Selling Pistols....

[Bithabus]

What your highlighted text says is, it is against the law to take a gun to a common carrier for shipment out of state WITHOUT telling (written notice) the carrier it is a gun, i.e., you have to tell them it is a gun, which is exactly what the FAQ says.

Correct, unless you are shipping to an FFL. For intrastate shipment or shipment to an FFL notification is not required. The FAQ says notification is required and it leaves out the details. Details are important.

 

[wgsigs]

Correct, unless you are shipping to an FFL. For intrastate shipment or shipment to an FFL notification is not required.

(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;

What your highlighted text here says is, that it is against the law to ship a gun interstate to anyone who is NOT a licensed importer, a licensed gun manufacturer, a licensed gun dealer (an FFL), or licensed collectors (a C&R). That doesn't exclude shipping to FFLs, but rather includes them.

BTW in response to another post, it is perfectly legal to ship a disassembled gun as parts a long as you do not include the gun frame. By law for a handgun the frame is also defined as a firearm, which is why it has the serial number on it.

A disclaimer: I am not a lawyer, don't play one on TV, and didn't sleep at a Holiday Inn Express. However, I have read the pertinent pieces of the law and followed many previous discussions on multiple forums which did include lawyers (at least they claimed to be) on this subject.

 

[ZX9RCAM]

Don't confuse "Interstate" with "Intrastate".....I thought he was shipping to somebody in Texas?

 

[wgsigs]

Yes, I believe the OP was shipping intrastate. I just thought the discussion had evolved into a generic discussion about shipping in general and notification of the carrier. As someone mentioned before, if he is shipping intrastate, then federal laws should not apply. However, the carrier's corporate policies still do, though not following them would not be breaking the law per se.

I apologize for the thread diversion. I was initially not certain the OP was talking about an intrastate sale and shipping.

 

[Bithabus]

What your highlighted text here says is, that it is against the law to ship a gun interstate to anyone who is NOT a licensed importer, a licensed gun manufacturer, a licensed gun dealer (an FFL), or licensed collectors (a C&R). That doesn't exclude shipping to FFLs, but rather includes them.

That's not at all what it says. 922 (e) is about notification to the carrier. You have to read the whole paragraph. Laws governing shipping per se are codified separately. It might be clearer to look at it with the info between comas removed:

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 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;

It is saying it is unlawful to deliver packages to the carrier for shipment in interstate commerce which contain firearms without giving notice to the carrier that a firearm is being shipped. The bit between the commas limits the scope of this. Nothing here prohibits shipping; it only mandates notification to the carrier.

 

[Chrs2fer23]

I'm so confused I think I am gonna just leave the gun in the safe......and, yes, I was asking originally about an intrastate sale.

 

[Long_Shot]

Call an FFL and just pay the man to ship it, best hassle-free way to do it.

 

[Acera]

You may unwittingly be caught up in the transfer and get busted if the carrier ships it out of state, and then back in as stated above, then you have violated federal laws.

Here is a prime example of that. Machinery destined to be shipped from Mexico to Colombia got routed through the US where customs inspected and found what they felt was contraband.

Feds Find $600,000 Stuffed In Tortilla Presses - ABC News

I think was reasonable for the shipper to expect that their cargo would never enter the US, but it did. Could end up with the same situation if you use a carrier, even if the package is just going a short distance inside the state.

Just decided I will probably never sell a handgun where the transaction will not be face to face.

 

[TexasRedneck]

Sorry....but that case may not hold up, since the destination wasn't the US the US Customs had no right (or reason) to subject it to inspection. That should have been passed through a bonded warehouse, which is considered "foreign soil" and therefore not under the perview of customs.