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In state sale

BillSoTxBillSoTx Member Posts: 86 ✭✭
edited June 2011 in Ask the Experts
If you make a sale of a firearm in your own state, i.e. to another person in your own state, that is to a resident of your own state, who has proper ID and a CHL to substantiate said residency, do you need to make the sale thru an FFL?

I'm asking about doing said sale/transfer thru some sort of carrier, not a person to person sale. What's the best carrier to use: USPS, UPS, FedEx?

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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    State laws are all over the place on this but under federal law an FFL is not required for the shipping and receiving of firearms between residents of the same state if the gun is transferred inside that state.
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    Spider7115Spider7115 Member, Moderator Posts: 29,714 ******
    edited November -1
    Most states allow in-state shipments of longarms to non-licensees but handguns must be shipped to an FFL.
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    rufe-snowrufe-snow Member Posts: 18,650 ✭✭✭
    edited November -1
    quote:Originally posted by BillSoTx

    I'm asking about doing said sale/transfer thru some sort of carrier, not a person to person sale. What's the best carrier to use: USPS, UPS, FedEx?




    Non federal licensee is not allowed to use the USPS to ship handguns, longguns OK though. UPS & FEDEX have very strict regulations on the shipment of all firearms. Quite expensive because priority overnight shipment is required, also your legally required to notify them that your shipping a firearm.

    If the person is in the same State driving to meet him halfway, might be a better option.
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    Hawk CarseHawk Carse Member Posts: 4,369 ✭✭✭
    edited November -1
    Agreed.
    Just because Federal law says you may ship a gun in state does not mean you will be able to find a carrier willing to haul it.
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    andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    quote:Originally posted by Spider7115
    Most states allow in-state shipments of longarms to non-licensees but handguns must be shipped to an FFL.


    Not true in all jurisdictions. That varies by state. In NV it doesn't matter whether it is a handgun or a longgun. Sales within the state can be done without involving an FFL. Shipping to a buyer out of state definitely requires shipping to an FFL.

    Check the laws in YOUR jurisdiction. Unfortunately, there is no standardization.
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    dogtown tomdogtown tom Member Posts: 170 ✭✭✭
    edited November -1
    quote:Originally posted by Spider7115
    Most states allow in-state shipments of longarms to non-licensees but handguns must be shipped to an FFL.

    Not true. Very few states restrict firearm shipments (including handguns)

    A nonlicensee cannot use USPS to mail a handgun, but must use a common carrier, such as UPS or FedEx, to ship. The problems are:
    1. FedEx will not deliver to a nonlicensee period.
    2. UPS has strict requirements on where you ship from.


    FedEx Firearms policies http://fedex.com/us/service-guide/terms/index.html
    UPS Firearms policies http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html?srch_pos=3&srch_phr=handgun
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    andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    The loophole is that federal LAW does NOT require you to DECLARE the contents of an in-state shipment to UPS or FedEx. It is not law, but company policy that says you have to tell them it is a gun. If you should choose to NOT tell them (MANY shippers that have posted here make that very choice) and just ship a plain brown well-wrapped box by the less expensive Ground Shipment option to the buyer in-state you will NOT have broken any law, but you will have violated their company policy, if that keeps you awake at night.
    The risk lies in that IF it is lost or damaged you would probably face stiff resistance trying to collect from the carrier. But that is probably a moot point as they ALWAYS dispute claims by simply stating YOU packed it poorly or marked the address illegibly, so you are to blame for the damage/loss and they refuse to pay. If you are willing to accept that possibility, or you have your own insurance coverage, go ahead and ship the "box" inexpensively by Ground. I always well wrap and pad mine and make sure the address is large and legible. They have never lost one yet.

    You make the choice. [:)]
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    NOAHNOAH Member Posts: 9,690
    edited November -1
    good job[;)]quote:Originally posted by andrewsw16
    The loophole is that federal LAW does NOT require you to DECLARE the contents of an in-state shipment to UPS or FedEx. It is not law, but company policy that says you have to tell them it is a gun. If you should choose to NOT tell them (MANY shippers that have posted here make that very choice) and just ship a plain brown well-wrapped box by the less expensive Ground Shipment option to the buyer in-state you will NOT have broken any law, but you will have violated their company policy, if that keeps you awake at night.
    The risk lies in that IF it is lost or damaged you would probably face stiff resistance trying to collect from the carrier. But that is probably a moot point as they ALWAYS dispute claims by simply stating YOU packed it poorly or marked the address illegibly, so you are to blame for the damage/loss and they refuse to pay. If you are willing to accept that possibility, or you have your own insurance coverage, go ahead and ship the "box" inexpensively by Ground. I always well wrap and pad mine and make sure the address is large and legible. They have never lost one yet.

    You make the choice. [:)]
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