Transporting a gun thru DC and Maryland

Not interested in committing a felony. Not interested I having a felon for a brother.

Maybe I'll just send him a pic.

And recommend that he move to Texas.

Thank you all for your guidance, thoughts and research.
 
Why do you have to ship it to an FFL? Can't you just mark it small arms and send it Fed Ex to him?

Where I live (NC) a private citizen can give a gun to a friend or relative as long as we know in good faith that it's legal for that person to own it. We don't need a permit or background check unless we happen to be an FFL and then none of this applies and you have to treat everyone as a customer.

edit---

Never mind, I have no idea of the laws of NC after doing more research. Apparently the state requires a permit for all transfers but leaves it up to the county to enforce it. The county I live in says not to bother if it's a gift but strongly recommends not giving them as gifts and instead give a gift certificate to a licensed FFL.
 
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mkiker2089 said:
Why do you have to ship it to an FFL? Can't you just mark it small arms and send it Fed Ex to him?
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Because (as has been previously stated) federal law requires that any handgun transferred across state lines MUST be transferred to the recipient through an FFL in the recipient's state of residence.
 
do not go on the metro with the gun. cab or car? sure and have locked in trunk, apart in separate bags. metro? heck no. md and dc will make you go through hell even if you follow the law. shipping is definitely the best way imo
 
wogpotter got to the nub of the matter -- the FOPA is irrelevant because the OP's final destination is MD, and the laws there do not allow him to possess the gun.

The key words are "readily accessible"; a gun in a hand carried bag, even if in a locked case, could be considered "readily accessible".
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I think one could reasonably and accurately argue that an unloaded gun in a locked case carried in luggage (a compartment that separates you from the gun case) is compliant with FOPA as long as you are engaged in interstate travel. However, I can understand why one would opt not to rely on the local constabulary and prosecutor agreeing with such reasonable interpretation. I took the risk flying in and out of O'Hare after reading FOPA, TSA's regs, the airline's policy, and making calls to the ISP and the PD of my final destination. Neither LEO I spoke with expressed concern, and not one TSA agent at O'Hare or SEA bothered to open my luggage to inspect my gun case.
 
How's about going to your FFL and having it shipped to a FFL out there and don't say anything to your brother. When you get out there take a ride with him to the FFL and surprise him. He does the transfer papers everything's legal and you still get your surprise without having to worry about a Felony!
 
You can't simply mail it to yourself in care of your brother's address? I have seen some say only within the same state and other posts saying it may cross state lines.
 
Dreaming100Straight said:
You can't simply mail it to yourself in care of your brother's address?....
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A non-FFL may not ship a handgun by United States Mail. Under current UPS and FedEx policies firearms may only be shipped by non-licensees to an FFL.
 
Thanks Frank. This from the ATF on shipping, which I think is not the same as transferring.

May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner “in the care of” the out–of–State resident. Upon reaching its destination, persons other than the owner may not open the package or take possession of the firearm.
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Unless it is perfectly clear that shipping to oneself in care of the brother's address and then transferring the firearm via a local ffl is legal, why risk a federal firearms charge? Just ship it to the ffl.

This doesn't involve 922(b)(3) or the exception for shotguns or rifles sine that only pertains to transfers by licensees.
 
Dreaming100Straight said:
Thanks Frank. This from the ATF on shipping, which I think is not the same as transferring....
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I'm fully aware that the ATF has stated that it's perfectly legal to ship a gun to yourself. But still --

  • If it's a handgun, you can't ship it by the USPS. Only an FFL may legally use the mails to ship a handgun.

  • Note the applicable FedEx Rules (emphasis added):
    Firearms

    1. Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:

      • Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or

      • Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
    Click to expand...

  • Note UPS Rules (emphasis added):
    UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies and (b) where not otherwise prohibited by federal, state or local law (i) from an individual to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual.
    Click to expand...
 
Frank, please correct me if I'm wrong, but it looks like the only possible way to ship a firearm to yourself through a non-FFL-holder is if it's a long gun and it's sent through the USPS?

Though I suppose it would be possible to send a handgun to yourself if you could find a different carrier who allowed it, a carrier like DHL maybe (though I don't know anything about DHL or other less-common carriers like them).
 
Theohazard said:
Frank, please correct me if I'm wrong, but it looks like the only possible way to ship a firearm to yourself through a non-FFL-holder is if it's a long gun and it's sent through the USPS?...
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Looks that way. It's an anomalous situation. It might be legal to ship a gun to yourself, but the two major common carriers won't, as a matter of policy, handle it.
 
Not interested in committing a felony. Not interested I having a felon for a brother.

Maybe I'll just send him a pic.

And recommend that he move to Texas.

Thank you all for your guidance, thoughts and research.
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Please dont do that. If we are ever going to take back any of these states. We need good people to stay and fight for it.

Other wise they will just keep pushing us into a smaller and smaller circle.
 
Its not as bad as it sounds in reality. Here's how to do it legally.
Have him go to a shop that does the HQL course (its 8 hours) & take it early so he can be issued his certificate in time.
While he's there have him get the FFL information from the dealer & find out the transfer fees.
Send the pistol to that dealer.
Have your brother file to collect the gun after the waiting period (7 days IIRC) has passed.
The FFL in MD or DC will do all the rest for you.
 
It looks like sine 2012 UPS changed its policy on shipping handguns. If this site correctly copied from the UPS site, it was permissible back in 2012.

Use These UPS Services for Your Firearm Shipment
UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation from and between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), law enforcement agencies of the United States (or of any department or agency of the United States), law enforcement agencies of any state or department agency (or political subdivision of any state), from and between persons not otherwise prohibited from shipping firearms by federal, state or local law, and when such shipment complies with all federal, state and local laws applicable to the shipper, recipient, and package.

Handguns, as defined by 18 U.S.C. § 921,will be accepted for transportation only via UPS Next Day Air Services, specifically, UPS Next Day Air® Early A.M.®, UPS Next Day Air®, and UPS Next Day Air Saver®. (Note: UPS Express CriticalSM Service is not available for firearms).
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https://professionaloutdoormedia.org/node/5725
 
Dreaming100Straight said:
It looks like sine 2012 UPS changed its policy on shipping handguns. If this site correctly copied from the UPS site, it was permissible back in 2012.
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Which is relevant how? How could posting obsolete UPS policy possibly help the OP or anyone else.

In post 32 I posted and linked to current USP and FedEx policy:
Frank Ettin said:
Dreaming100Straight said:
Thanks Frank. This from the ATF on shipping, which I think is not the same as transferring....
Click to expand...
I'm fully aware that the ATF has stated that it's perfectly legal to ship a gun to yourself. But still --

  • If it's a handgun, you can't ship it by the USPS. Only an FFL may legally use the mails to ship a handgun.

  • Note the applicable FedEx Rules (emphasis added):
    Firearms

    1. Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:

      • Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or

      • Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
    Click to expand...

  • Note UPS Rules (emphasis added):
    UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies and (b) where not otherwise prohibited by federal, state or local law (i) from an individual to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual.
    Click to expand...
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That's all that matters. Why are you confusing things by posting UPS policy that's no longer applicable?
 
Still wondering about DHL as a possible alternative, so I went to their web site. The published policy seems to indicate that no guns are allowed, but this may be for international shipments. I'll follow up with them and see if I can get confirmation regarding domestic shipments.

DHL said:
2. Unacceptable Shipments

Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
...​
  • it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
...​
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