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Shipping handgun via FEDEX

capguncapgun Member Posts: 1,848
edited May 2014 in Ask the Experts
I do not have a license and want to ship a C&R handgun to a C&R holder in Texas. I thought I could do this via fedex, but this is their website info. "FedEx Express will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same)." It looks like an individual can not ship to a collector (c&r).

Comments

  • rufe-snowrufe-snow Member Posts: 18,453 ✭✭✭
    edited November -1
    You might consider using the services, of a local 01 FFL licensee. My local guy will ship it for 1/2 what Fedex charges. Including packing and insurance.
  • capguncapgun Member Posts: 1,848
    edited November -1
    How can he do that? He can not mail a handgun to a C&R.
  • rufe-snowrufe-snow Member Posts: 18,453 ✭✭✭
    edited November -1
    quote:Originally posted by capgun
    How can he do that? He can not mail a handgun to a C&R.


    A brick and mortar FFL, would have a commercial account with Fedex and UPS. It would be more expensive, than if he could send it by priority mail though.
  • competentonecompetentone Member Posts: 4,651 ✭✭✭
    edited November -1
    quote:Originally posted by capgun
    I do not have a license and want to ship a C&R handgun to a C&R holder in Texas. I thought I could do this via fedex, but this is their website info. "FedEx Express will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
    Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
    Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same)." It looks like an individual can not ship to a collector (c&r).


    The interpretation will be on the term "licensed dealer" in that second part I've highlighted in red.

    I'm not sure if Fedx is intending to be as "specific" as you are interpreting it. They may treat a C&R licensee as a "licensed dealer" -- which is what they can be, but they are not buying/selling for commercial purposes (i.e. not for profit), but for the purpose of enhancing their collection.

    You are not violating any Federal laws using Fedx to ship a C&R handgun to a C&R licensee: https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-transfer

    The worst Fedx can do is refuse to ship for you. I wouldn't get into the specifics about the type of licensee you are shipping to. Just be clear that the party you are shipping to is Federally licensed to receive the handgun you are sending. Have a copy of the license with you. Your average clerk at Fedx is not going to know the detailed differences between a C&R license and an 01 license. As long as the handgun is C&R qualified -- and there are no local or state laws prohibiting it -- if you tell the clerk, "they are Federally licensed to receive this, here is a copy of their license" I'd bet you won't have any problems.
  • nmyersnmyers Member Posts: 16,316 ✭✭✭
    edited November -1
    Your understanding of the FedEx tariff is completely accurate. You are also correct that shipment of a firearm by an individual to a licensee is legal.

    I don't think that you would have a problem shipping your handgun by FedEx; I have never been asked to produce my license, or that of the recipient (but, I do have both with me when shipping). If you ship from a FedEx Office, know what you are doing, & follow federal law to the letter, I don't think that you will have a problem.

    You need to notify them that your package contains a firearm. You want to do that IN WRITING; do that by writing CONTAINS FIREARM on the shipping ticket, but use a piece of cardboard to keep that from coming through on the bottom carbon copy, which is affixed to the package.

    While distributors may have a Fedex contract permitting them to ship handguns cheaper, or 2nd day Air, most LGS's don't. Depending upon the dealers in your area, it could cost a lot more for you to pay one of them to ship for you. I would have to pay my LGS's $50-100 for their fee, plus actual shipping charges.

    Neal

    EDIT: If you MUST have full compliance with FedEx regulations, the only way that you can get official sanction of your shipment is to phone the FedEx Hazardous Materials section; firearms & ammunition nationwide are under their control.
  • capguncapgun Member Posts: 1,848
    edited November -1
    There is no question that a c&r is NOT a licensed dealer. It says so right on the license. The first section includes BETWEEN licensed collectors, the second section for individuals shipping does not include licensed collectors. The problem is, I do not believe they would to have to pay insurance if the gun was stolen or lost if the rules were not followed.
  • CheechakoCheechako Member Posts: 563 ✭✭✭✭
    edited November -1
    This subject has made the rounds of every gun and shooting forum on the Internet, more than once.

    There is a BIG difference between what the rules say and what private shippers like FedEx and UPS (USPS also) will do. You can show them where they are wrong (assuming they are) and argue with them until they kick you out of their office, but in the end they will do it their way. It's called private enterprise and I don't think you'd want it any other way.

    Save yourself all of the aggravation and find a shipper who knows and follows the rules. There are probably a dozen hubs within easy driving distance. You'll eventually find one.
  • tsr1965tsr1965 Member Posts: 8,682
    edited November -1
    IF you seem to know all of the laws, then why are you asking us, and rebutting everything that is being told you by experienced individuals?

    I know for a FACT, that it IS legal for an 01 FFL to mail by USPS, or PRIORITY MAIL-USPS, to a C&R. It is most likely less expensive, to have an 01 FFL do that for you, especially if you do not tell him he can't, and/or don't know what they are doing.

    Also, you might want to check this in your state, but some state law requires handguns, be sent thru 01 FFL's, even if they are a C&R.

    Best
  • capguncapgun Member Posts: 1,848
    edited November -1
    quote:Originally posted by tsr1965
    IF you seem to know all of the laws, then why are you asking us, and rebutting everything that is being told you by experienced individuals?

    I know for a FACT, that it IS legal for an 01 FFL to mail by USPS, or PRIORITY MAIL-USPS, to a C&R. It is most likely less expensive, to have an 01 FFL do that for you, especially if you do not tell him he can't, and/or don't know what they are doing.


    Oh well, more complete misinformation. Your FACT is completely wrong. Do you realize the mailer of a handgun has to fill out a 1508 form, certifying that the handgun is being mailed to a BONA FIDE DEALER? A C&R license states right on its face that it can not be used for dealing in firearms. It is well established that C&R holders can not mail or receive through the mail handguns.http://about.usps.com/forms/ps1508.pdf
  • capguncapgun Member Posts: 1,848
    edited November -1
    quote:Originally posted by nmyers
    Your understanding of the FedEx tariff is completely accurate. You are also correct that shipment of a firearm by an individual to a licensee is legal.

    I don't think that you would have a problem shipping your handgun by FedEx; I have never been asked to produce my license, or that of the recipient (but, I do have both with me when shipping). If you ship from a FedEx Office, know what you are doing, & follow federal law to the letter, I don't think that you will have a problem.

    You need to notify them that your package contains a firearm. You want to do that IN WRITING; do that by writing CONTAINS FIREARM on the shipping ticket, but use a piece of cardboard to keep that from coming through on the bottom carbon copy, which is affixed to the package.

    While distributors may have a Fedex contract permitting them to ship handguns cheaper, or 2nd day Air, most LGS's don't. Depending upon the dealers in your area, it could cost a lot more for you to pay one of them to ship for you. I would have to pay my LGS's $50-100 for their fee, plus actual shipping charges.

    Neal

    EDIT: If you MUST have full compliance with FedEx regulations, the only way that you can get official sanction of your shipment is to phone the FedEx Hazardous Materials section; firearms & ammunition nationwide are under their control.
    Firearms are not hazardous materials or dangerous goods according to Fedex regulations.
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