Tell us the exact situation, odds are there is no legal gray area.
Crazy88Fingers Real quick question for you folks that searching hasn't answered. When shipping via USPS with a FFL, does the actual licensee need to drop it off and sign the forms at the post office, or can an authorized representative of the company do it with a copy of the license? I'm trying to get a pistol out for service and have run into a legal grey area. Thanks!
If mailing a rifle or shotgun, anyone can do so and no forms are required.
If it's a firearm other than a rifle or shotgun (handgun, AR lower, frame, receiver, etc), only a licensed dealer or manufacturer may do so.
When mailing a firearm other than a rifle or shotgun, the licensed dealer or manufacturer will submit a USPS Form 1508. When he signs that form he is certifying under penalty of law that he is a licensed dealer or manufacturer and that the shipment is addressed to another dealer or manufacturer.
No copy of the shipping dealers FFL is required, nor is it required of the receiving dealer or manufacturer.
"Authorized representative" does not mean the dealer lets the customer take it to the post office. Employees, yes. If the customer (you) takes gun to your dealer and he signs the Form 1508 and you then take it for him to the post office............oh good grief.
The violations of Federal law:
-Illegal transfer of a firearm. Dealer did not properly log firearm in or out of his bound book. If he DID log it into his book and then logged it back out to the dealer listed on the 1508 he cannot relinquish possession back to the customer.
-If dealer signed the Form 1508 he committed a felony, because he is not the shipper of the firearm......you are. The dealer prints the label, postage and delivers it to USPS........if you do that the dealer isn't the shipper, you are.
-If customer took the 1508 and presented it as if he were the dealer, its a felony.
-If the customer signs the 1508 at the post office he commits forgery as he is not a licensed dealer or manufacturer.
-Illegal shipment of a firearm via US Mail. Customer is not a licensed dealer, but a customer...........can't be an "authorized representative".
