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Old 11-30-2005, 10:01 PM   #1 (permalink)
Psycho
 
Location: somewhere out there
Transfer firearms from Virgina to another state

How would one go about legally tranfering firearms(proboably only long guns) from a family member in Virgina to another state? Is a FFL holder still necessary for rifles/shotguns?

I will be makign a trip there soon... so if I just pick them up there and then ship them to my house.. would that be legal?

Also, how does one go about checking guns in luggage on an airplane?

Thanks in advance.
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Old 12-08-2005, 07:14 AM   #2 (permalink)
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If the states are touching, long guns can transfer without an FFL. Handguns always require one.
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Old 12-08-2005, 02:09 PM   #3 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Blockmaan2000....thanks for playing, but you would be wrong.

You can ship firearms to yourself. The postal service will do it, but it's easier to use UPS. UPS requires firearms be shipped Next Day air. If you don't want to do next day air. break the firearms down and ship them in 2 different boxes. (Now you are shipping parts).

You only need involve a FFL dealer if a sale is involved.

The ATF says, "A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm."

As far as firearms on an airplane, check the airline. Most just require you to declare them when you check them in with other baggage. Be forewarned, if you plan to check guns with your luggage, they better be in a lockable case of some kind so they don't get stolen.
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Old 12-08-2005, 02:12 PM   #4 (permalink)
... a sort of licensed troubleshooter.
 
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I'm with hrdwareguy on this one. Just don't ship it to D.C.
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Old 12-08-2005, 10:11 PM   #5 (permalink)
Myrmidon
 
ziadel's Avatar
 
Location: In the twilight and mist.
Quote:
Originally Posted by hrdwareguy
Blockmaan2000....thanks for playing, but you would be wrong.

You can ship firearms to yourself. The postal service will do it, but it's easier to use UPS. UPS requires firearms be shipped Next Day air. If you don't want to do next day air. break the firearms down and ship them in 2 different boxes. (Now you are shipping parts).

thank YOU for playing, you are also wrong, partly.

parts are parts are parts except to when you get to the lower receiver, or frame, that part is serialized and is not considered a 'part' by the ATF, its the firearm.
what you suggest would work, and is what I would do, and is 100% legal, I just wanted to address the "parts" nonsense. This is a VERY bad subject to go spreading misinformation about. Also, what hrdwareguy suggested IMO should only be tried for long guns, from what I have been told, theres some gray areas doing this with handguns (even if sending from one place where no special permits are needed for posession to another).

Even with the long guns, I think there is a bit of a gray area, I'll do some searching around, go ahead and do whats been suggested, but I want to clarify and refine this for future questions in a 100% clear and concise no nonsense fashion.
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Last edited by ziadel; 12-08-2005 at 10:33 PM..
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Old 12-08-2005, 10:39 PM   #6 (permalink)
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Location: In the twilight and mist.
Quote:
(B8) May a nonlicensee ship a firearm through the U. S. Postal Service?

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.

(B9) May a nonlicensee ship a firearm by carrier?

A nonlicensee may ship a firearm by 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) and 922( e), 27 CFR 178.31]
*shrug* honestly, the language is confusing here. and the ATF ONLY advises on federal law, not state law, there could be state laws expressly forbidding this type of thing, I dunno, I'd do it, but theres more to it.

I'll post more as I discover it.
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Old 12-09-2005, 08:18 AM   #7 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Ziadel,

It appears we are both quoting from the same publication.

B8 Says you can ship long guns to via the postal service but not handguns.

B9 Says you can ship any gun to someone in your state or a licensee in another state.

B10 (not marked but the one I quoted) Says you can ship any gun to yourself via carrier for any lawful purpose.

Most people would argue that a receiver is not a firearm when shipped by itself although you are correct in that the ATF does.

Sitck the guns in a box, take it to UPS, declare it as firearms and ship it to yourself c/o someone else. Insure it and require a signature for delivery.
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Old 12-09-2005, 12:52 PM   #8 (permalink)
Myrmidon
 
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Location: In the twilight and mist.
Quote:
Originally Posted by hrdwareguy
Most people would argue that a receiver is not a firearm when shipped by itself although you are correct in that the ATF does.
.

I agree common sensde dictates otherwise, but all that really matters here is what the ATF says
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Old 12-09-2005, 05:40 PM   #9 (permalink)
Psycho
 
Location: somewhere out there
The whole receiver vs. parts issue has come up with me before... so I think that I am pretty clear with that. And yes, I think that it is quite stupid that we designate one hunk of metal as a firearm.
Thanks for the feedback so far. I'll keep checking for further info if it comes up.
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Old 12-09-2005, 10:22 PM   #10 (permalink)
Myrmidon
 
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Location: In the twilight and mist.
Quote:
Originally Posted by kinsaj
And yes, I think that it is quite stupid that we designate one hunk of metal as a firearm.

*shrug* makes sense to me, otherwise you'd need to fill out a NICS check everytime you went to buy a new barrel for your thompson encore.

can you just drive back from whereever you are going? that wold really simplify things.
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