Firearm shipping ????

[Chefcook]

I have 2 long guns and a handgun I gave to my brother in-law a few years ago as collateral on a loan. I am about to pay off the loan to get my guns back but he lives in Wilmington Delaware. How do I get them back? He is not an FFL but since they are my guns can he ship them to me anyway or do I have to go get them???

 

[Jay]

GunBroker.com Support FAQ 1118 : Firearms Shipping Guide

 

[Chefcook]

GunBroker.com Support FAQ 1118 : Firearms Shipping Guide

Ok I am still a little fuzzy on this because. I can ship my pistol to Wilson Combat because they are an FFL but because I reside in Indiana they can ship it directly back to me without going threw an FFL because I am the gun owner. So if I as the gun owner can receive my own firearms without an FFL why couldn't my brother in-law just mail them to me???

 

[HandK]

http://www.atf.gov/firearms/statelaws/22ndedition/indiana.pdf

 

[Chefcook]

http://www.atf.gov/firearms/statelaws/22ndedition/indiana.pdf

OK so which part is relative???

 

[Jay]

Ok I am still a little fuzzy on this because. I can ship my pistol to Wilson Combat because they are an FFL but because I reside in Indiana they can ship it directly back to me without going threw an FFL because I am the gun owner. So if I as the gun owner can receive my own firearms without an FFL why couldn't my brother in-law just mail them to me???

I think the answer to that is because the firearms are changing ownership, and the fact that they will be shipped across state lines, and the fact that there's a handgun involved. I cannot quote statute, but I'd either go get 'em, or have him ship to your local FFL, and pay the transfer fee. The transfer fee will leave a "trail", but will be less expensive that the gas to go to get 'em. A non- FFL may ship to an FFL, if the receiving FFL agrees to do so. I had the same situation with my dads guns when he passed, and I drove to TX and got 'em.... made a vacation out of it.

It's your call.......

 

[Jay]

Here, I found some info from the BATFE....

here's the source... ATF Online - Bureau of Alcohol, Tobacco and Firearms

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]


(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back] (cleaning said firearms is a lawful activity )
Yes. A person may ship a firearm to himself 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. Persons other than the owner should not open the package and take possession of the firearm.

 

[Bill of Rights]

Here, I found some info from the BATFE....

here's the source... ATF Online - Bureau of Alcohol, Tobacco and Firearms

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]


(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back] (cleaning said firearms is a lawful activity )
Yes. A person may ship a firearm to himself 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. Persons other than the owner should not open the package and take possession of the firearm.

I was going to agree with you, Jay, right up to that last sentence.

To the OP: The other person already has possession of the firearms. Given that, I would bet that a call to ATF would tell you they have to go through a FFL. In addition, this all happened in DE, which is probably lawful in their state, however, securing a loan using a firearm (and the statute may specify handgun, I forget) as collateral is unlawful here. Not a big deal, but if you involve the law, that may come into play somehow (don't ask me how, all I know is that stranger things have happened!) and you'd have to say that you sold the guns to him and have now bought them back, making it a sale across state lines, mandating a FFL.

Good luck and let us know what you end up doing.

Blessings,
Bill

 

[Indy_Guy_77]

There are plenty of FFLs on the south side who'll help you out, too, if need be. Many of whom are INGO members.

I bet if you send a PM to CoyoteCreekGuns, he'll be able to help you out.

And since they're YOUR firearms, it MIGHT not need an official "transfer"... But it'd be nice, for shipping purposes, if the shipper's carrier of choice knew they were going to an FFL.

-J-

 

[Chefcook]

I will probably just pick them up I go there to get my daughter for holidays making 4 trips a year so its not that big a deal I guess, just a couple hours out of the way...

 

[HandK]

I think the answer to that is because the firearms are changing ownership, and the fact that they will be shipped across state lines, and the fact that there's a handgun involved. I cannot quote statute, but I'd either go get 'em, or have him ship to your local FFL, and pay the transfer fee. The transfer fee will leave a "trail", but will be less expensive that the gas to go to get 'em. A non- FFL may ship to an FFL, if the receiving FFL agrees to do so. I had the same situation with my dads guns when he passed, and I drove to TX and got 'em.... made a vacation out of it.

It's your call.......

I would agree with Jay good sound advice, Better to be on the safe side have him ship to an FFL from an FFL or go get them yourself, Hope this helps.

 

[redhawk44]

I was going to agree with you, Jay, right up to that last sentence.

Note that the last sentence says "should" not open the package. It does not say "shall" not.

Whenever a regulation has teeth in it, the word is "shall".

My question would be....what happens if you open the package anyway?

Call ATF and ask them.