Did I have a pistol shipped illegally?

Hanno,

I was attempting to be proactive against confusion by anyone who might read your post but miss it's initial context... I see it happen all the time with threads like this.
 
mes228 said:
I believe you can ship a handgun via U.S. Post Office - if you send it overnight delivery. That's all the ATF requires. All handguns must be shipped overnight and the receiver must have an FFL. That's my understanding.

BATF does not require overnight shipping of any firearms. Overnight shipment of handguns is strictly a policy of UPS and FedEx.
 
Wow. There is a lot of confusion on here about the shipping of handguns. Clearly, those responding don't ship a lot of handguns. It is a shame that we live in a country where common citizens have to worry about every dot and "t" being crossed. We need a new country, a new world, a new government. Something.
 
FYI

NOTE: This post contains erroneous information.

Having worked in shipping and logistics for over 2 decades I think I can offer some advice on this.
First, if you don't know you can call your local ATF and find out directly.

Here's their latest directory.

http://www.atf.treas.gov/firearms/statelaws/22ndedition/fedlaws.pdf

Second another link, everything the ATF wants you to know about firearms...

http://www.atf.treas.gov/firearms/index.htm

Lastly, there is a way around everything, legally. Look at OJ! If you take your slide off and ship the slide in one box and the frame in another, even if both boxes are shipped within a larger box (SWOG) you can ship it as parts with almost all carriers. SWOG - Ship with other goods, is a way to manifest the contents of the box, e.g. put a packing slip on it folded up saying box #1 slide assembly for Hi Point (good choice fo returns) and box #2 frame assembly. DO NOT SHIP LIVE AMMO, this is HAZMAT and you will get caught. Our facilities have dogs, detectors, guards, etc...

USPS will not accept SWOG, this is limited to the big three DHL, UPS and FedEx. However the best method is to separately pack and ship on separate tracking #'s. I've done it, I've seen it work. Your FFL is definitely wrong, use the ATF #'s and get a contact name to shove your cell phone up his *** so he can hear it from a Fed.

I do not condone this shipping activity as it is a loophole most likely to be closed soon once OSHA is finished with their attack on the explosives industries.

Just my two cents. Good luck!
 
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Since when does UPS require overnighting handguns? FedEx does but it's not been that long ago I shipped several UPS three day.
 
If you take your slide off and ship the slide in one box and the frame in another, even if both boxes are shipped within a larger box (SWOG) you can ship it as parts with almost all carriers.

The receiver is considered the firearm. Get caught doing this and you could earn a trip to jail...
 
"If you take your slide off and ship the slide in one box and the frame in another, even if both boxes are shipped within a larger box (SWOG) you can ship it as parts with almost all carriers."

The receiver is considered the firearm. Get caught doing this and you could earn a trip to jail...

It might be a good way to ship a firearm *intrastate* without getting a big hassle from the shipping company.
 
Lastly, there is a way around everything, legally. Look at OJ! If you take your slide off and ship the slide in one box and the frame in another, even if both boxes are shipped within a larger box (SWOG) you can ship it as parts with almost all carriers. SWOG - Ship with other goods, is a way to manifest the contents of the box, e.g. put a packing slip on it folded up saying box #1 slide assembly for Hi Point (good choice fo returns) and box #2 frame assembly.

As noted above by NGIB, do this with an interstate shipment and you are violating federal law. Period. You are required to notify the shipper that you are shipping a firearm and the frame (receiver) is a firearm. Do not do as Ssgt Savage says unless you are willing to deal with the consequences when caught.

18 USC 921
"Sec. 921. Definitions

(a) As used in this chapter--

(3) The term ``firearm'' means (A) any weapon (including a starter
gun) which will or is designed to or may readily be converted to expel a
projectile by the action of an explosive; (B) the frame or receiver of
any such weapon;
(C) any firearm muffler or firearm silencer; or (D) any
destructive device. Such term does not include an antique firearm."

18 USC 922
"Sec. 922(e)
It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped;"
 
Since when does UPS require overnighting handguns? FedEx does but it's not been that long ago I shipped several UPS three day.

It has been their policy for quite awhile.

"Handguns, as defined by 18 U.S.C. § 921,will be accepted for transportation only via UPS Next Day Air® Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® services. "
http://www.ups.com/content/us/en/resources/prepare/guidelines/firearms.html

Sometimes you deal with a counter person who doesn't know their own company policies.
 
Lastly, there is a way around everything, legally. Look at OJ! If you take your slide off and ship the slide in one box and the frame in another, even if both boxes are shipped within a larger box (SWOG) you can ship it as parts with almost all carriers. SWOG - Ship with other goods, is a way to manifest the contents of the box, e.g. put a packing slip on it folded up saying box #1 slide assembly for Hi Point (good choice fo returns) and box #2 frame assembly. DO NOT SHIP LIVE AMMO, this is HAZMAT and you will get caught. Our facilities have dogs, detectors, guards, etc...

USPS will not accept SWOG, this is limited to the big three DHL, UPS and FedEx. However the best method is to separately pack and ship on separate tracking #'s. I've done it, I've seen it work. Your FFL is definitely wrong, use the ATF #'s and get a contact name to shove your cell phone up his *** so he can hear it from a Fed.

Jesus, how scary is it to get so much wrong information from somebody with 20yrs experience in shipping/logistics.

If you ship a serial numbered receiver, you ARE shipping a firearm. Do so with a handgun receiver through USPS, you've broken two federal laws. Do so with UPS or FedEx and it's one federal law and one company policy.

Live ammo is NOT HAZMAT!!!!

I'd advise anybody reading this thread that before they waded through all this garbage trying to discern fact from fiction to read the FAQ's at the ATF site before going any further.

http://www.atf.treas.gov/firearms/faq/
 
Jesus, how scary is it to get so much wrong information from somebody with 20yrs experience in shipping/logistics.

What is truly frightening is that he linked to the ATF sites but obviously hasn't read them yet is giving very bad advice then claiming it is somehow "legal."

I'd advise anybody reading this thread that before they waded through all this garbage trying to discern fact from fiction to read the FAQ's at the ATF site before going any further.

Agreed. More importantly, read the actual relevant statute. Not just what the ATF says the law is but what the actual law says.
 
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If I buy a firearm from some one out of state that is not a FFL holder they send it to my dealer who only wants a copy of their drivers license to keep in his records.
 
CraigC said:
If you ship a serial numbered receiver, you ARE shipping a firearm. Do so with a handgun receiver through USPS, you've broken two federal laws. Do so with UPS or FedEx and it's one federal law and one company policy.

No Federal law broken if shipping via common carrier to a licensee, only carrier policy.

Live ammo is NOT HAZMAT!!!!

Live ammunition certainly is HAZMAT. The Department of Transportation classifies small arms ammunition as a Division 1.4S explosive material. If packaged according to an exemption in 49 CFR, it can be reclassed as an ORM-D material. ORM-D is still considered a hazardous material by DOT.

You may be confused because ORM-D material, while a DOT hazardous material and subject to the HAZMAT regulations, is not usually subject to a HAZMAT charge by most carriers.
 
did I have a pistol shipped illegally

The local gun shop down the road from me will only receive firearms from a person with a FFL. And must trade copies before proceeding with the transfer. Charge $30 for the service. I think this is to dis-courage transfers and boost retail sales.
 
No Federal law broken if shipping via common carrier to a licensee, only carrier policy.

True as far as it goes regarding licensees, but Ssgt Savage was telling people that it was okay to send the handgun frame by common carrier without declaring that it was a firearm:

Lastly, there is a way around everything, legally. Look at OJ! If you take your slide off and ship the slide in one box and the frame in another, even if both boxes are shipped within a larger box (SWOG) you can ship it as parts with almost all carriers. SWOG - Ship with other goods, is a way to manifest the contents of the box, e.g. put a packing slip on it folded up saying box #1 slide assembly for Hi Point (good choice fo returns) and box #2 frame assembly.

This is wrong, very bad advice, and doing so, is a violation of federal law. It is not just a matter of UPS/FEDEX policy. A firearm frame is not a "part", it is a firearm.

A person can send a handgun via UPS or FEDEX. That person must disclose that the item is a firearm. See 18 USC 922(e). The fact that UPS and FEDEX then require air shipping is an internal policy by each company and is not federal law.
 
A person can send a handgun via UPS or FEDEX. That person must disclose that the item is a firearm. See 18 USC 922(e). The fact that UPS and FEDEX then require air shipping is an internal policy by each company and is not federal law.

You're only required to disclose that it's a firearm for interstate shipments (I just learned that about a week ago.) But don't try this at the Post Office unless you have a FFL.
 
You're only required to disclose that it's a firearm for interstate shipments (I just learned that about a week ago.) But don't try this at the Post Office unless you have a FFL.

That is correct and I stated that in a post above.
As noted above by NGIB, do this with an interstate shipment and you are violating federal law.
I also posted the controlling statute.

Here it is again:

18 USC 922
"Sec. 922(e)
It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped;"
 
hanno said:
No Federal law broken if shipping via common carrier to a licensee, only carrier policy.

True as far as it goes regarding licensees, but Ssgt Savage was telling people that it was okay to send the handgun frame by common carrier without declaring that it was a firearm:

It is perfectly legal if shipping to a licensee. There is no legal requirement to notify the carrier, although it might jepordize any insurance claims. Federal law only requires notification when shipping to an unlicensed individual, as is stated in the US Code reference you posted above.

Here is the section you posted. I highlighted the applicable phrase:

18 USC 922
"Sec. 922(e)
It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped;"

The part mentioning ammunition should be ingored since ammunition shipments are regulated by the Department of Transportation, not the Department of Justice.
 
It is perfectly legal if shipping to a licensee. There is no legal requirement to notify the carrier, although it might jepordize any insurance claims. Federal law only requires notification when shipping to an unlicensed individual.

I have already said that in my post above.
See, for example this statement by me:
True as far as it goes regarding licensees,...
I assumed folks could read and comprehend the statute for themselves. That is why I posted it. Perhaps I should have responded in a way to cover ever contingency, possibility, or exception, but my response was to some very bad advice that if taken as correct could land someone in a lot of trouble.
The post I responded to wasn't with sending handguns to a licensee, it was the idiotic general idea that one can send a frame as a "part" without notifying the shipper that it is a firearm.
as is stated in the US Code reference you posted above.
Which is exactly why I posted the relevant section of the statute in my posts above.
 
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