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Shipping Handgun Frame ?

BarrockyBarrocky Member Posts: 74 ✭✭
edited June 2003 in Ask the Experts
Is it legal for a non FFL to ship a modern handgun frame directly to an individual with no FFL involved? I always thought a modern frame was classified as a gun and subject to the normal FFL rules. An acquaintance has a damaged frame that is cracked(not cut up). He said he called the local BATF office and was told he could send it to anyone, anywhere in the USA with no FFL on either end. I'm aware of the BATF website,just wanted a quick answer from someone who may know for sure. Thanks
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Comments

  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    AS long as it is just a frame it is not a fireable pistol and thus is just a gun part. It is the action that requires the ffl for transfers.

    My heros have always killed cowboys.
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  • JIM STARKJIM STARK Member Posts: 1,152 ✭✭✭
    edited November -1
    In the case you stated above...The sender will violate the federal law... the recipient can't "control" what is shipped to him so I'm not sure about him, But for sure the sender is placing himself in a dangerous situation....He could wind up being "Big Bubba"s" Roommate for a period of time..long enough for them to fall in love maybe???

    Just saw the last post when mine went up.... Sir the "action" that is the firearm on a long gun is the frame on a semi=auto pistolor revolver.... I've shipped enough of them to know for sure...
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  • BarrockyBarrocky Member Posts: 74 ✭✭
    edited November -1
    Jim,
    Yes,that is exactly what I thought. I'm thinking the BATF agent he spoke with is in error. Pretty darn sure you may send about any other part EXCEPT the frame of a modern handgun with no FFL. I'm not even sure if it's legal if the frame is cut up in little pieces,this one isn't.

    If this was my own deal,I'd go to the BATF website,get a headache,and find out for sure. Better to be safe than very sorry. Thought some of you who ship guns all the time would know right off the top ...I'm lazy today. Thanks ...Jeff
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  • RancheroPaulRancheroPaul Member Posts: 1,459 ✭✭✭✭✭
    edited November -1
    If the "frame" has a serial number, it is a gun......FFL Required unless shipped back to the Factory that made it for repair/warranty work. To "transfer" it to someone else out of state would be a Federal problem.....and could be also in State depending on the State's laws.

    "Life is FRAGILE!" Handle With Care!
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  • mpolansmpolans Member Posts: 1,752 ✭✭✭✭✭
    edited November -1
    He Dog is VERY WRONG!!!

    First off, when the penalties can get you 5-10 years in the federal pen and virtually guaranteed disqualification from firearms possession for life, seeking legal info on the web isn't a good idea. Second, I am not an attorney, so this is not a legal opinion, nor should it be considered one, nor is it a statement of law. This information is not to be relied on in any way, shape or form. For better understanding, forget the BATF website; it's hard to navigate, virtually useless, and the info contained therein is subject to change, so it won't necessarily save your butt in court; go find a competent attorney licensed to practice in your state.

    Title 18, Section 921(a)(3) defines firearm as "(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to aexpel projectile by the action of an explosive; (B) the frame or receiver of any such weapon..."

    Title 18, Section 922(a)(2)(A) contains an exception to the general rule that only an FFL can SHIP a firearm; it states, ". . . and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    Title 18, Section 922(a)(3) states, "It shall be unlawful for any person OTHER THAN A LICENSED . . . DEALER to transport into or RECEIVE in the State where he resides . . . any FIREARM purchased or otherwise obtained by such person outside the state . . ." There are a few exceptions regarding bequests, etc.

    Also, you CANNOT ship a firearm via US Mail; violates federal law.
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  • mpolansmpolans Member Posts: 1,752 ✭✭✭✭✭
    edited November -1
    The gist of it is, it looks like a private person can only ship a firearm to an FFL.
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