Gun Owners Screwed Again by ATF, UPS, Gunbroker, and Others
The problem? The poor gun owner who wants to legally ship a firearm to an FFL holder. He or she does so to obey the law. If the law was intended to be broken, no one would bother to ship to an FFL in the first place.
Where is it?
18
USC Sec. 922 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
HEAD
Sec. 922. Unlawful acts
“(e)
It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce, to
persons other than licensed importers, licensed manufacturers,
licensed dealers, or licensed collectors, any package or other
container in which there is any firearm or ammunition without
written notice to the carrier that such firearm or ammunition is
being transported or shipped;”“2) It shall be unlawful for any
common or contract carrier to
deliver in interstate or foreign commerce any firearm without
obtaining written acknowledgment of receipt from the recipient of
the package or other container in which there is a firearm.”
There is the problem: “written notice to the carrier.”
The ATF on their website says nothing about written notice, they just
say notify. Gunbroker quotes the ATF at http://www.gunbroker.com/Support/SupportFAQView.aspx?faqid=1118
:
Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:
“(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]
(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.”
The
ATF is wrong, Gunbroker is wrong, and so is anyone else that parrots the
ATF website. Federal law requires WRITTEN NOTIFICATION to the carrier.
Actually, the NRA gets it right at http://www.nraila.org/gunlaws/federal/read.aspx?id=60
.
"Shipping
Firearms
Firearms may not be mailed or shipped interstate from one non-FFL to another
non-FFL. Personally owned rifles and shotguns may be mailed or shipped
to an FFL in any state for any lawful purpose, including sale, repair,
or customizing. An FFL may ship a firearm or replacement firearm of the
same kind and type to a person from whom it was received. Under U.S. Postal
regulations, handguns may be sent via the Postal Service only from one
FFL to another FFL, or between authorized government officials.
A person may ship a rifle or shotgun to himself, in care of a person who
lives in another state, for purposes of hunting.
Firearms or ammunition delivered to a common carrier for shipment must
be accompanied by a written notice to the carrier of the contents of the
shipment."
It is yet another trap for the individual gunowner, perpetuated by the ATF on their website. Federal law requires “written notice to the carrier that such firearm or ammunition is being transported or shipped.”
The fellow, struggling to obey the law that tells the clerk at UPS, FedEx,
or the US Post Office he is shipping a gun just broke Federal law. In
order to be in compliance, you need to give written notice. The ATF says
no such thing on their website at http://www.atf.gov/firearms/faq/unlicensed-persons.html#shipping-firearms-carrier
.
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]
The ATF says NOTHING about “WRITTEN NOTICE,” inviting you to break Federal law. Most folks simply declare firearms orally. Not written notice, not lawful, but the clueless ATF doesn't tell you that written notice is mandatory.
Copyright 2012 by Randy Wakeman. All Rights Reserved.
