I recently sold a handgun via Gunbroker. Following the rules, I naturally shipped it via FedEx to the purchaser's local FFL dealer.

But the dealer won't give the guy the gun. The dealer is demanding that I take it back and send it all over again, shipping it through an FFL dealer on my end.

I have read the ATF site's information which says:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#shipping-firearms-carrier


Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns 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. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

Q: May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]


So what is it with this dealer? Can anyone explain his policy?

Toward the top of the classifieds section there is a thread "buying selling and shipping firearms tutorial" pretty good information there.

If you "mailed" a handgun, then that is part of the issue.

Handguns must go FedEx or UPS for the non-FFL guys like myself.

Other than that, FFL dealers can select to do transfers following what ever rules they see fit.

When the ATF looks at their log book, the FFL holder may choose the simplicity of having FFL numbers written in on the "Acquisition" side.

Most FFL dealers are running scared of whizzing off the ATF folks and having their FFL jerked thus losing their livelihood.

OP clearly states the gun was shipped via FedEx. If the buyer did not confirm with his FFL that they accepted from non-FFL private party then IMO the ball (and the bill) is in his court, as long as you were clear about it up front.

LoneOak,

Being new to the site, you get to see the 24-hour edit function in use.

I am capable of reading and comprehension. I use Fed Ex when I ship handguns because only FFL's are allowed to ship through the USPS.

When I read the original post it said he "mailed" the handgun, no mention made of FedEx etc.

Select your "edit" button, make your changes and within 24-hours it magically changes your post.

I was simply trying to point out that "mailing" handguns is a no-no, unless you are an FFL.

Mitch

Freedumb1,

Did not realize this was edited and I did not mean to offend - simply stating what I saw. My apologies for using quick reply and not paying proper attention to tone.

A question - when the edit function is used isn't there a notation at the end of the post? I have seen these before and had one show on the only post I have edited myself.

LO,

No offense taken.

Within that 24 hour period to edit, right before you "submit", the default is to show that you made an edit, and the reason why, or you can remove the checkmark, and your post won't show that it was edited.

Mitch

Hell, I just stuff 'em in a box, tell the dude it's a pair of garden clippers, and send 'em.

Works great.

For what it's worth dept.,Several years ago I bought a pair of consecutive serial #'s 1st gen. at an estate sale.Perfect but still with the hard rubber grip. I wanted to send them back to Hartford for ivory stocks. The word was "remove the cylinder before shipping,therefore it ceases to be a functional firearm.etc."Ship reg mail.They look sweet BTW in their glass case. I gave the pair to my son when he came back alive from the sandbox.

What that guy is telling you is not the law. The law is that a non-FFL holder can mail to and FFL butt an FFL cannot mail to a non-FFL holder He might have is own policy that he wast's it recieved fron an FFL, but that is not the law.

Another bit of info: if you send your firearm in for repair, they have to send it back to an FFL where you'll have to do another NICS chek to get your gun back.

Not true.

Not accurate. I have experience with three different manufacturers all shipping repaired firearms to my front door.