For the shipping that would be correct. For the transfer, well, I suppose people can do it however they want.Originally Posted by CleverNickname
I'm not a federal employee nor do I hold a federal firearms license. My FFL friend doesn't like the shipping part on his end and I don't blame him. He always tells me if I want to get him involved with the shipping just figure a hundred bucks to handle it.
Last edited by Borderland; 05-09-2021 at 09:29 AM.
In the P-F basket of deplorables.
I was of the understanding that, in order to be legally mailed via USPS, either the sender or the recipient had to be a licensed person (i.e.: an FFL or a C&R); it appears as though I was wrong.
See 431.2:
Mailers must comply with the Gun Control Act of 1968, all of the provisions of postal law in 18 U.S.C. 1715, and all other all federal and state regulations and local ordinances affecting the movement of firearms. The following also applies:
- The Postal Service may require the mailer to open parcels containing firearms or air guns or give written certification that the weapon is unloaded and not concealable.
- Short-barreled rifles or shotguns that can be concealed on the person are nonmailable.
- No markings of any kind that indicate the nature of the contents may be placed on the outside wrapper or container of any mailpiece containing firearms.
- Mailable matter must be properly and securely packaged within the general packaging requirements in DMM 601.1-7.
- Except for shipments between licensed dealers, manufacturers, or importers, all regulated firearms must be mailed using a USPS product or Extra Service that provides tracking and signature capture at delivery.
https://pe.usps.com/text/pub52/pub52c4_009.htm
Publication 52, Hazardous, Restricted, and Perishable Mail > 4 Restricted Matter > 43 Firearms
https://pe.usps.com/text/pub52/pub52c4_008.htm
I think I'm also wrong here. GCA 68 doesn't say the firearm has to be shipped by the FFL in AK, nor does it say the transfer has to be made by an FFL in AK. That stands to reason because people in AK can still do private sales without an FFL. If I'm reading this correctly the transfer can't be made in AK at all because the buyer lives in another state, but the firearm can be shipped to the purchaser's FFL in CO where he can transfer.
No wonder people just blow this stuff off, it's like IRS tax code. Where's Michael Cohen when you need him?Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
In the P-F basket of deplorables.
They're long guns not handguns, so an Alaskan FFL can transfer them to a non-Alaskan. But if the buyer does that, the problem is getting them home from Alaska to Colorado. So if the buyer's going to have to have them shipped anyways (vs taking them through Canada), there's no advantage that I can see in doing the transfer in Alaska.
I'm on board. Because the buyer happens to be in AK doesn't matter. The deal is made between seller and buyer and seller ships to a FFL in CO. No transfer takes place in AK. It takes place in CO with FFL.
I'm glad we worked this out. If nothing more it was thought provoking.
Plus someone has to pay every time an FFL touches something.
Last edited by Borderland; 05-09-2021 at 07:25 PM.
In the P-F basket of deplorables.
That's one option, but as Clever Nickname said, the AK seller and CO buyer could also go to an AK FFL, transfer the long guns to the buyer there, and then they are the buyer's guns (as if he just bought new guns from the FFL's inventory) and the buyer can get them to CO by any legal means (shipping them in various ways, checking them as baggage, driving his truck (I think) onto the Alaska Ferry, buying an airplane and flying, buying a boat and sailing to the lower 48, or possibly doing all the paperwork and driving through Canada (if Canada will allow the M1).
This is all federal law - Colorado may have it's own peculiarities.
(I have done a few variations of this over the years: 1)buy new long gun, in person, at out of state FFL, put in trunk, drive home, 2)buy privately owned long gun out of state by going to out of state FFL w/ seller, putting gun in trunk, driving home, 3)taking my long gun to out of state FFL where FFL transfers it to out of state buyer, 4)same but for handgun (it's OK for anyone, including me, to transfer gun to out of state FFL, and it's OK for the buyer because he's doing the transfer at an in-state (for him) FFL, and 5)the very common buy-from-Davidsons/Buds/whoever and have them send it to an in-state FFL who transfers it to me)
Reply With Quote