FFL Required?

3

3StrikesNC

New member
Help me understand;
1) I don't need an FFL to purchase/receive rifles from the CMP.
2) I don't need an FFL to ship a rifle I purchased from a Gun Shop back to the manufacturer to be repaired under warranty.
3) I don't need an FFL to receive my gun back from the manufacturer in (#2 above).

Can someone help me understand this?
 
What don't you understand?

1. The CMP runs you through NICS before they send you the firearm.
2. Why should you need a FFL to send a gun out for repair?
3. Why should you need a FFL to get your own gun back?
 
I guess I've just been mis-informed about an FFL, and never read the law. I thought firearms were not permited to be purchased and/or mailed/shipped unless one had an FFL.

For instance, several years ago, I got in on one of those Weatherby deals with the Bank of Boulder. I took out a CD for some amount, and in lieu of interest, they sent me a rifle. I had to have it sent to dealer with an FFL.

Now I just purchased some rifles from the CMP, and the FFL doesn't enter into the picture.

That's why I'm confused and just trying to understand.

Thanks.
 
I have shipped two pistols back to the manufacturer for warranty repairs. Both went out via UPS Next Day Air Saver and both were returned to me via FedEx Priority Overnight. Both these shipping methods require an adult signature on each end of the transaction, but no FFL is required since ownership of the firearm does not change.

Similarly, I can UPS a rifle or handgun to myself in another state. For example, If I decide to fly to Wyoming to hunt, I can put my rifle in a UPS box, address it to myself - care of my hunting buddy in Cody. He can sign for it and give it to me when I arrive. I can then ship it back to myself the same way. UPS and FedEx don't like to do this anymore, but it is completely legal.
 
The rules and procedures are different depending on whether (1) you are receiving a gun that is new to you, i. e., a gun that you don't own is being sent to be transferred to you; or (2) you are sending a gun you already own to an FFL (the manufacturer or gun shop or gunsmith) or yourself; or (3) you are receiving a gun you already own from an FFL (the manufacturer or gun shop or gunsmith) or yourself.

In the first case, the transaction must be done through an FFL. In the later two cases, you may send and receive the gun yourself. The rules are what they are, and they don't necessarily, nor do they have to, make sense. You just need to know what they are.

Check out the BATF website, http://www.atf.treas.gov/firearms/index.htm, especially the FAQs, http://www.atf.treas.gov/firearms/faq/index.htm .
 
So, how does the CMP work that? I would think they

would need to ship the long gun to an FFL in your state.... y'all are saying because they are an FFL.... they do all the work on their end and then just ship it direct to the individual.... which means that I could by a long gun from any FFL in any state (yes, I know it would depend on the states laws) and they could ship it directly to me?
 
I'm bumping this to the top again in the hopes someone

will be able to explain, if it's true, that CMP can ship a gun (across state lines) directly to you and not use an FFL in your state. Just curious.
 
Legal Eligibility to Purchase a Firearm:
The information you supply on your application will be submitted by the CMP to the FBI National Instant Criminal Check System (NICS) to verify you are not prohibited by Federal, State or local law from acquiring or possessing a rifle. Your signature on the Purchaser Certification portion of the purchase application authorizes the CMP to initiate the NICS check and authorizes the FBI to inform CMP of the result.

IMPORTANT: If your State or locality requires you to first obtain a license, permit, or Firearms Owner ID card in order to possess or receive an M1 rifle, you must enclose a photocopy of your license, permit, or card with the application for purchase.
Click to expand...

Source: http://www.odcmp.com/Forms/1orderform.pdf
 
The CMP was specifically created by an Act of Congress. I suspect that their procedures are specifically authorized in that legislation.
 
3StrikesNC said:
I guess I've just been mis-informed about an FFL, and never read the law. I thought firearms were not permited to be purchased and/or mailed/shipped unless one had an FFL.

For instance, several years ago, I got in on one of those Weatherby deals with the Bank of Boulder. I took out a CD for some amount, and in lieu of interest, they sent me a rifle. I had to have it sent to dealer with an FFL.

Now I just purchased some rifles from the CMP, and the FFL doesn't enter into the picture.

That's why I'm confused and just trying to understand.

Thanks.
Click to expand...

When Congress created the CMP. the enabling legislation exempted the CMP from the Gun Control Act of 1968. That is why they can ship directly to the customer. Also, they do not have, nor are they required to have, an FFL.
 
Also be aware that these "shipping" requirements are federal and apply only to interstate shipping. Unless prohibited by state law, you can ship firearms inside your state anywhere and to anyone you want, provided it is legal for the person receiving the firearm to possess it.
 
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