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Gray Area - Non-FFL shipping thru USPS
makindu
Member Posts: 382 ✭✭✭
Please stick to the USPS Mailing Regulations. Please DON'T INVOLVE LOCAL LAWS/REGULATIONS when answering. Thanks
I have a Browning BPS receiver, complete with working trigger assembly and magazine tube that I wish to ship to an out-of-state FFL dealer. Since it is less than 26 inches and can easily be hidden on a person, the USPS considers this a handgun (per my interpretation). So in it's current configuration (above pic), it must be shipped by a FFL dealer per USPS Regulations, Correct?
Next question: If I add a stock, it will easily extend beyond the minimum 26 inch requirement, would no longer be concealable per the postal regulations, but would not have a barrel attached. Can I legally ship this to an out-of-state FFL dealer?
Here are the actual USPS Regulations:
43 Firearms
431 Definitions
431.1 Firearm
A firearm is defined as any device (including a starter gun) that is designed, or may readily be converted, to expel a projectile by an explosion, a spring, or other mechanical action, or by air or gas pressure with sufficient force to be used as a weapon.
431.2 Handgun
Pistols, revolvers, and other firearms capable of being concealed on the person (for example, short-barreled shotguns and short-barreled rifles) are defined as handguns. The following definitions apply:
a. Pistol or Revolver. A pistol or revolver is a handgun designed to be fired by the use of a single hand.
b. Short-Barreled Rifle. A rifle having one or more barrels less than 16 inches long is defined as a short-barreled rifle. This includes any weapon made from a rifle (by alteration or modification) resulting in an overall length of less than 26 inches.
c. Short-Barreled Shotgun. A shotgun having one or more barrels less than 18 inches long is defined as a short-barreled shotgun. This includes any weapon made from a shotgun (by alteration or modification) resulting in an overall length of less than 26 inches.
431.3 Antique Firearm
An antique firearm (including one with a matchlock, flintlock, percussion cap, or similar type of ignition system) is any firearm manufactured in or before 1898, or a replica of such a firearm, that meets either of the following conditions:
a. It is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
b. It uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available through commercial trade channels.
431.4 Rifles and Shotguns
A rifle is a shoulder weapon having a barrel that is 16 inches or more in length. A shotgun is a shoulder weapon having a barrel that is 18 inches or more in length. Rifles and shotguns have an overall length of 26 inches or greater and cannot be concealed on a person.
431.5 Licensed Manufacturer or Licensed Dealer
A manufacturer of firearms or a bona fide dealer in firearms is one duly licensed by the Bureau of Alcohol, Tobacco, and Firearms (ATF), U.S. Department of the Treasury, under the Gun Control Act of 1968.
AND
432 Mailability
432.1 General
The following conditions apply:
Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as "handguns") are nonmailable in the domestic mail, except as permitted in Exhibit 432.1 and DMM 601.11.1.
The disassembled parts of a handgun or other type of nonmailable firearm that can be readily reassembled as a weapon are nonmailable, except as permitted in Exhibit 432.1 and DMM 601.11.1 or 601.11.2.
Unloaded antique firearms sent as curios or museum pieces are generally permitted, as specified in Exhibit 432.1 and DMM 601.11.2.
Unloaded rifles and shotguns may be mailed if the mailer fully complies with the Gun Control Act of 1968 (Public Law 90-618) and
18 U.S.C. 921. The mailer may be required to establish, by opening the parcel or by written certification, that the gun is unloaded and not excluded from mailing because of the restrictions in 432.1b and c.
Exhibit 432.1
Mailability Requirements for Firearms
Unloaded Handgun
Handguns - e.g., pistols, revolvers, and other firearms capable of being concealed on the person - are nonmailable UNLESS mailed by a licensed manufacturer of firearms, or a licensed dealer of firearms, or an authorized agent of the federal government or government of a state, territory, or district, and ONLY when addressed to a person in one of the following categories for use in the person's official duties AND upon filing the required affidavit or certificate, as applicable (see DMM 601.11.1.3-7):
Addressee: Officer of Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the commanding officer.
Addressee: Officer of National Guard or militia of a state, territory, or district.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the commanding officer.
Addressee: Officer of the federal government or a state, district, or territory whose official duty is to serve warrants of arrest or commitment.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
Addressee: Postal Service employees specifically authorized by the Chief Postal Inspector.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
Addressee: Officer or employee of a U.S. enforcement agency.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
Addressee: Watchman engaged in guarding federal, state, district, or territory property.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by chief clerk of department, bureau, or independent branch of the government agency employing the addressee.
Addressee: Purchasing agent or other designated member of an enforcement agency employing officers and personnel included in c, d, or e above.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of agency stating the firearm is to be used by an officer or employee cited in c, d, or e above.
Addressee: Licensed manufacturers and dealers of firearms.
Affidavit or Certificate Requirements: Signed statement on PS Form 1508, Statement by Shipper of Firearms.
The mailer must be a licensed manufacturer or dealer mailing to another licensed manufacturer or dealer.
Handguns may be mailed without regard to the requirements noted in items a-h if the addressee is the FBI (or its Director) or a scientific lab or crime detection bureau of any agency whose members are federal law enforcement officers, or state, district, or territory officers authorized to serve warrants of arrest or commitment.
Manufacturers or dealers must complete PS Form 1508, Statement by Shipper of Firearms, and file with the postmaster.
Postmasters may forward an unsatisfactory mailer statement to their PCSC for a ruling.
Unloaded Rifle or Shotgun
Short-barreled rifles or shotguns that can be concealed on the person are nonmailable.
The mailer must comply with the Gun Control Act of 1968 and with state and local laws.
The Postal Service may require the mailer to open the parcel or give written certification that the weapon is unloaded and not concealable.
Registered Mail service is recommended.
Unloaded Antique Firearm
Unloaded antique firearms sent as curios or museum pieces are acceptable for mailing.
432.2 PS Form 1508
PS Form 1508, Statement by Shipper of Firearms, must be completed by each firearm manufacturer or dealer who deposits firearms for mailing. The form must be filed with the postmaster of the post office of mailing.
432.3 Packaging and Marking
No markings of any kind that indicate the nature of the contents may be placed on the outside wrapper or container of any mailpiece containing firearms. Mailable matter must be properly and securely packaged within the general packaging requirements in DMM 601.1-8.
Comments
You are right, local regulations are not relevant. However, GCA68 is the federal law which DOES apply. You have a shotgun receiver; the length, with or without the tubular magazine, is irrelevant. A long gun (rifle or shotgun) receiver can be shipped via USPS, & the same regulations & laws apply as for a complete long gun. The addition of a butt stock is also irrelevant. You, a nonlicensee, can lawfully ship it to an FFL in any state, it does not need to be shipped by an FFL.
You only need to pack it well, make sure nothing on the box indicates that the contents is a firearm, & you must truthfully answer the "4 questions". That's it. Recommended shipping method is Priority Mail, insured, signature required.
Whatever you do, don't ask a postal clerk if something concerning firearms is legal or not. They are specifically prohibited by postal regulations from interpreting firearms laws.
Neal
You can ship this USPS, no problem. Even though what you have is "the firearm" it's not in it's complete form like a pistol or SBR. Shipping these via USPS should not be a problem.