EOD Guy,
This is the letter I sent:
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Bureau of Alcohol, Tobacco and Firearms
Office of Liaison and Public Information
650 Massachusetts Avenue, NW
Room 8290
Washington, DC 20226
Re: Notification to common carriers that a package contains a firearm.
Your web site says that "a carrier must be notified that the shipment contains a firearm" (http://www.atf.treas.gov/firearms/faq/faqb.htm#b7). Yet 18 U.S.C. 922(e) says:
It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, 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.
Similar wording is found in §178.31:
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.
These passages seem to create an exception to the requirement that a common carrier must be notified if the firearm is being shipped to a licensee. On the other hand, the passages can be interpreted to mean that if a package contains a firearm, it can be lawfully shipped only to a licensee and the carrier must be notified that the package contains a firearm.
So, if a non-licensee is shipping a firearm to a licensee in interstate commerce via a common or contract carrier, is the non-licensee required by law to give written notice to the common or contract carrier that the package contains a firearm?[/quote]
The answer I quoted in my previous post was from
Gary Thomas,Chief, Firearms Programs Division
Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
Washington, DC 20226
(202) 927-7770