.

shipping firearm....?

backfire56backfire56 Member Posts: 3 ✭✭
edited September 2006 in Ask the Experts
I have a remington model 61 with serial number 14571X. I'm not an FFL. Prospective buyer is asking if gun can be shipped direct. Has asked about C&R -50 yrs old and FFL might need to be involved. Can someone advise me as to what the law says? thanks, Tom.

Comments

  • ClarentaviousClarentavious Member Posts: 800 ✭✭✭✭
    edited November -1
    It depends on what state and city you live in. States like NY and California have alot of tight gun control laws, some of which I'm sure affect shipping and private sales. If you live in a state with a state preemption law, you don't need to worry about any county or municipal ordinances. If your state doesn't, you'll have to research both state and city laws.

    Now... the deal with federal law is this. Any gun that is being shipped to a state other than your own MUST be sent to an FFL - bare none unless you are law enforcement, military, or other government agency. However, if you live in Florida, and want to ship to someone else that lives in Florida, that would probably be legal.

    There's a firearms shipping guide on the gunbroker.com main site. You can also check www.atf.gov But federal law is easy to find and pretty simple to understand. State and local laws are another story.

    Also, if you want to comply with regulations of most shipping carriers, I believe they go like this... But, carriers policies are not actual laws - which means if you obey the law and break their rules, you won't get arrested. With the post office, you have to be an FFL to send a handgun - which must go by Express Mail or Priority. FedEx requires all firearms to go by Overnight shipping. UPS allows long guns to be shipped by ground, but handguns must be sent next day air.
  • 11b6r11b6r Member Posts: 16,725
    edited November -1
    IF a given firearm is 50 years old, or older, then it is a Curio & Relic firearm- which means a C&R FFL (also called an 03 FFL) is adequate. Not that that MAKE and MODEL are 50 yrs old, but THAT gun. A Marlin 39A made 51 yrs ago falls under C&R, the same rifle, made 49 yrs ago, does not.
  • rufe-snowrufe-snow Member Posts: 18,524 ✭✭✭
    edited November -1
    "WINCHESTER" Model 61 with a serial number in the 145,71X range dates to the early 1950's according to my reference. This would make it a Curio & Relic as far as the Feds are concerned. You could send it to the buyer through the USPS directly, if he has a C & R License. You would "NOT" have to send it through a 01 FFL as long as the local laws where he lives, permits this. Some States and Cities don't recognize the 03 C & R license and require firearms be sent through 01 FFL licensee.
  • nmyersnmyers Member Posts: 16,372 ✭✭✭
    edited November -1
    And, to determine that, you will have to look it up in State Laws and Published Ordinances - Firearms (ATF P5300.5).

    Neal
  • backfire56backfire56 Member Posts: 3 ✭✭
    edited November -1
    Thanks Guys, appreciate the quick response and info!
  • ClarentaviousClarentavious Member Posts: 800 ✭✭✭✭
    edited November -1
    I thought the C&R only applied to antiques made in late 1800's or prior?
  • rufe-snowrufe-snow Member Posts: 18,524 ✭✭✭
    edited November -1
    quote:Originally posted by Clarentavious
    I thought the C&R only applied to antiques made in late 1800's or prior?



    C & R firearms are all firearms in FACTORY ORIGINAL condition, 50 years old and older. Also any firearm judged by the BATF to be a Curios & Relic no matter what the age. Go to the BATF web-site they have a list of all firearms that they have decided are C & R's.
  • 1KYDSTR1KYDSTR Member Posts: 2,357 ✭✭
    edited November -1
    Nope. It states inthe rules and regulations that any non tax stamp gun 50 years old or older, or of a particulatly collectible nature AND on the recognized ATF C&R list, can be shipped to an 03 FFL W/O using an 01 FFL. While they are geting away with it, I am pretty peeved about the whole C&R license not being "valid". Who the hell are they (the Bozo's that run that commie stronghold) toi determine federal statute is null and void? I thought we fought one war (you know, the "recent unpleasantness" )over that kind of crap already! I think we should give California back to the Spanish seeings as they were pretty supportive after 9-11. At least they would not have to change the language of the land?! But I digress.

    I would check the ATF C&R list and or call your closest field office to get a valid determination. Best of luck.
  • dfletcherdfletcher Member Posts: 8,084 ✭✭✭
    edited November -1
    Guns made prior to 1899 are not considered a firearm by federal law (state & local may differ) and may be shipped to a non-FFL holder as opposed to a gun that is considered a Curio & Relic & must be shipped to a C & R FFL holder or dealer.

    Although the federal "50 or older" rule is applicable in general there are many exceptions and the best way to determine if your specific gun is a C & R is to check the ATF website. There are many guns under 50 yr old guns listed as C & R eligible - some T/C Contenders, Colts & Winchesters, some Ishapore Enfields, etc.

    I have a C & R FFL & the list of what you can receive is quite interesting. http://www.atf.gov/firearms/curios/index.htm

    If you ship a gun to a C & R FFL holder, you should check 1st to ensure it can be received by him in his state. I'm in CA & have a C & R FFL. If I asked you to ship me a C & R handgun would you know whether or not I can receive it in CA? What about a MAS 49/56 rifle? In each case the answer is no, but most out of state people would not know that even C & R handguns must go through a dealer and the MAS(due to the grenade launcher)is considered an assault rifle. Are the CA authorities going to come after you? I doubt it, but for the sake of a few bucks why bother? I'd go through the FFL dealer.

    FYI - I don't see the Remington 61 on the C & R list.
  • Jake007Jake007 Member Posts: 8 ✭✭
    edited November -1
    Be careful on this one. I worry about someone that doesn't want the 4473 (NICS CHECK) done. If you got this gun through an FFL, it can be tracked back to you. So, be careful who you ship this gun to. Best advise, like most on broker, if it is going out of state, it must be through an FFL.
Sign In or Register to comment.