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Joined: May 2004
Posts: 470
Campfire Member
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Campfire Member
Joined: May 2004
Posts: 470 |
What a nightmare. And you guys laugh at us here in California for being sooooo ridiculous. And the funny thing is that only the honest citizens follow the rules. The criminals here laugh even harder at the laws "we" make since they dont obey the rules. A concept too difficult to understand. Sorry, my time to vent. Thank God Im going duck hunting this weekend. maestro
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Joined: Jun 2005
Posts: 52
Campfire Greenhorn
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Campfire Greenhorn
Joined: Jun 2005
Posts: 52 |
Well, I did'nt get a chance to go to the Post Office today. I am waiting on funds from a fellow who is buying a rifle from me. He wants me to send to an FFL, and I will do so. I do not believe my Post Master is wrong. In fact, he said he would be glad to talk with anyone about it for clarification. All lot of laws come and go, some are passed and supercede older ones, while people still adhere to old laws. I am not trying to be a smart... When I go to the Post Office I will ask him again about all of this. I could have possibly heard him wrong. I don't want to break the law either. Thanks.
"Keep up the fire!" Motto of the U.S. Ninth Infantry Regiment
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Joined: May 2004
Posts: 1,242
Campfire Regular
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Campfire Regular
Joined: May 2004
Posts: 1,242 |
I am going to jump on 4570govt band wagon. I have purchased several firearms and was asked to send a FFL to the seller which I always have. I recently sold a gun and I will be doing the shipping this time so I asked the buyer to send me a signed FFL. Wanting to be ready for the transaction before the MO and FFL arrived I went to the post office to see what I needed to do with the FFL, such as bring it in as proof as to where I would be shipping or what. The Post Master that I am familiar with and have known for several years explained to me that I did not need a FFL and I could ship it to the buyers door if I wanted to. He stated that there is no need to bring in the FFL. Scott
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Joined: Dec 2003
Posts: 1,515
Campfire Regular
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Campfire Regular
Joined: Dec 2003
Posts: 1,515 |
Gonhuntin is correct - BATFE regulates interstate transfer of firearms. USPS is only concerned with their own shipping regulations. Ask the postmaster general if he enforces BATFE regulations, then ask BATFE if they enforce postal regulations...see what I'm getting at?
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Joined: Jan 2005
Posts: 10,266
Campfire Outfitter
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Campfire Outfitter
Joined: Jan 2005
Posts: 10,266 |
There are three separate things at work here ... BATFE, USPS, and seller/buyer ...
BATFE requires rifles be shipped TO an FLL from anyone, when crossing state lines, and the receiving FFL is to then register the gun to the buyer
USPS has their own rules, of which I'm no authority, so I'll pass on expounding here ...
seller/buyer can set up whatever rules they wish, within the guidelines of "the law" ...
Combine all three to figure out what is necessary to successfully complete your sale ... you have the liberty to 'adjust' the rules between the buyer and seller, but really have no ability to change the rules/laws in place with the other two ...
-WGM-
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Joined: Dec 2002
Posts: 32,201
Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2002
Posts: 32,201 |
You can confirm what your friend has told you, just call the BATF and ask them. Since the BATF is the Federal agency responsible, their answer would be the standard that you would be required to meet.
Jeff
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Joined: Feb 2001
Posts: 50,633
Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 50,633 |
WGM Not to be too picky, but to make an important point. We do not have a legal gun registry in this country. Obviously it is a de facto registry... but we cannot allow ourselves to stumble down that road willingly!
It will be transfered to the buyer, not registered! art
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Feb 2003
Posts: 341
Campfire Member
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Campfire Member
Joined: Feb 2003
Posts: 341 |
When it comes to getting advise on a subject that could potentially cost me thousands of dollars and time in jail, the last place I would ask for advice is on a interent forum. There is a lot of misinformation in this thread that could cause someone to become a felon. If you want to know the correct answer, call or email the BATF office and ask, keep the email or get the persons name you talk to. A clue as to what is the wrong answer, the post office does not have any jurisdiction over the interstate transfer of firearms. BATF does. From the BATF website FAQ. B8) May a nonlicensee ship a firearm through the U. S. Postal Service? [Back]
A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state . Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.
Ask your Postmaster friend if he is wrong is he willing to pay lawyer costs, fines, and do the time for you if you get caught? From Postal Regulations: 433 Mailer Responsibility Even though certain types of firearms are permitted to be mailed within the provisions of the postal law in 18 U.S.C. 1715, it is the mailer's responsibility to comply with all federal and state regulations and local ordinances affecting the movement of firearms. 434 Legal Opinions on Mailing Firearms Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Mailers should be referred to the nearest regional ATF office for further advice. See 435 and Exhibit 435. Links to the above information: web page web page
Last edited by AKJD; 01/28/06.
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Joined: Dec 2005
Posts: 1,228
Campfire Regular
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Campfire Regular
Joined: Dec 2005
Posts: 1,228 |
To put all of this in perspective. The post master will not be the one to be fined or sent to jail if in violation of Federal Law. You will!!!!!!!!!!!!!!! .Call ATF and ask. These posts have some very good and very bad advice.
"We are building a dictatorship of relativism which recoqnizes nothing as definitive and whose ultimate goal consists solely of ones own self ego and desires."Cardinal Rathzinger
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Joined: Dec 2002
Posts: 32,201
Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2002
Posts: 32,201 |
Having to transfer a firearm via a FFL is hardly the same as a gun registry. None of the transfer data is sent to the BATF, unless specifically requested, until the FFL holder is required to send his/her bound book records to the BATF when the FFL is allowed to lapse. Even then, I doubt that those records are entered into any sort of data base.
Jeff
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Joined: Dec 2005
Posts: 1,228
Campfire Regular
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Campfire Regular
Joined: Dec 2005
Posts: 1,228 |
it was my understanding for a period of time putting those records in a database was exactly what was going on and may still be.NRA took them to task but I do not know what became it(all during Clinton)
"We are building a dictatorship of relativism which recoqnizes nothing as definitive and whose ultimate goal consists solely of ones own self ego and desires."Cardinal Rathzinger
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