Shipping a handgun

ryanh51 ........My sister will be flying out in a couple months and she SHOULD be able to take it with her in her checked baggage.....

..............My sister will be making a trip back home in about 2 months and she can probably pick it up. She lives in Idaho so I can get it from her pretty easy.
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Do this and you both are committing a Federal crime.
You and your sister are residents of two different states. Letting her take your firearm is an illegal interstate transfer.
 
Do this and you both are committing a Federal crime... You and your sister are residents of two different states. Letting her take your firearm is an illegal interstate transfer.
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As usual, Dogtown is correct. :)

The only way this plan could be lawfully carried out is if you or a NC FFL ships the gun to an ID FFL and the ID FFL then transfers it to your sister. She can then ship it, have an ID FFL ship it, or personally transport it to a UT FFL where it can be transferred to you. As with the earlier scenario, the sticking point will probably be satisfying the UT residency requirement on the receiving end.

A FFL can only transfer a handgun to a legal resident of the state in which the FFL is located.

Also- this assumes that the firearm is legal to possess in NC, ID, and UT, and that all state licensing, registration, and transportation requirements are followed; I'm not familiar with those requirements in these three states.
 
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wow.... If I'd known it was THIS difficult I might have waited and paid(potentially) more money to buy it(them) here. Just to be sure: there are no bars to ME checking it on my baggage and transporting it to Utah correct? Obviously I need to follow all the correct procedures(having it unloaded, not transporting with ammo, locked in a hard sided box, filling the forms, etc. etc.). Do I need to re-register it or pay extra taxes or anything else? this is getting complex lol.
 
wow.... If I'd known it was THIS difficult I might have waited and paid(potentially) more money to buy it(them) here. Just to be sure: there are no bars to ME checking it on my baggage and transporting it to Utah correct? Obviously I need to follow all the correct procedures(having it unloaded, not transporting with ammo, locked in a hard sided box, filling the forms, etc. etc.). Do I need to re-register it or pay extra taxes or anything else? this is getting complex lol.
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I thought you said the bus company would not transport it?
 
ryanh51 wow.... If I'd known it was THIS difficult I might have waited and paid(potentially) more money to buy it(them) here. Just to be sure: there are no bars to ME checking it on my baggage and transporting it to Utah correct? Obviously I need to follow all the correct procedures(having it unloaded, not transporting with ammo, locked in a hard sided box, filling the forms, etc. etc.). Do I need to re-register it or pay extra taxes or anything else? this is getting complex lol.
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No Federal law "bars" you from checking a firearm, but notification to the common carrier IS REQUIRED. As Greyhound's tariff prohibits shipment of firearms it seems as if Greyhound isn't an option.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=11b0891b8dc5296773a8e8feb6fbe05d&rgn=div8&view=text&node=27:3.0.1.2.3.3.1.13&idno=27


§ 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.

(b) No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container indicating that such package, luggage, or other container contains a firearm.

(c) No common or contract carrier shall transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of any provision of this part: Provided, however, That the provisions of this paragraph shall not apply in respect to the transportation of firearms or ammunition in in-bond shipment under Customs laws and regulations.

(d) No common or contract carrier shall knowingly deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm: Provided, That this paragraph shall not apply with respect to the return of a firearm to a passenger who places firearms in the carrier's custody for the duration of the trip.

[33 FR 18555, Dec. 14, 1968. Redesignated at 40 FR 16385, Apr. 15, 1975, and amended by T.D. ATF-354, 59 FR 7112, Feb. 14, 1994; T.D. ATF-361, 60 FR 10786, Feb. 27, 1995]
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ryanh51 said:
Just to be sure: there are no bars to ME checking it on my baggage and transporting it to Utah correct?... Do I need to re-register it or pay extra taxes or anything else?
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This is a state-to-state thing. Some states require registration of handguns and/or licensing of owners, and the requirements can be cumbersome for non-residents to comply with.

Without knowing your itinerary and route, it's hard for anyone here to comment concisely on the state requirements you may come up against. However, a fairly comprehensive summary of state laws can be found at the following website, although I cannot personally vouch for its accuracy or thoroughness.

http://handgunlaw.us/

Be aware that the NICS background check and DOJ Form 4473 that one fills out at the dealer do not register the firearm with the Feds, at least not formally- tinfoil hat accusations to the contrary notwithstanding. (Let's not discuss that here. :rolleyes: ) Only the general type of firearm is discussed during the background check phone call, and the 4473's are supposed to be retained by the dealer unless the ATF demands them for specific investigative purposes, or the dealer ceases operation.

There IS a provision in federal law that is intended to protect travelers from local registration and/or licensing requirements:
18 USC § 926A - Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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...BUT this law comes with a couple of important caveats.
  • The firearm must be legal to possess at the intended destination. This potentially includes local licensing and registration, where required.
  • Some anti-gun jurisdictions have prosecuted gun owners via a very narrow reading of the term "transporting"- e.g. if you take a sightseeing break, stay overnight at a motel, or even eat a relaxing slow-paced dinner a nice sit-down restaurant, you are no longer "transporting" the firearm, and are therefore in violation of the local handgun registration law. :eek: There have been several proposals to broaden the law and fix this, but until that time, it may be advisable to avoid traveling through restrictive jurisdictions whenever possible. If you have no other choice, try not to stop.
 
Wow, that is really frustrating about Greyhound's firearms policies. Though not surprising...grumble...

Yeah, I would suggest finding an FFL dealer who would allow you to ship your gun to them for a small fee.
 
I will reiterate what csmsss said...

My sister and brother-in-law just moved across the country... after exploring all the options, they decided the cheapest, least-hassle option was to rent a car on a one-way basis and drive all the firearms to their new home. They had about 10 firearms to move, and they were able to make the 18 hour drive in one day... which translates into a 1 day car rental, and no hotel costs.

If you limit your sleep/stop time, you could rent a car for 2 days and drive the 2000 miles. Drive for 18 hours, stop for 10 hours (sleep, eat), drive for 18 hours, you are done !

$100 for 2 days car rental, $50 for 1 night in a hotel, $200 for gas. Depending on how many firearms you need to have moved, that might be a bargain. It for sure decreases the hassle involved.
 
Why don't you just fly? I picked a day next week, Greyhound was $225, Southwest was $330. And it's a whole lot quicker.
 
AMTRAK?...

Did you consider travel by train(AMTRAK)?
I went over the AMTRAK website & couldn't find any data or FAQs about carrying firearms or TSA/DHS regs. :mad:
The last I heard(3/4 years ago), AMTRAK trains allowed weapons(unloaded & secure) in checked luggage. I'm sure that SOP may have changed.
As for handguns & shipment, I would not use FedEx. My local FedEx center had a large sign saying any package can be opened or inspected & no firearms were allowed on the FedEx property.
To my understanding, you can send a firearm by express mail to a gunsmith or factory for repairs or custom work. This was part of the 1968 GCA or Gun Control Act. This political action came after the shootings of Rev Martin Luther King and Robert F Kennedy.
I plan to use UPS for any custom work in the future. USPS is strict too & I would want to avoid any problems there.

Clyde
 
ClydeFrog Did you consider travel by train(AMTRAK)?
I went over the AMTRAK website & couldn't find any data or FAQs about carrying firearms or TSA/DHS regs.
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http://www.amtrak.com/firearms-in-checked-baggage





As for handguns & shipment, I would not use FedEx. My local FedEx center had a large sign saying any package can be opened or inspected & no firearms were allowed on the FedEx property.
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ANY carrier (USPS, FedEx, UPS) can open any package for inspection.
While there may be a "No Firearms" sign, FedEx most definitely ships firearms.




To my understanding, you can send a firearm by express mail to a gunsmith or factory for repairs or custom work.
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As mentioned above, only dealers and manufacturers can mail a firearm other than a rifle or shotgun.



This was part of the 1968 GCA or Gun Control Act. This political action came after the shootings of Rev Martin Luther King and Robert F Kennedy.
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Actually, its not. The prohibition on shipping handguns via USPS is a postal regulation and not part of the GCA '68. The GCA '68 did require that interstate firearm shipments be addressed to a licensed dealer.




I plan to use UPS for any custom work in the future. USPS is strict too & I would want to avoid any problems there.
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For long guns USPS is hands down the least hassle. I ship 100% of my handguns via USPS, if their large package rates were as good as UPS I would ship all long guns USPS as well.
 
Transferring to a sibling does not fall under the normal FTF family exceptions? I thought you could accept a hand gun from an out of state parent. I just assumed you could also accept one from a sibling.
 
johnwilliamson062 said:
Transferring to a sibling does not fall under the normal FTF family exceptions? I thought you could accept a hand gun from an out of state parent. I just assumed you could also accept one from a sibling.
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This really isn't a transfer issue, but under federal law any interstate transfer must go through an FFL. There is no exception for intra-familial transfers.
 
I didn't realize you had to die to "bequeath" something. I thought any sort of giving to family members is covered. Reading the law it is pretty clear they aren't. Thanks for the correction. That still doesn't apply as you said. I think I might have mixed up two threads. Not sure but I absolutely agree it doesn't apply here and I wasn't right anyways.
 
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