Shipping a firearm

Regarding ammunition

The almighty and all knowing BATF has thus said:
(F11) Is a license required to engage in the business of selling small arms ammunition?
No. A license is not required for a dealer in ammunition only, but a manufacturer or an importer of ammunition must be licensed.
[18 U.S.C. 922 (a)(1)(B)]

So I guess unlicensed dealers in ammunition only cannot ship ammunition to anyone other than a licensed dealer? WOW! There are a lot of ammunition business out there that are in DEEP DOO DOO now.
 
Actually, it doesn't matter how WE interpret it, it is how the courts interpret it. See United States v. Burton, 351 F. Supp. 1372.

Here is what the court had to say:

It readily appears that one of the specific purposes of the statute was to prohibit the interstate transportation of a firearm by a carrier to persons not properly licensed to receive them. Therefore, the law places upon any person desiring to transport a firearm or ammunition in interstate or foreign commerce to persons other than those properly licensed, a duty to give notice to the carrier. It thereafter becomes the duty of the carrier to determine whether such shipment would be in violation of the law. Failure to satisfy the statutory duty placed upon those persons may result in the imposition of the penalty provision of the statute if a violation of the act has been discovered.
Click to expand...

Then the court went on to say:

The essential elements which must be proved to establish a violation of § 922(e) are: (1) knowing delivery, (2) to a common carrier, (3) for transportation or shipment in interstate commerce, (4) to persons other than licensed importers, manufacturers, dealers, or collectors, (5) a package or container which the defendant knew to contain a firearm or ammunition, (6) without a) giving written notice to the carrier that such firearm or ammunition was to be shipped or transported, or b) delivering said firearm or ammunition into the custody of the pilot, captain, conductor, or operator of the common carrier for the duration of the trip.
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The same reference is made in
United States v. Udofot, 711 F.2d 831
UNITED STATES v. AL-KHAFAJI, 787 F.2d 593
United States v. Krug, 20 Fed. Appx. 271
United States v. Williams, 485 F.2d 1383
United States v. Dunn, 813 F.2d 1124
 
Ok Enough

Ok guys everything that had to deal the law was copied and pasted to the site. All I am saying is that we need to watch out for ourselves because the wording on here could get us in trouble especially if someone like Billary or Obama gets in office. They could use this to really lock down the gun trades.


I was only trying to post what was on the sites where I found the information. You do with what you like. All I keep thinking is about the second line in my signature.


But Whatever, seems like everyone thinks they are right. All i was trying to do was put up something here that might be useful to others.

The whole wording of the law could be used against us.



Have A Wonderful Day.
 
Good answer. Someone proves that you are mistaken by posting an actual decision from the courts on what the law means, so instead of admitting that you were mistaken, you call the person an idiot and declare the debate over.
 
LMAO Second Line Comment

The reference to my second line was meant to be in reference to the government. LMAO The law says one thing and they say another. Good Old Uncle Sam Double talk. LMAO
 
i read the letter, and while the ATF is correct that a shipper can require that you notify them that a shipment contains a firearm as a matter of policy, that policy does not carry with it a criminal charge if you violate it. IOW, you cannot be arrested for violating UPS or FEDEX policy.
 
USC 922 (e) & CFR 178.31

are both far to complex for my comprehension. I can read where you can not do this or that when it comes to shipping handguns. What seems to be missing from both references is the section that would detail exactly what unlawful means as well as the related penalties for committing the unlawful act. I'm sure there are answers but I'm not qualified to state what those are. And I request those who post an answer give a reference to where they find the information rather than posting opinions or beliefs.
 
The letter that Don H posted in post number 26 is the one I referred to in Post 13.

It should be noted however, that the shipment of ammunition is regulated by the Department of Transportation, not the Department of Justice or the BATF. DOT does require notification in all cases.
 
You think 922 is confusing....

Unlawful means illegal according to webster.

The penalties are in section 924:

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000924----000-.html

There is only one penalty specified in 924 with regard to illegal shipping. And it appears as if ignorance of the law is an excuse, because you can only go to jail for up to 10 years if you know, or have reason to believe, that the firearm being shipped is going to be used to commit a crime punishable by greater than one year jail time. Simply shipping the firearm illegally apparantly carries no penatly by itself.

18 USC 924
(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.
 
(a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—

[... snip ]

(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.
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The answer: 5 years and the fine
 
Oh, I see, says the blind man. I guess you are right - if you JUST ship the firearm illegally, it's five years. If you do it in conjuction with another crime, such as providing the firearm to someone prohibited, then it bumps up to 10 years. By jove, I think I've got it!
 
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