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Gun Sales question

Posted: Tue May 29, 2007 12:52 am
by McKnife
If I were to buy a firearm from someone in Texas, is it legal for them to mail it to me without an FFL?

I'm looking to buy an AK but I don't want to fill out the 4473. (No, im not a felon, just paranoid). (Yugo Underfolder or WASR10)

I found a guy that will sell one to me 'face-to-face' , but I dont want to drive all the way from Houston to Dallas. Can he mail it to me legally?


Thanks.

Posted: Tue May 29, 2007 5:30 am
by longtooth
Why not meet half way. That is the standard proceedure for us who trade w/ each other.
From Houston to Dallas there are lots of good places on I45 & you get to meet & visit another CHL holder.

One of the legal guys will answer the resto of you Q.
LT

Re: Gun Sales question

Posted: Tue May 29, 2007 7:15 am
by seamusTX
MacKnife wrote:If I were to buy a firearm from someone in Texas, is it legal for them to mail it to me without an FFL?

I'm looking to buy an AK ...
Different laws apply to long guns and handguns.

http://www.atf.gov/firearms/faq/faq2.htm#b7:
(B7) 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.
- Jim

Re: Gun Sales question

Posted: Tue May 29, 2007 8:24 am
by HankB
seamusTX wrote: http://www.atf.gov/firearms/faq/faq2.htm#b7:
(B7) 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.
- Jim
Laws covering shipment though the U.S. Postal service are not necessarily known to the postal clerks you'll encounter at the service desk, nor do they necessarily apply in the same manner to private carriers such as UPS, DHL, and FedEx.

But from the quote, it looks like same-state shipment of a long gun is legal . . . but will the post office want to keep their own detailed record of the shipment?

Posted: Tue May 29, 2007 12:21 pm
by KBCraig
It is legal, but it's not always possible to convince the postal clerk of that.

Re: Gun Sales question

Posted: Tue May 29, 2007 12:44 pm
by nitrogen
MacKnife wrote:If I were to buy a firearm from someone in Texas, is it legal for them to mail it to me without an FFL?

I'm looking to buy an AK but I don't want to fill out the 4473. (No, im not a felon, just paranoid). (Yugo Underfolder or WASR10)

I found a guy that will sell one to me 'face-to-face' , but I dont want to drive all the way from Houston to Dallas. Can he mail it to me legally?


Thanks.
If I were paranoid enough to not want to fill out a 4473, I'd probably want to accept the rifle in person, and not trust an untrusted intermediary like the post office or a common courier.

Having said that, you might have better luck with UPS, as their terms state:
Special Procedures for Shipping Firearms
Use These UPS Services for Your Firearm Shipment
Firearms will be transported only between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors, as defined in the United States Gun Control Act of 1968, law enforcement agencies of the United States or of any department or agency thereof and law enforcement agencies of any state or department agency, or political subdivision thereof, and between persons not otherwise prohibited from shipping firearms by federal, state or local law and when such shipment complies with all applicable federal, state and local laws. [emphasis mine.]
I have shipped guns to myself using UPS interstate before, with no problems. I just didn't advertise what was in the box (I labeled it "Tools")

Dealing with shipping leaves an easier trail for someone to track down than filling out a 4473, though, if they know what they are looking for.

Posted: Tue May 29, 2007 4:05 pm
by pbandjelly
well, MacKnife, if indeed that IS your name :lol:
you could always get the ol' FFL thing going.
or meet the guy halfway.
or go to DFW (cause it rules, here).

Posted: Tue May 29, 2007 4:44 pm
by Sludge
Have them "break" the gun down and ship it in two diffrent box's. Then you have nothing to worry about since it's not a "gun" at that point.

Posted: Tue May 29, 2007 6:43 pm
by KBCraig
Sludge wrote:Have them "break" the gun down and ship it in two diffrent box's. Then you have nothing to worry about since it's not a "gun" at that point.
The receiver is a "gun", no matter how many parts you remove. It always will be, unless it's torch cut into three sections, removing at least 1/4" of metal in each cut. (Must be flame cut; chop saw is not good enough.)

Kevin

Re: Gun Sales question

Posted: Tue May 29, 2007 6:48 pm
by KBCraig
nitrogen wrote:I have shipped guns to myself using UPS interstate before, with no problems. I just didn't advertise what was in the box (I labeled it "Tools")
You broke the law if you didn't inform them the package contained a firearm.

http://www.atf.gov/firearms/faq/faq2.htm

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]

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]

Posted: Wed May 30, 2007 8:24 am
by Sludge
KBCraig wrote:
Sludge wrote:Have them "break" the gun down and ship it in two diffrent box's. Then you have nothing to worry about since it's not a "gun" at that point.
The receiver is a "gun", no matter how many parts you remove. It always will be, unless it's torch cut into three sections, removing at least 1/4" of metal in each cut. (Must be flame cut; chop saw is not good enough.)

Kevin
did not know that ... Thanks kevin..


scratch my idea...lol......