Shipping Handgun

Gun, shooting and equipment discussions unrelated to CHL issues

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ghentry
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Shipping Handgun

#1

Post by ghentry »

Hypothetical question here:

If you were to take a handgun to FedEx or UPS to ship it back to the manufacturer and you told them it was parts so you could ship it Ground vs. Overnight, what could be the consequences?
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jbirds1210
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#2

Post by jbirds1210 »

I told them it was parts and they asked me......parts of what.
I told them that it was handgun components and they asked me....do those components added up to a whole gun.
I told them that I left the firing pin at home and they told me that it was still a gun and that it must be shipped next day air.
I hope that you have better luck......I would hate for something to sniff out your weapon in shipping and become a range toy of some postal inspector!
Good luck.
Jason
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KBCraig
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#3

Post by KBCraig »

The difference in shipping is only $10-12. Is that worth a felony charge?

Yes, it's annoying that they force you to ship overnight or next day air because they can't stop their employees from stealing guns. But given the possible penalties involved, I'll eat the cost.

Kevin

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ghentry
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#4

Post by ghentry »

So you are saying it's a felony not declaring it to FedEx or UPS? I'm not talking about USPS.

KBCraig
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#5

Post by KBCraig »

http://www.atf.gov/firearms/faq/faq2.htm#b9

A nonlicensee may ship a firearm by 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) and 922( e), 27 CFR 178.31]



Taking a look at 18 USC 924, which provides the penalties for Chapter 44, we find:

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 924. Penalties

-STATUTE-
(a)(1) Except as otherwise provided in this subsection,
subsection (b), (c), or (f) of this section, or in section 929,
whoever -
(A) knowingly makes any false statement or representation with
respect to the information required by this chapter to be kept in
the records of a person licensed under this chapter or in
applying for any license or exemption or relief from disability
under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), (r), (v),
or (w) of section 922;
(C) knowingly imports or brings into the United States or any
possession thereof any firearm or ammunition in violation of
section 922(l); or
(D) willfully violates any other provision of this chapter,

shall be fined under this title, imprisoned not more than five
years, or both.

18 USC 924(a)(1)(D) is the catch-all. If you "willfully violate" any provision of Chapter 44 (which includes 18 USC 922(a)(1)(A)), you're subject to up to five years imprisonment.

And that's a felony.

Kevin

HT
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#6

Post by HT »

The reason they want you to ship overnight is for your protection. It spends less time at the terminals. I heard of horror stories from former UPS employees about theft. It's nasty.
I would go ahead and follow their shipping guidelines. If they are just "parts" and the box gets lost or stolen, you're SOL. You can't claim a loss on it. You didn't abide by their guidelines....
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carlson1
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#7

Post by carlson1 »

QUESTION!
Can you ship a handgun from private party to private party within Texas? Of course using Fed Ex, and UPS. I understand you can ship longuns from non FFL to non FFL, but I am curious about a handgun.
Thanks

KBCraig
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#8

Post by KBCraig »

carlson1 wrote:QUESTION!
Can you ship a handgun from private party to private party within Texas? Of course using Fed Ex, and UPS. I understand you can ship longuns from non FFL to non FFL, but I am curious about a handgun.
Thanks
Legally, yes. Practically? Good luck getting a carrier to accept the shipment.

Kevin

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ghentry
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#9

Post by ghentry »

Thanks for all of the replies. I was planning on shipping it overnight and declaring it, but I had a mfg. rep last night tell me to tell them it was parts and send them ground. I didn't think it was the way to go, but I wanted to see what everyone else's take was on it.

Thanks Again.

DiverDn
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#10

Post by DiverDn »

I just sent a 1911 back to Springfield and had to take it to the UPS hub. The UPS stores would not ship it.

I am sure that I could have gotten away with shipping it ground and "technically" declaring it.

When I took it into the hub the young lady behind the counter had me go to a self service computer and fill out all the shipping information. On the computer I put the description of the contects as a firearm. After I was done putting everything into the computer I took the box to her and she asked me how I wanted to ship it, ground or a faster delivery method. I told her it was a firearm. She asked me again how I wanted to ship it and I answered that it is a firearm and I was under the impression that it had to go overnight. She just gave me a blank look and put it into her system for overnight.

My thoughts are that technically once I put that it was a firearm in the computer system, I had declared it as such. And if she would have followed through with shipping it ground it would have been on UPS to prove that I had not declared it.

I know that this doesn’t answer your question but it was something that happened to me very recently that I thought I would share.

btw - Springield said that they would reimburse me for the shipping cost so I wasn't worried that it was $65 to ship overnight.

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#11

Post by KBCraig »

ghentry wrote:Thanks for all of the replies. I was planning on shipping it overnight and declaring it, but I had a mfg. rep last night tell me to tell them it was parts and send them ground. I didn't think it was the way to go, but I wanted to see what everyone else's take was on it.

Thanks Again.
That rep will probably want to run that by his legal department. The company, as a licensee, is at risk shipping or receiving firearms improperly.

Now, one thing to remember in all this: it's the "firearm", the serial numbered receiver, that counts. Lots of work can be done on things that legally are, and can be shipped as, "just parts". For instance, if you're having sights installed, you only need to ship the slide.

The bare receiver, completely stripped of all parts, is still a firearm. All the other parts, absent the receiver, are not.

Welcome to the whacky world of firearms law.

Kevin

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ghentry
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#12

Post by ghentry »

$65... Ouch! :shock:

I sure hope I don't have to spend that much to get it fixed.

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#13

Post by DiverDn »

ghentry wrote:$65... Ouch! :shock:

I sure hope I don't have to spend that much to get it fixed.
I'm going to go to Fed Ex next time to see if it's cheaper. Which will be soon, I have to send a KelTec P3AT back. I've tried all the tricks and I still cannot get it to work consistantly.
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jimlongley
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#14

Post by jimlongley »

A couple of years ago I shipped a handgun via USPS. I put some parts in one package, and others in a second. It did not cost very much to ship, and all I had to do was declare it to the postal person at the counter. All she did was ask if the parts were enough to put together a "whole gun" which I assured her was not the case. I informed her that the receiver with the serial number was considered a firearm by BATF, and she said that made no difference under postal service rules. I accepted her explanation and the gun arrived where it was going safely, even if in two boxes.
Real gun control, carrying 24/7/365

JB3
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#15

Post by JB3 »

I finally got my little mouse gun (PT-22) shipped today. It cost me $38. and change. I sent it UPS because the hub is right by sports plex in L C. I guess now I'll see how good Taurus service is. john :roll:
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