FFL Required or Not ??

[Cookiemann]

I know you don't need to ship a receiver through a FFL when you send it to the factory to have a barrel fitted.  What if you are sending a receiver and a barrel to a gunsmith or private party to have the barrel and receiver fitted to each other.  Must it be shipped FFL to FFL?

cookiemann

[Critter]

If your shipping to an FFL for work to be done on your gun and then the gun is going to be returned to you then no you don't need to ship through an FFL.  If the gun is going to a private party then it has to be shipped to an FFL.

[MSP Ret]

Good question, You do not need an FFL to ship the gun to either the factory or a licensed gunsmith for repair as long as the gun is going to be returned to you. I once had a manufacturer return me a newer gun with different numbers on it!! The question regarding sending the reciever/gun to another person or friend, a so called "backyard" or "shade tree" gunsmith for repair, barrel fitting, reblue, trigger adjustment/fitting etc. with the intention of having it returned to you is a very interesting query since intent is such an integral part of our laws. I think it may be addressed somewhere in the laws, it would be nice if it could be located and was clearly stated....<><....  

[quickdtoo]

You can find all your answers at the ATF's web site, also check the NRA's web site that has state firearms laws.

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]


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)]

(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]


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.

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

http://www.nraila.org/GunLaws/

Another "Handi" tool is the ATF's Ezcheck web site, just plug in the first 3 and last 5 digits of the FFL number from the recieving dealer and you can verify their name, address and if their license it valid.

https://www.atfonline.gov/fflezcheck/

Another tool is Gunbroker's and AuctionArms FFL locator, plug your zip code in and you get a list in the area you select. Contact the dealer and verify their fee and whether they are willing to transfer for ya.

http://www.gunbroker.com/User/DealerNetwork.asp

http://www.auctionarms.com/help/fflnetwork.cfm

Tim

[hardertr]

SO, according to this:

I can buy a gun from another Texas resident, and have it mailed/UPS-ed/FedEx-ed directly to me.  No FFL transfer required?

If I buy it from an FFL licensed person/business EVEN IN TEXAS, I have to have it sent to a local FFL?

[quickdtoo]

Transactions made by licensed dealers are listed down the page at the web site, they're required to complete a 4473 for any transaction just as the recieving FFL would for a transfer between individuals in 2 different states. A face to face or shipped transaction between 2 unlicensed individual residents of the same state does not require FFL involvement unless it's a handgun being shipped.

Those rules listed in my previous post apply to non-licensed sellers/buyers. And as I mentioned before, check state and local laws, a good example of this is California which has more stringent regs than the ATF, even some cities like NYC have more stringent regs, so be sure to check those out so ya don't get into trouble.

If you have any questions, be advised to check with the ATF for help at one of their field offices.

Tim

http://www.atf.gov/field/index.htm

http://www.atf.gov/firearms/faq/

B. UNLICENSED PERSONS


(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

[Cookiemann]

Thanks for all the input.  Very helpful and it answered my questions.  Once again, you ALL came thru.

cookiemann

[slayer]

Here in Pennsylvania, you can ship guns within the state without an FFL trhu USPS. I have done it many times. Jack.