BATFE Buying, Selling, & Shipping FAQ's

This is a discussion on BATFE Buying, Selling, & Shipping FAQ's within the Member Buy, Sell & Trade forums, part of the Marketplace category; Just thought these might be helpful to those of us without a FFL who buy, sell and ship firearms. (B7) May a nonlicensee ship a ...

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Thread: BATFE Buying, Selling, & Shipping FAQ's

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    Member Array jbailey's Avatar
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    BATFE Buying, Selling, & Shipping FAQ's

    Just thought these might be helpful to those of us without a FFL who buy, sell and ship firearms.

    (B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]


    A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns 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. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

    [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]



    (B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]


    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]


    (B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]


    Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.



    (B10) May a person who is relocating out of State move firearms with other household goods? [Back]


    Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.

    Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.

    [18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]


    (B11) What constitutes residency in a State? [Back]

    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

    [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]


    (B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

    If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

    [27 CFR 478.11]


    (B13) May aliens legally in the United States buy firearms?[Back]

    An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.

    See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

    [18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]




    (B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]

    Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

    [18 U.S.C. 922(x)]


    (B15) Are curio or relic firearms exempt from the provisions of the GCA? [Back]

    No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.


    (B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

    When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

    Best to 'Ya,

    Jim
    "There is no problem that cannot be solved through the proper use of high explosives"
    G. Alan Foster

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    Thanks, Jim, this will be helpful to those members buying here and elsewhere on the Internet. I'll stick this one so it is easily found.
    Bumper
    Coimhéad fearg fhear na foighde; Beware the anger of a patient man.

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    "The price of freedom is eternal vigilance." -Thomas Jefferson

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    I know I don't "need" to do any paperwork to sell to a person, but if I wanted to, what is available, if anything? I live in Washington, so if there is anyone with some specific knowledge for King County, that is really appreciated. Thanks!

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    Member Array jbailey's Avatar
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    Quote Originally Posted by motorsporting View Post
    I know I don't "need" to do any paperwork to sell to a person, but if I wanted to, what is available, if anything? I live in Washington, so if there is anyone with some specific knowledge for King County, that is really appreciated. Thanks!
    If I am the seller, I will give the purchaser a bill of sale - nothing fancy, just the item description, s/n my and the buyers name and address, etc. When I buy, I request one. Though it isn't required, it just seems that is good business to me.

    Jim
    "There is no problem that cannot be solved through the proper use of high explosives"
    G. Alan Foster

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    Senior Member Array flagflyfish's Avatar
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    Beware of shipping Ammo

    Shipping Ammunition can be a problem, after trial and error, with both UPS and Fedex, I finally took it to my FFL who has a Haz Mat permit to ship it. My point is that if you are going to sell Ammo on the forum, be advised that it may be difficult to ship it to the buyer, it may save you some embarassment.... Rex
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
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    VIP Member Array Tubby45's Avatar
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    Quote Originally Posted by jbailey View Post

    (B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]


    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]
    This statement is an error. Here is an ATF letter correcting themselves.



    Quote Originally Posted by flagflyfish View Post
    Shipping Ammunition can be a problem, after trial and error, with both UPS and Fedex, I finally took it to my FFL who has a Haz Mat permit to ship it. My point is that if you are going to sell Ammo on the forum, be advised that it may be difficult to ship it to the buyer, it may save you some embarassment.... Rex
    There is no HazMat permit to ship ammunition. You need a contract signed with UPS or FedEx for low explosives to ship black powder. For ammunition, you must ship ground and mark the outside of the package with "ORM-D". Small arms ammunition is not Haz Mat. It is "Other Restricted Material-Class D: Small Arms Ammunition". Other than the label and ground shipping, nothing more need be done.
    07/02 FFL/SOT since 2006

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    Ex Member Array Ram Rod's Avatar
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    Good info! Much needed here. We appreciate it very much.

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    VIP Member Array Tubby45's Avatar
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    I ship dozens of guns per week and a buttload of ammo too.
    07/02 FFL/SOT since 2006

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    Smile

    Thanks for the link. This is good stuff. Now, I know my rights.

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    So, I read this all correctly, if I was to sell a gun to someone outside of Colorado where I reside, I would have to ship it to a FFL in that persons state and ship it via UPS or some other carrier and inform them what was in the package.

    That about sum it up?

    Dave
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    Among others.

  13. #12
    VIP Member Array Tubby45's Avatar
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    Yes but you do not have to inform them that the package contains a firearm.
    07/02 FFL/SOT since 2006

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    Definitely good info and a should read, good thread for anyone with knowledge to add to...Thanks!
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    Hey everyone, quick question. I live in AZ and as you know you dont need to register a hand gun or have a permit. When doing a trade to someone else, what type of records should I keep? Is there some type of form the state use's for when a gun is traded?

    Thanks!

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    New Member Array 00Buck's Avatar
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    So, what are the Fed Ex and UPS "rules" in shipping firearms - specifically shotguns and rifles? Is it the same as for handguns? (For handguns they require overnight express delivery which cost and arm and a leg.)


    Thanks

    John

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