Transfering a handgun
- Thread starter Drumson
- Start date
Not totally true. It must only go FFL to FFL if the transferee and transferor are residents of different states. If they are both in the same state, federal law allows shipping directly. It cannot go USPS because their regs only allow FFLs to ship handguns anywhere. UPS and FedEx have their own rules and hoops.
This being said, the above is federal law. Your state law may be more strict.
Herr Walther
New member
And that's not true either. A private individual may ship directly to an out of state FFL provided that the FFL will accept such transfers from individuals.
A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Frank Ettin
Administrator
Drumson said:
Shipping
An individual may ship a handgun only by UPS or FedEx. He may not legally ship a handgun by USPS.
- If you ship a handgun by UPS or FedEx, you must agree to abide by their rules (called "tariffs").
- Here are the applicable FedEx rules for firearms:
- Here are the applicable UPS rules for firearms:
- Basically, under the applicable tariffs, and individual may only ship a firearm by UPS and FedEx to an FFL.
- You may not ship a handgun using the United States Mail. Here are the applicable USPS regulations, but basically only an FFL (or certain other "official" persons) may ship a handgun by U. S. Mail. An FFL may ship a handgun by U. S. Mail only to another licensee or other "official" person.
Transfer
As noted by Herr Walther in post 4, pretty much any interstate transfer must, under federal law, go through an FFL. There are no exceptions under federal law for gifts.
Many States, but not all, permit a resident to transfer a gun to another resident without formalities or the use of any FFL. But as noted above, intrastate shipping is a problem.
My understanding of the law is that if you cross a state line, hand delivering it would also be a violation without the involvement of an FFL. More knowledgeable people are likely to chime in, but I think you are going to have to go to a gun shop or similarly licensed individual when you get there to legally process the transfer even if you make the trip.
Revoltella
Moderator
There may be an exception for inherited guns if you pick them up in another state, but that would be the only exception for an interstate handgun transfer. But I would definitely double check that.
Frank Ettin
Administrator
TailGator said:
That's correct.
Doyle said:
It's not just a change in ownership. It's any transfer, which includes a change in possession.
Revoltella said:
There is an exception under federal law for a gun which you inherit. But the means that someone has to have died and left you the gun specifically in a valid, probated written will (or the gun became yours under the applicable intestate succession laws and the estate is being administered in court).
Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):
- Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
- In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
- In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
- There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
- The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
- Here's what the statutes say:
For the OP, your best course of action if you wish to hand-deliver the handgun is to drive it to the resident state of the recipient, then visit an FFL/gun store who has agreed ahead of time to do the transfer. You hand over the firearm to the FFL, they enter it in their book, they do a 4473 & NICS check on the intended recipient, and your gun now legally becomes their gun. You should expect to pay the gun shop/FFL a fee for this service, $20-$50 is customary.
If you don't wish to drive it there, your lowest out of pocket method is most likely going to be to take the gun to an FFL and have them ship it to an FFL in the state of residence of your recipient. This is usually[/u] your lowest cost method simply because your FFL can send a handgun via USPS Priority mail, it will literally cost the dealer around $12 to ship it, so he'll charge you for the service and typically, you can expect to pay $35-$55 for this service.
If you take it to UPS or FedEx, you'll be BLOWN AWAY by the cost to ship.
Furthermore, the receiving FFL must had previously agreed to accept shipment from a non-FFL. (many will NOT.)
If you don't wish to drive it there, your lowest out of pocket method is most likely going to be to take the gun to an FFL and have them ship it to an FFL in the state of residence of your recipient. This is usually[/u] your lowest cost method simply because your FFL can send a handgun via USPS Priority mail, it will literally cost the dealer around $12 to ship it, so he'll charge you for the service and typically, you can expect to pay $35-$55 for this service.
If you take it to UPS or FedEx, you'll be BLOWN AWAY by the cost to ship.
Furthermore, the receiving FFL must had previously agreed to accept shipment from a non-FFL. (many will NOT.)
Aguila Blanca
Staff
Are you and the recipient residents of the same state?Drumson said:
If not, for you to deliver a handgun to a giftee without transferring it through an FFL in the recipient's state of residence is a federal felony.
This is also incorrect. There IS an exception for inherited firearms. They do NOT have to be transferred through an FFL (unless required by the laws of the state where the heir resides). Refer to the law cited by Frank Ettin in post #11 ... section (a)(3)(A).Doyle said:
However ... there was no suggestion that the original question here involves a bequest. It was described as a "gift."
Frank Ettin
Administrator
FedEx and UPS are large, sophisticated companies with an army of lawyers each. I'm sure they know what they're doing and have anticipated and resolved the problems you mention.BoogieMan said:
Further discussion of these matters will be off topic for this thread.