When i was young(er) and dumb

Discussion in 'General Shotgun Discussion' started by azcowboy94, Jul 8, 2013.

  1. azcowboy94

    azcowboy94 New Member

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    I thought it was ok to ship guns from private residence to private residence no problem (i had no clue about fed gun laws). I sent a shotgun from Az to NY, cause i was stupid and thought it would be smart. Now I want it back (its almost dove season). What's the best way to get it back? It's not registered in any state, and I don't want to register it. Would it be best to just fed ex it back down here (Az) or should i bring it down in my checked baggage the next time i fly up there?
     
  2. azcowboy94

    azcowboy94 New Member

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    To add to this, im d enough (now) to own/possess it, and got it when I was 14. My folks were scared of guns at the time so i sent it to the only family i have that didnt care.
     

  3. Virginian

    Virginian Active Member

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    If it isn't registered, is it legal? Did you buy it from a private individual? If it was bought from a dealer since 1968, it is registered in the system somewhere. As long as it is a legal firearm, you can have it shipped to an FFL holder near you, there is a list on GunBroker. Or you could bring it back in checked luggage.
     
  4. txpossum

    txpossum New Member

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    DO NOT have it shipped to you, unless you have an FFL. The feds do not have a sense of humor about violations of federal firearms laws. I'm having a rifle I bought long distance shipped to me FFL to FFL right now -- I really hated to do it, but I am not going to spend a couple of years in Club Fed and loose my right to own guns over something so relatively minor. You can usually fly back with a firearm, but you have to declarle it to the airline, have it in a lockable, hard case, and without ammo. Call the specific airline for their requirements.

    Sure, you might get away with it -- but imo the risk is not worth it.
     
  5. c3shooter

    c3shooter Administrator Staff Member

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    First, there is no such thing as registration of ordinary firearms at Federal level. Happens to be against the law. When buying a gun FROM A FFL HOLDER, they must retain a record of the sale. That means at their premises. For 20 years.

    Now- to the question posed by the OP- You are in state A, gun is in state B. YOU could mail (yes, I said Mail- US Mail) the shotgun to yourself. Perfectly legal, is not a transfer of ownership. However, if you have someone else mail it, or send it UPS, you are getting into a dark gray area. That could be considered transfer of ownership- which must go TO a FFL holder in the receiving state.

    Or next time you are there, you could pick up YOUR gun that you LEFT there, and bring it back. Go to the TSA and your airline's web sites for info on transporting a firearm in your checked baggage.
     
  6. txpossum

    txpossum New Member

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    You know, I never thought about the issue of mailing it to yourself not being a transfer of ownership -- the issue has never come up with me. But I'd want paperwork to show that it WAS my own gun -- these days the burden of proof has pretty much shifted to the individual to prove their innocence, rather than the government having to prove guilt.
     
    Last edited: Jul 9, 2013
  7. JTJ

    JTJ Well-Known Member Supporter

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    He is talking about New York. I would not try taking a pea shooter to the airport in New York. While it may be legal in the eyes of the Fed, it is probably not legal in the eyes of the NY Gestapo. If he is in NY he could then ship it to himself in AZ if he can get it to the post office or UPS without being arrested. The NY gun laws are ridiculous and the gun may not even be legally possessed by the people that have it.
     
  8. c3shooter

    c3shooter Administrator Staff Member

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  9. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    the reciever whether the other parts are attached or not is still considered a firearm by the BATF. if you ship a reciever to be barreled, it has to go to an FFL for it to be legal.
     
  10. azcowboy94

    azcowboy94 New Member

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    It's always been my gun, just not in my possession. From what I understand there's no gun registry in Az so no it's not registered to me. It's not registered in NY either because im not an NY resident. Ownership of it has only ever occurred once when I bought it from a private individual (about 5 years ago). So I think ill just mail it to myself. Thanks for the help!
     
  11. Missouribound

    Missouribound Active Member

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    There is nothing prohibititing a person sending their own gun to themselves in another state. It's not a transfer, it's not a sale...it's merely shipping a private possession to yourself, "in care of" the addressee.
     
  12. c3shooter

    c3shooter Administrator Staff Member

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    Archametes- what Axxe said is correct. NOTHING in Federal law refers to a functioning firearm. Legally, the receiver IS the gun- everything else is just parts. I can mail the the barrel, cylinder, grips, hammer, trigger and springs of a revolver- quite legally. But the frame (receiver) is a gun, and short of cutting it up with a torch, or melting it into a puddle, nothing changes that.
     
  13. Virginian

    Virginian Active Member

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    Sorry, I mis spoke. By 'registered', I meant that there is a Form 4473 on it somewhere if it was sold since 1968.
     
  14. ctshooter

    ctshooter New Member

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    Try saying that with a stripped lower and see what the Feds have to say!
     
  15. Missouribound

    Missouribound Active Member

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    I don't think you mis spoke at all. When a gun is sold, the serial number appears on the 4473 along with the name of the purchaser. The FFL dealer who sold the gun has to keep those records indefinetely, in case the BATF should need to review that dealers records. To me, that is registering.
     
  16. 308Wins

    308Wins New Member

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    Registration...? Legal?!
    WTF?!?!?!
     
  17. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

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    The fact that it is being shipped through a carrier in interstate transfer, you basically falls under the carrier's guidelines and the fact that it is across state lines means it falls under federal jurisdiction and therefore interstate Commerce Commission, BATFE and any other fed agency can get involved.

    FWIW, My wife suggested breaking up the gun, shipping all the parts sans receiver, then carry receiver back on airline. Still mist be in locked box, but an ammo can would more than handle it and you wouldn't be charged the oversize up charge that normally goes with long rifle cases. Also, TSA wouldn't be up-in-arms about a weapon on the plane, as it is only a partial with no other pieces to assemble.
     
    Last edited: Jul 10, 2013
  18. Virginian

    Virginian Active Member

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    Legal as in "not stolen".
     
  19. azcowboy94

    azcowboy94 New Member

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    No it's not stolen. If it was would i (or the gentleman i bought it from) admit it?
     
  20. Missouribound

    Missouribound Active Member

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