?'s about selling gun out of state

proxpilot

New member
was thinking about putting my guns up for sale due to family emergency. was wondering what must be done to ship to someone out of state as far as an FFL is concerned?
 
It has to go to an FFL, period.
Some FFLs require it come FROM another FFL but this is just a CYA maneuver, it is not the law.
 
Not by federal law, but a lot of FFL don't like to receive boxes with guns from non-FFL in case the paperwork is screwy (Tam wrote a nice line about having trouble to properly enter "white box with hard to read sender" in her books).
 
How many guns are involved? If less than a half dozen, selling them directly may be OK, or you can put them on consignment at a gun dealer. But if a lot (200-500 guns) I would go the auction route.

One more thing. Note the amount you paid for each gun and the amount you get for it; any profit is taxable as capital gains. (Yes, yes, I know. But evading taxes is a felony and conviction means no more guns.)

Jim
 
Shipping is usually a heck of a lot cheaper if done through an FFL instead of doing it yourself, especially for handguns.

Shop around though, don't run down to the first gun store you see. For example, my local FFL/range charges $50 for the transfer fee plus shipping. I asked around and discovered a little place way out in the country that does the whole shebang for $35.
 
Also, in terms of making the shipment, it's important to know a few things. (Most of this is copied from an earlier post of mine.)

Rifles and shotguns may be sent via US Mail including regular Parcel Post. You may run into ignorant postal clerks who claim it's not legal; ask them to look in the regulations or ask to see their supervisor. However, some people have reported having to try another post office. :rolleyes: Rifles and shotguns may also be sent via UPS or FedEx ground, which is generally a bit cheaper, but you have to ship it from an actual company-operated hub, NOT from a drop box or one of their strip-center "UPS Store" locations, which are franchises and aren't authorized to handle firearms. Hubs can generally be found at your nearest commercial airport with scheduled airline service. The inconvenience of reaching a hub may be a deal-killer if you live in a rural area.

It's illegal for anyone but an 01 "Dealer" FFL to send a handgun via the U.S. mail. Period. It's a violation of postal regulations. You may find some people who claim it's legal because it doesn't show up in the federal firearms regulations, but they're not looking in the right place.

You can send a handgun out-of-state via UPS or FedEx, but their regulations require that you send it next-day air rather than ground. Generally the cheapest option is UPS "Next Day Air Saver", which doesn't guarantee AM delivery, but will save you $8-$10. However, the package will still typically cost $35-$60. The same restrictions on shipping locations apply; see above.

Due to the expense and hassle, it's often cheaper and easier to send handguns FFL-to-FFL because they can ship via USPS Priority Mail. The difference in cost between this and Next Day Air may offset the FFL transfer fee.

Some unethical folks will tell you "well, you can lie about what's in the package and send that handgun by UPS Ground...", but lying to the USPS or a common carrier such as UPS or FedEx regarding the contents of a package is a federal crime. :(

By federal law, nobody can require you to label a package saying that it contains a firearm. This applies to the USPS and common carriers equally.
 
Talk to your local FFL..

Mine will ship guns for me for around $10 + whatever postage costs..

Whoever buys your gun will be paying a transfer fee on their end..
 
carguychris Also, in terms of making the shipment, it's important to know a few things. (Most of this is copied from an earlier post of mine.)

Rifles and shotguns may be sent via US Mail including regular Parcel Post.
I strongly advise to NEVER ship a firearm via Parcel Post. Priority Mail costs a little more but is waaaaaay faster. Parcel Post is the slowest least reliable USPS classification. The longer a package stays in the system, the greater the opportunity for loss or damage.

You may run into ignorant postal clerks who claim it's not legal; ask them to look in the regulations or ask to see their supervisor. However, some people have reported having to try another post office.
Unless you tell the postal clerk there is a gun in the box they have no way of knowing. DON'T TELL! There is no federal law or postal regulation that requires notifying the USPS that you are shipping a firearm. (Dealers and Manufactures ARE REQUIRED to submit a Form 1508 only when mailing a handgun)

Rifles and shotguns may also be sent via UPS or FedEx ground, which is generally a bit cheaper, but you have to ship it from an actual company-operated hub, NOT from a drop box or one of their strip-center "UPS Store" locations, which are franchises and aren't authorized to handle firearms. Hubs can generally be found at your nearest commercial airport with scheduled airline service. The inconvenience of reaching a hub may be a deal-killer if you live in a rural area.
FedEx now allows firearms shipment from any FedEx Office location...no need to go to a customer service center.

It's illegal for anyone but an 01 "Dealer" FFL to send a handgun via the U.S. mail. Period. 02FFL's "Pawnbrokers" & 07FFL's "Manufacturers" can also mail handguns.

Due to the expense and hassle, it's often cheaper and easier to send handguns FFL-to-FFL because they can ship via USPS Priority Mail. The difference in cost between this and Next Day Air may offset the FFL transfer fee. I mail handguns every week- the most any customer has paid is $35 which includes my $10 FFL fee for shipping. UPS FedEx typically run double that.


Some unethical folks will tell you "well, you can lie about what's in the package and send that handgun by UPS Ground...", but lying to the USPS or a common carrier such as UPS or FedEx regarding the contents of a package is a federal crime. No, it's not a federal crime to lie to FedEx or UPS. It IS a violation of their tariffs (shipping policies). Fail to follow their policies and you'll get squat on any insurance claim for loss or damage.

The ONLY time notification is required to be given to a common carrier is when you are shipping interstate to someone who does not hold a FFL......and that in itself is a Federal crime.
...
 
It's illegal for anyone but an 01 "Dealer" FFL to send a handgun via the U.S. mail. Period.
Strong statement, but incorrect.
Someone else mentioned pawn brokers (which I believe a 02_, but let's not forget....
Manufacturers (some manufactures are a type 01, I don't believe all are), and
authorized agent of the federal government or the government of a state, territory, or district,


The code is long and notes many restrictions. So a search of code is required.
 
but lying to the USPS or a common carrier such as UPS or FedEx regarding the contents of a package is a federal crime.


Could you elaborate on the part regarding common carriers. That just seems odd being a "federal" crime if using those method of shipment. Thanx.
 
BlkHawk73
Quote:
but lying to the USPS or a common carrier such as UPS or FedEx regarding the contents of a package is a federal crime.

Could you elaborate on the part regarding common carriers. That just seems odd being a "federal" crime if using those method of shipment. Thanx.
It's a common misconception.....thanks to ATF. Although ATF readily admits the erroneous information found in the firearm "FAQ's" on their website, they have yet to correct the error.
Here is the FAQ that is in error:
Q: May a nonlicensee ship a firearm by common or contract carrier?A nonlicensee may ship a firearm by a common or contract 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), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

Note how the actual citation from the Code of Federal Regulations reads:

Sec. 478.31 Delivery by common or contract carrier.
(a) No person shall knowingly deliver or cause to be delivered to
any common or contract carrier for transportation or shipment in
interstate or foreign commerce to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or licensed collector,
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: Provided, That any passenger
who owns or legally possesses a firearm or ammunition being transported
aboard any common or contract carrier for movement with the passenger in
interstate or foreign commerce may deliver said firearm or ammunition
into the custody of the pilot, captain, conductor or operator of such
common or contract carrier for the duration of that trip without
violating any provision of this part.

Here is the response from ATF: (courtesy of NavyLT)
Note that the CFR was renumbered after this letter was written.
batfn.jpg
 
Can ammo be shipped in the same container as the firearm?

This is one I'm not certain about.
Can a seller ship ammo with the firearm. Every now & then I see a post where the seller is selling ammo and a gun in the same transaction.
Can anybody answer if they can be shipped together, or must they be shipped seperatly?

GQ
 
The shippers will not (knowingly) accept ammunition in the same container as a gun. I do not know if there is law or regulation on the subject.
 
gearchecker This is one I'm not certain about.
Can a seller ship ammo with the firearm. Every now & then I see a post where the seller is selling ammo and a gun in the same transaction.
Can anybody answer if they can be shipped together, or must they be shipped seperatly?

GQ

USPS- No, ammunition is not mailable.
UPS- No, ammunition cannot be included in packages that contain firearms.http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html?srch_pos=3&srch_phr=handgun
FedEx-No, Ammunition is an explosive and must be shipped separately as dangerous goods.http://fedex.com/us/terms/express-ground/index.html

Federal DOT requires ammunition to be shipped via "Ground" only. Such shipments need to be properly labled with an ORM-D label.
 
"Not by federal law, but a lot of FFL don't like to receive boxes with guns from non-FFL in case the paperwork is screwy (Tam wrote a nice line about having trouble to properly enter "white box with hard to read sender" in her books)."


Always include a clear photocopy of picture ID.
 
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