Out-of-State Shipping of a Firearm to a Texas Business for Work

[majormadmax]

OK, I am 99/100ths sure I know the answer to this; but I thought I would ask on here to confirm this because it is for a friend of mine and I want to be certain.

He is stationed outside of Texas but wants to send his Browning Hi-Power to Novak's for some upgrades. It was recommended that he go through FedEx, so he did his research then went by FedEx only to be told he would have to go through a FFL. He is a smart individual so I know he checked the state and local laws where he is, but he wanted to ensure that Texas had no laws that required going through a FFL. As far as I know there aren't as a few years back I shipped a Yugo M70AB2 back to Century to fix a canted front sight and did all the shipping myself through FedEx (I don't like them but it was recommended by Century). He said he couldn't find any prohibiting it either...

I checked FedEx's policy on shipping firearms and it appears to be the same as when I shipped my AK...

A. FedEx Express will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
1. Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
B. If your shipment contains firearms, select the Direct Signature Required or Adult Signature Required Delivery Signature Option, depending on the requirements of your shipment. See the Delivery Signature Options section for details. Firearms shipments are not eligible for signature release or indirect delivery.
C. Firearms must be shipped via FedEx Priority Overnight service. FedEx Express cannot ship or deliver firearms C.O.D. Firearms shipments cannot be placed in a FedEx Express Drop Box.
D. Upon presenting the package for shipment, the person tendering the shipment to FedEx Express is required to notify FedEx Express that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm.
E. The shipper and recipient must be of legal age as identified by applicable law.
F. The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.
G. FedEx Express will transport ammunition when packed and labeled in compliance with local, state and federal law, and the Dangerous Goods section of this Service Guide. Ammunition is an explosive and must be shipped separately as dangerous goods. You agree not to ship loaded firearms or firearms with ammunition in the same package.

So for the collective wisdom of this forum, does anyone know of any Texas law that would prohibit an out-of-state individual from directly shipping a firearm to a Texas business?

Thanks! M2

 

[navyguy]

Unless there are some other state laws where he is, federal law permits shipping to an FFL by and individual. I'm assuming Novak would qualify for that. FedEx and UPS employees are notorious for not understanding the requirements.

But, depending on how much a local FFL would charge to do the shipping it might be less expensive because an FFL can ship via USPS for around $20. So if they charge $20 for their services makes a total of $40. The FedEx air shipment would probably be more than that.

 

[Bullseye Shooter]

It's never a problem to ship a firearm to a licensed FFL gunsmith, company, etc. to have the firearm worked on no matter what State he lives in. He can go either FedEx or UPS but they will require that he ship it overnight since it's a handgun, which runs around $40 depending on how much insurance he puts on it. He could ship it cheaper without declaring it as a firearm but then he would run into problems if it gets lost since they would dispute any insurance claim and he would be in violation of their company policy of declaring what's in the package and they would have cause not to pay the claim.

Bottom line, send it overnight, and pay the extra insurance just in case it gets lost along the way.

 

[navyguy]

I. He could ship it cheaper without declaring it as a firearm but then he would run into problems if it gets lost since they would dispute any insurance claim and he would be in violation of their company policy of declaring what's in the package and they would have cause not to pay the claim.

No, don't do that. It is in violation of Federal law not to declare you are shipping a gun

From ATF Website FAQ

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]

 

[majormadmax]

Unless there are some other state laws where he is, federal law permits shipping to an FFL by and individual. I'm assuming Novak would qualify for that. FedEx and UPS employees are notorious for not understanding the requirements.

But, depending on how much a local FFL would charge to do the shipping it might be less expensive because an FFL can ship via USPS for around $20. So if they charge $20 for their services makes a total of $40. The FedEx air shipment would probably be more than that.

Thanks, the idea of it being cheaper going through an FFL never occurred to me; but I will pass it on.

I would never think about shipping a firearm without declaring it, there is too many potential problems to include violating Federal law! Given that I still work for the government, and my buddy is an active duty pilot, neither of us would even consider it. It's worth the little extra hassle to do it right versus the consequences of what happens if you don't!

Cheers! M2