Can anyone verify this?

1018 Views 4 Replies 2 Participants Last post by dteed4094, Jan 14, 2013

dteed4094

Discussion Starter · Jan 13, 2013

Is this saying I can accept or send a rifle by mail from or to anyone not prohibited in my state of Pa.?? Is it accurate??

FROM THE BATFE:
May a nonlicensee ship a firearm by common or contract carrier?

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]

May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another
State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own
State or to a licensee in any State. The Postal Service recommends that long
guns be sent by registered mail and that no marking of any kind which would
indicate the nature of the contents be placed on the outside of any parcel
containing firearms. Handguns are not mailable. A common or contract carrier
must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

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c3shooter

· #2 · Jan 13, 2013

2 different things here- are you a FFL or not?

A FFL may transfer ownership to a non-FFL ONLY at their licensed premises, or at a gunshow in their own state.

A non-FFL can transfer ownership of a rifle, shotgun or handgun to a FFL in any state, OR to another resident of his home state.

say you live in Cranberry Twp, I like in State College. We are BOTH residents of PA. You can MAIL me an unloaded rifle or shotgun by US Mail so long as you do not have reason to believe that I cannot legally own a gun.

That is Federal law, and state law is not more stringent. HOWEVER- for a HANDGUN in PENNSYLVANIA ONLY- sale by a private citizen to another private citizen of PA- "Any individual or dealer selling a handgun is required to sell or transfer it at the place of business of a licensed dealer or county sheriff’s office."

You cannot MAIL a handgun in the US Mail unless you are licensed as a Dealer or Manufacturer. You CAN mail a rifle or shotgun. If shipping a handgun, it must be by UPS or Fedex, and THEY require Next day Air ($$$

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dteed4094

Discussion Starter · #3 · Jan 14, 2013

Thanks C3,

say you live in Cranberry Twp, I like in State College. We are BOTH residents of PA. You can MAIL me an unloaded rifle or shotgun by US Mail so long as you do not have reason to believe that I cannot legally own a gun.

This is the part I have always been misinformed about. I've passed up a lot o good deals in Pa. because dealer fees would make them ok deals.

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c3shooter

· #4 · Jan 14, 2013

Now, if you ARE a FFL. the recipient must appear at your premises- but a non-ffl can transfer within their own state without a FFL.

There are two circumstances (rare) that are exceptions. One is inheritance- the executor of an estate can send a bequeathed gun across a state line to the recipient without a ffl- as long as the recipient can own the gun there. (18 US Code 922)

The other applies to a buyer that cannot appear at the licensed premises- think remote parts of Alaska.
(c) In any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee’s business premises (other than another licensed importer, manufacturer, or dealer) only if—
(1) the transferee submits to the transferor a sworn statement in the following form:
“Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are XXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Signature XXXXXXXXX Date XXXX.”
and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance;
(2) the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (return receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Attorney General, to the chief law enforcement officer of the transferee’s place of residence, and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with United States Post Office Department regulations; and
(3) the transferor has delayed shipment or delivery for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement.
A copy of the sworn statement and a copy of the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 923 (g).

Those 2 are so rare that most dealers do not know they exist.

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dteed4094

Discussion Starter · #5 · Jan 14, 2013

Hope there isn't a test later. Not being a liscensed dealer in Pa. I was most concerned about purchasing and receiving said purchase in the mail by a seller in Pa.
The sad part is, this will probably all change shortly when the Libs get there way. Thanks again c3.

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