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Hand Gun Dilemma

 
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  #1  
Old 04-20-2013, 02:57 PM
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Location: Corpus Christi Tx
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Hand Gun Dilemma

Hopefully, someone will give me some insight on what needs to be done!!!, I had some handguns willed to me from my Uncle when he passed a few weeks ago, My cousin in Washington who sent them, sent them straight to a dealer here in Texas for me to pick up but the dealer here will not release them with out a FFL from where they were sent from. They said they would send them back but it would have to be to a FFL Dealer in Bellingham Washington where they originated from, the problem there is she is Big Time Anti Gun, I don't know how as my Uncle was in Law Enforcement, Life Member of NRA and Life Long Trap/Skeet Shooter!!! My question to Y'all Is what can I do to get these weapons where they belong (In My Possesion)? If you dont want to post on the forum you can P.M. me or Email Me @ CMH0913@aol.com!! Thanks for Y'alls Help!!!
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  #2  
Old 04-20-2013, 05:52 PM
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Re: Hand Gun Dilemma

So the FFL by your home accepted the guns from a non FFL and is now refusing to release them to you? Did you fail the NICS check?
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  #3  
Old 04-20-2013, 06:27 PM
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Re: Hand Gun Dilemma

Easy solution. The guns don't have to be sent from am ffl according to the law. Only sent TO an ffl. Most people who think it needs to come from an ffl don't know the law. Just find the appropriate laws in writing and take them to him
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Old 04-20-2013, 08:22 PM
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Re: Hand Gun Dilemma

Quote:
Originally Posted by Tikkamike View Post
Easy solution. The guns don't have to be sent from am ffl according to the law. Only sent TO an ffl. Most people who think it needs to come from an ffl don't know the law. Just find the appropriate laws in writing and take them to him
Agreed if he already accepted them then its impossible for the guy on the other end to magically come up with an FFL.
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  #5  
Old 04-20-2013, 09:14 PM
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Re: Hand Gun Dilemma

The only tricky thing in this deal is the method of shipment. AFAIK, the only way someone like me can ship a handgun is UPS or Fedex priority. We are not allowed to use the postal service, whereas an FFL can.

If a NON FFL shipped handguns to a FFL in a different state, it might be a federal violation. Regardless, once they arrive at the FFL in the destination state, there is not much that could be done.

It does sound like no-one had this discussion with the FFL beforehand though ? Otherwise his wishes could easily have been complied with. Thats why I never like sending anything to an FFL without a prior discussion. That way there are no surprises.
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Old 04-20-2013, 09:34 PM
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Re: Hand Gun Dilemma

Quote:
Originally Posted by westcliffe01 View Post
The only tricky thing in this deal is the method of shipment. AFAIK, the only way someone like me can ship a handgun is UPS or Fedex priority. We are not allowed to use the postal service, whereas an FFL can.

If a NON FFL shipped handguns to a FFL in a different state, it might be a federal violation. Regardless, once they arrive at the FFL in the destination state, there is not much that could be done.

It does sound like no-one had this discussion with the FFL beforehand though ? Otherwise his wishes could easily have been complied with. Thats why I never like sending anything to an FFL without a prior discussion. That way there are no surprises.
LOL that's not true I use USPS exclusively no one else.
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  #7  
Old 04-20-2013, 09:40 PM
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Re: Hand Gun Dilemma

See section 11.1.2

While you personally may be an officer in the armed services, a regular citizen is NOT PERMITTED to use the postal service for mailing handguns. Doing so is a Felony.

432 Mailability
11.1 Pistols, Revolvers, and Other Concealable Firearms
11.1.1 Definitions
The terms used in this standard are defined as follows:
a. Handgun means any pistol, revolver, or other firearm or device the mailing of which is regulated by this standard.
b. Pistol or revolver means a handgun styled to be fired by the use of a single hand and to fire or otherwise expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.
c. Firearm means any device, including a starter gun, designed to, or that may readily be converted to, expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.
d. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.
e. Short-barreled shotgun means a shotgun that has one or more barrels less than 18 inches long. The term short-barreled rifle means a rifle that has one or more barrels less than 16 inches long. These definitions include any weapon made from a shotgun or rifle, whether by alteration, modification, or otherwise, if such weapon as modified has an overall length of less than 26 inches. A short-barreled shotgun or rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.
f. Licensed manufacturer and licensed dealer mean, respectively, a manufacturer of firearms or a bona fide dealer of firearms, duly licensed by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury, under the Gun Control Act of 1968 (Public Law 90-618), 18 USC 921, et seq.
g. Antique firearm means any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, or any replica thereof, if such replica:
1. Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
2. Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
11.1.2 Handguns
Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable unless mailed between the parties listed in 11.1.3 and 11.1.5 after the filing of an affidavit or statement required by 11.1.4 and 11.1.6.
11.1.3 Authorized Persons
Subject to 11.1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, or an authorized agent of the federal government or the government of a state, territory, or district, only when addressed to a person in one of the following categories for use in the person's official duties:
a. Officers of the Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
b. Officers of the National Guard or militia of a state, territory, or district.
c. Officers of the United States or of a state, territory, or district, whose official duty is to serve warrants of arrest or commitment.
d. USPS employees authorized by the Chief Postal Inspector.
e. Officers and employees of enforcement agencies of the United States.
f. Watchmen engaged in guarding the property of the United States, a state, territory, or district.
g. Purchasing agent or other designated member of agencies employing officers and employees included in 11.1.3c. through 11.1.3e.
11.1.4 Affidavit of Addressee
Any person proposing to mail a handgun under 11.1.3 must file with the postmaster, at the time of mailing, an affidavit signed by the addressee setting forth that the addressee is qualified to receive the firearm under a particular category of 11.1.3a. through 11.1.3g, and that the firearm is intended for the addressee's official use. The affidavit must also bear a certificate stating that the firearm is for the official duty use of the addressee, signed by one of the following, as appropriate:
a. For officers of Armed Forces, by the commanding officer.
b. For officers and employees of enforcement agencies, by the head of the agency employing the addressee to perform the official duty with which the firearm is to be used.
c. For watchmen, by the chief clerk of the department, bureau, or independent branch of the government of the United States, the state, the territory, or the district by which the watchman is employed.
d. For the purchasing agent or other designated member of enforcement agencies, by the head of such agency, that the firearm is to be used by an officer or employee included in 11.1.3c. through 11.1.3e, Authorized Persons.
11.1.5 Manufacturers and Dealers
Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts.
11.1.6 Certificate of Manufacturers and Dealers
A licensed manufacturer or dealer need not file the affidavit under 11.1.4, but must file with the postmaster a statement on Form 1508 signed by the mailer that he or she is a licensed manufacturer or dealer of firearms, that the parcels containing handguns (or major component parts thereof) are customary trade shipments or contain such articles for repairing or replacing parts, and that to the best of his or her knowledge or belief the addressees are licensed manufacturers or dealers of firearms.
11.1.7 FBI Crime Detection Bureaus
Handguns may be mailed without regard to 11.1.3 through 11.1.6 if:
a. Addressed to the Federal Bureau of Investigation (FBI), or its director, or to the scientific laboratory or crime detection bureau of any agency whose members are federal law enforcement officers or officers of a state, territory, or district authorized to serve warrants of arrest or commitment; or
b. Offered by an authorized agent of the federal government as an official shipment to any qualified addressee in categories 11.1.3a. through 11.1.3g, or to a licensed manufacturer or dealer of firearms or to a federal agency.
11.2 Antique Firearms
Antique firearms sent as curios or museum pieces may be accepted for mailing without regard to 11.1.3 through 11.1.6.
11.3 Rifles and Shotguns
Although unloaded rifles and shotguns not precluded by 11.1.1e and 11.1.2 are mailable, mailers must comply with the Gun Control Act of 1968, Public Law 90-618, 18 USC 921, et seq., and the rules and regulations promulgated thereunder, 27 CFR 178, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the gun is unloaded and not precluded by 11.1.1e.
11.4 Legal Opinions on Mailing Firearms
Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Contact the nearest office of the Bureau of Alcohol, Tobacco and Firearms for further advice.
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