Can rifles and shotguns be direct shipped to a home?

KChen986 said:
However today, when I went to pick up my rifle (M1A NM), the FFL started hootin' and hollerin' about how there was no FFL enclosed in the package and that I had, 'violated about 37 federal laws.' The man's wife even shot me a dirty look.

I went ahead and called the BATFE to clarify, and they stated that rifles may go to from a non licensee to a FFL, no problem. However the agent who picked up my call said to call Baltimore BATFE just to be safe....

Anyone know what the rule is on this? I wasted an hour today and the shopowner is somewhat antagonizing (I'm not going back there--ever).
The law states that a nonlicensee can send firearms to any FFL holder.

However some FFL holders mistakenly believe that by only accepting firearms from other FFL holders, they are "safe" from transferring a stolen or otw "questionable" firearm (this is not so - there are no laws stating that FFL holders run checks on guns they receive). These FFL holders will tell you "it's the law", when it's really just their method of doing things.

You have broken no Federal laws.
 
http://www.atf.gov/firearms/faq/faq2.htm#b1

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

The 'contiguous state' law was repealed at the federal level years ago.

Some states have NOT updated there laws however.

You have to obey both, so the more restrictive law will govern.
 
Hkmp5sd said:
carguychris said:
...but an 03 C&R FFL can only receive C&R firearms.
Huh?
Type 1 and Type 2 FFL licensees can buy and sell all kinds of firearms.

A type 3 FFL exists for collectors of curio and relic firearms. They can only receive C&R type firearms to their address (not all types).
 
Oh. Ok. The way I read it was a C&R could receive guns but not sell guns.

A C&R can sell long guns classified C&R to anyone from any state in the same method an 01-FFL can sell them to anyone as long as the transaction takes place at the licensed premises and the sale is legal in both locations.
 
There is one more exception

One not usually mentioned. If you are inheriting a firearm (bequest) from a location in another state, it can be sent directly to you (again, if no state law prohibits it). I'm not sure if this section covers handguns as well as long guns, but at one time it was allowed. Research of current laws is recommended. I also understand that to qualify under this exception, the bequest must be mentioned in the will specifically. (again, not a lawyer, so check carefully).

My father died in 2003, and left me half his belongings, which included some guns. However they were not specifically mentioned, so to avoid any potential problems, I had three handguns shipped FFL to FFL (and paid $80 for the FFL in New York to do it!) Two rifles I carried back with me checked baggage on the plane. Even though it costs some money, shipping FFL to FFL is the best way to do it, as it avoids any possibility of violating the regs, both Fed and state. That's what you pay them for.
 
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