In State UPS Transfer without FFL?

B

butch50

New member
Is it legal to transfer a firearm from one private party to another, both in Texas, via UPS, without going through an FFL?

As face to face would be?
 
Rifle or handgun?

This is a good question because I've never thought of asking it.

Fed law is really "murky" when it comes to what they control. They can tell a farmer in a state that he or she can't grow extra corn for his self due to the Commerance (please God, teach me how to spell :( ) [It's "Commerce." --God] clause. So when it comes to firearms, and the ATFE the way that they are, a rifle maybe but I would be really interested in handguns and how they look at them.

In "their" eyes, anything that "may" affect the CC (since I can't spell it), even if it's intrastate and not interstate, is duly regulated by the alphabit ["alphabet" --God] soup agency in charge of such things.

Case in point, the 9th circuit has said that if you make your own machine gun in state (where it may be allowed) then that is okay. But the feds will come up and arrest you if ANY of the steel, parts, etc.. crossed any state lines. Even if you made it from the ground up, if ANY of the materials went across state lines, you're busted.

So, long story short, the imperial federal government will find something to charge you with and it's usually 5 to 10 with a 10,000 to 25,000 dollar fine.

Don't ya just love America.

Wayne
 
Actually, Federal law is quite clear on the matter. As far as the Feds are concerned, they do not regulate intrastate sales of firearms between private parties. The only time they would be involved would be in the transfer of any NFA firearms.
 
EOD,

I thought that if you shipped a handgun, even if it's in state, it has to be shipped to an FFL no matter what.

I may be wrong, could someone PLEASE help on the matter.

I know that face to face instate (as long as both parties are residents of said state) is legal no matter what the firearm (excluding Class III's) as long as the firearm is allowed by that state (ie. California).

Wayne

*Oh, and thanks god :D
 
I thought that if you shipped a handgun, even if it's in state, it has to be shipped to an FFL no matter what.
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Nope. The feds don't care what you do inside a state. Unless there are state prohibitions, you can ship handguns and longguns to another person inside your state provided they can legally possess the firearms.
 
While the feds have on set of rules so does the shipper ! Check with UPS.IIRC one of their rules is to ship overnight [cuts down on theft within UPS]
 
I don't have it in front of me, but I had also thought that private party transfers had to be "face to face".
 
Legally, at the federal level, you can do this.

However, many states do not allow this.

In any event, standard UPS/Fedex policy is not to do it. So, it is really a moot point.
 
but I had also thought that private party transfers had to be "face to face".
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Again, only if required by state law.

(B9) May a nonlicensee ship a firearm by carrier?

A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]
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http://www.atf.treas.gov/firearms/faq/faq2.htm#b9

(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
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No mention of physical location during transfer. Only requirement is residents of the same state and legally may possess the firearm.
 
It would seem, if important, that those relevant sections would have stated if there was a prohibition on in state shipments. So it must be alright.

As far as actually sending it by UPS or FedEx, one can ship a gun on behalf of the owner. So if the gun is paid for, you just become the shipping agent for the owner, sending him his own gun. No different than a gunsmith shipping directly back to a client or you sending a gun to yourself care of a hunting guide.
 
Legal is one thing and wise is another. No inspection before buying? If you like to buy without looking I can get you a great deal on some waterfront property outside Odessa...at least it was waterfront a few million years ago, so who is to say it won't be again? :D
 
HK,

Thanks :). I would seem that I had/have given erroneous information in some other threads, to those I apologize.

Goes to show you, no matter how much you think you know, you can't know it all :o .

Wayne
 
No inspection before buying?
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Don't be such a nancy pants. The inspection is after delivery, and is done thousands of times a day. I have bought one gun in the last 7 years that I inspected before delivery.

I take it you don't use Ebay or Amazon, either.
 
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