Legally ship a firearm to yourself
- Thread starter jski
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Online search engines are your friends. The official answer to your question (the only one that matters) can be found here. https://www.atf.gov/qa-category/unlicensed-persons Just out of curiosity, if you can physically give this person the gun, why does he need to ship it to himself?
He lives in Virginia. I live in Florida. He’ll be in Florida when he gets his gun from me.
Why doesn't he just bring it home with him? If there's some sort of issue that makes it difficult for him to bring it home himself you might as well just ship it to an FFL in VA yourself since one has to be involved in this transaction anyway. Is this a handgun or long gun we're talking about?
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Under those circumstances, if you just give it to him, and he takes it home with him or ships it to himself, both of you will have committed a serious violation of federal law and each risk up to five years in federal prison and/or a fine (plus a lifetime loss of gun rights).
Here's an overview of federal law on interstate transfers under the Gun Control Act of 1968:
- Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
- In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
- In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
- There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
- The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
- Here's what the statutes say:
- Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.
With regard to loans under GCA68, let's look at the applicable statutes again:
- 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:
- And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:
- So under federal law a resident of one State may loan a gun to a resident of another State, but only temporarily and only for a lawful sporting purpose.
- Temporary means:
- Sporting means (in this context):
- Purpose means (in this context):
- Temporary means:
- So a court is likely to look at the "temporary loan for a lawful sporting purpose" exception to the prohibition on interstate transfers to apply when a gun is loaned so that the person it's been loaned to can engage in a specific sporting activity (i. e., a hunt, a competition, etc.) of limited duration. "Temporary" would refer to the duration of that activity. Such an interpretation would be consistent with the common meanings of the words used in the statutes and the underlying purpose (controlling interstate transfers of firearms) of GCA68.
- So you may go to another State where (under 18 USC 922(a)(5)), a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But since there is no applicable "loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.
He flies back and forth and doesn’t feel comfortable checking it in with luggage. He’s concerned it’ll disappear somewhere between here and there.
Is this stating that it’s unlawful for me to simply give him the gun and for him to take it to his home? Surely not.
That’d mean if I gave him a gun and he put it in his car and drove home with it, we could both go to prison.
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pdsmith505
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That is precisely what that means.
Boogaloo Bungalow
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So whilst shipping firearms are a federally regulated activity, interfamilial transfers are not. Under federal law the only two exceptions to having to ship a firearm to an FFL dealer is when you are shipping it ahead to yourself because you are moving or if a gunsmith is sending you back your weapon, any other circumstance is a felony. Now the ATF only regulates dealer sales through FFL transfers, interfamilial transfers are at the mercy of your state laws. Sometimes you might have to go to an FFL, sometimes you just need to mail a form to the states' DOJ, and other times there is no legal requirement. If shipping the weapon is your only choice then you will have to ship it to an FFL dealer near him and it will go down as a dealer transfer subject to all federal and state laws. Welcome to the day and age where this is considered 'constitutional'.
If you are residents of different states, any transfer of a firearm must go through an FFL.
Incorrect. There is no exception in federal law that would allow the OP (a resident of FL) to transfer a firearm to his son-in-law (a resident of VA) without going through an FFL. See 18 U.S.C. 922. There is one exception involving bequests under a will, but given that the OP seems very much alive, I don't think it applies.
ETA: Yes, transfers between family members are also at the mercy of state laws.
This part is correct. The OP could ship the item to an FFL in VA and the VA FFL could then transfer it to his son-in-law.
Rethink that.
jmorris
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That’s what has always concerned me about shipping.
Would have been easier for some activities I have done but always figured with my luck I would have a problem, so I always hauled me gear and ammunition with me.
Your suspicion is incorrect. The answer is yes, if it's a rifle or shotgun. If you bought a long gun in another state (which would require going buying from, or transferring via an FFL), you can ship it to yourself. You can't legally buy a handgun in another state without going through an FFL in your state, so in that case it's a moot point.
No.
Laws do not have to be logical, or Constitutional (by your or my measure) in order to be laws. It doesn't make any difference what your relationship to the person is. He could be your brother, son or your spouse. If they're a resident of a different state, the only way to legally transfer a gun without going through an FFL is by putting it in your will and then dying. Many people are not aware of this and it is violated regularly. Even people who should know better, as illustrated by the poster above, who (just guessing based on his avatar) owns a gun store, often get this particular law wrong.
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Why would there be more risk of it disappearing in checked baggage than there would be in shipping?
Yes. That is indeed federal and has been federal law for over fifty years.
I guess the assumptions is that the package handlers at FedEx are less likely to have the opportunity. There are checks made each time the package is transferred along the way.
I seriously doubt that people are giving guns to non same state resident family members several thousand times a day, but it doesn't really matter. The law is what it is.
Up to you. Every day, lots of people fly with guns. Very seldom are any misplaced. I've checked guns a bunch of times. Never had an issue. Several times it actually got me through security faster. You still haven't said if we're talking about a handgun or long gun. If it's a handgun, that changes everything.
I’m unaware of any prosecutions for this “crime” ... with the possible exception of gunrunners.
I smell yet another misapplication of the “commerce clause”.
People do get away with committing crimes, but they are still committing crimes. There's a difference between doing something legally and committing a crime.
When one commits a crime, he is betting his freedom, fortune and future on not getting caught. And I suspect that a lot of people now in prison didn't expect to get caught.
Well, of course. Up until yesterday, you were unaware of this law, so it would've been hard to be aware of prosecutions. Again, we're just telling you what the law is. Whether or not you violate the law is up to you.
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