BATF Shipment Rules and FAQ's......

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Mike Searson

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#41
State law still says a dealer "must" do a background check, even after it says comply with 18 USC 922. I'll be curious how the DPS and attorney general instruct the dealers when this goes into effect. Hopefully you're right and I'm wrong.
Yes and the check goes through NICS and NICS gives exemptions for CCWs, FOID cards and the like with ATF approval. We got our approval back after they sorted out the corrupt sheriffs who were taking money and not running BG checks on CCW.

The way I see it: Gus wants to sell a gun to John.
John has CCW
Both meet at FFL.
FFL logs gun into his bound book.
FFL makes note of John's CCW
John fills out 4473
FFL signs and puts in CCW information where needed (just like today when you buy a gun from dealer inventory).
John leaves with gun.

It seems cut and dry to me, just the way it is done in other states that deal with this.
 

titanNV

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#42
So, has anyone shipped a handgun from private seller to private buyer in the same state? I know legally, per ATF that is legit:
https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearm-common-or-contract-carrier
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her 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 or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.

[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
However, with FedEx specifically, per their website, they will only ship firearm if one party is licensed:
http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html
Firearms
Carrier 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:
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
Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
Carrier cannot ship or deliver firearms C.O.D.
Upon presenting the goods for shipment, the person tendering the shipment to Carrier is required to notify Carrier that the shipment contains a firearm. The outside of the package(s) must not be marked, labeled or otherwise identify that the package(s) contains a firearm.
The shipper and recipient must be of legal age as identified by applicable law.
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.
Being that it is legal per the ATF, has anyone shipped a handgun private seller to private buyer (ie no FFL involved) within the state of Nevada with any success?
 

steve

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#43
I tried once about 8 years ago. No luck with UPS or FedEx once they found out it was a handgun. I even had printed copies of the policy from each of the websites. Even had the ups manager pull his copies. Even though they allowed it they would not do it.
 

Tophog

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I tried once about 8 years ago. No luck with UPS or FedEx once they found out it was a handgun. I even had printed copies of the policy from each of the websites. Even had the ups manager pull his copies. Even though they allowed it they would not do it.
Try a different shipper. My local private store does USPS, UPS and FED-EX. I gave them a copy of the BATF rules. They have no problem shipping guns from their facility.
 
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