up. You can go to the ATF website and find more info on it.

 

[Loyaljeeper]

All are correct. I have also heard people can legally ship a gun to themselves. Maybe they are going on a trip and want their gun when the get there.

 

[armorer951]

I would love to hear that conversation between the sender and the clerk at the USPS/UPS counter.

"You're doing what?" "I'm sending it to myself."

 

[glenwolde]

You can send a gun directly to a manufacturer for repair, and they can send it back to you because you already own it. FFL is required for purchases, unless you live in a state that permits private transfers (in-state only...out of state private transfers still have to go through FFLs).

Example: The hammer stud on my 642-1 broke some years ago. I sent it directly to S&W for repair. It couldn't be repaired, so they replaced it under warranty. However, because it was a new gun with a new serial number, they had to ship it to a FFL and I had to do the paperwork and NICS to pick it up.

It's how the federal law is set up. You can go to the ATF website and find more info on it.

They don't have to ship a total replacement to an FFL, though I've found most manufacturers do. Probably want to shift any liability to the dealer.

From a PDF FAQ at atf.gov:

"Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient's State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C.
§ 922(a)(2)(A)."

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

 

[2152hq]

All are correct. I have also heard people can legally ship a gun to themselves. Maybe they are going on a trip and want their gun when the get there.

Shipping to yourself (Package addressed to you or In Care Of)
or the FFL returning a gun to you from a Repair (or a replacement for one that could not be repaired) is all legal as there is no Transfer of Ownership of the firearm.

It's that Transfer of Ownership that requires the 4473 & NICS.

Somewhat connected is when a firearm is Consigned for Sale to an FFL..
That firearm is logged in the FFL's book.
If the firearm does not sell, or the orig owner just wants if back before it does sell... That orig owner must go through a 4473 and a NICS check to get that firearm returned to them.
When the gun was left with the FFL on Consignment, it was considered that it's ownership was transfered to the FFL.
I believe pawned firearms are handled the same (02FFL) when the orig owner wants to reclaim the gun.

The return of a replacement firearm will get noted in the Mfg'rs or Dealer/Gunsmiths FFL log book.
The orig firearm coming in, from whom, ect.
If unrepairable, it gets logged out as such and usually marked as 'Destroyed' in the book (or Stripped for Parts and Frame Destroyed).
The Book then shows the replacement firearm info for the above and
the info re when sent back to the orig owner.
So there is a paper trail in the FFL records from one gun to the other and one owner.

 

[glenwolde]

I would love to hear that conversation the sender was having with the UPS clerk.

I haven't had a problem in that regard in a very long time. But note you have to take it directly to the carrier. "Agents" such as mail-and-ship retail locations can't accept them. For security reasons I prefer to take them directly to the local FedEx or UPS depot anyway, which are pretty secure facilities. The clerks in these locations are pretty well up on the regulations.

 

[NavySCPO]

I believe pawned firearms are handled the same (02FFL) when the orig owner wants to reclaim the gun.


Correct, I've purchased at least one firearm (possibly more) where the owner pawned it and was then unable to pick it up because they couldn't clear the NCIS check.

Certainly a bad day for the owner, but as they say, Ignorance of the law is no excuse...

 

[ladder13]

They don't have to ship a total replacement to an FFL, though I've found most manufacturers do. Probably want to shift any liability to the dealer.

From a PDF FAQ at atf.gov:

"Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient's State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C.
§ 922(a)(2)(A)."

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

Correct. I had a bum Sig 226 replaced with a new one, and it was shipped directly to me, new serial # and all.

Had a bum Smith 642 replaced with a new one, and they shipped to my FFL, new serial # and all.

I guess it's up to the manufacturer.

 

[Erocksmash]

It is quite possible I have done this with marlin and Wilson Combat.....

 

[Gamecock]

The theory is that in a country with 400,000,000 guns, if you have the right laws, you can keep bad guys from having a gun.