Shipping Laws
Back to Kel-Tec stuff
Sometimes it is required for a firearm to make a trip back to the factory
for an upgrade or repair. It is widely thought that they must be shipped
overnight (expensive), but I believe this to be incorrect. If ANYONE can
reference an exact LAW that contradicts anything on this page PLEASE
email me.
I suggest you look up the shipping laws yourself as I am no lawyer...
http://chris.cc/ups.htm
http://chris.cc/C024.PDF
http://www.atf.treas.gov/firearms/faq/faq2.htm#b7
http://www.atf.gov/pub/fire-explo_pub/2000_ref.pdf
And a some carrier rules:
http://www.thegunzone.com/ship-guns.html
But this is how I see the law....
You can not ship a hand gun through the USPS. A licenced FFL however can.
It is UPS and FedEX policy to ship hand guns over night, but it is not law
(no matter what the clerk or operator may tell you.... Ask them WHICH LAW, I bet they can't answer...).
They did this because they were having problems with employees stealing guns that
were being shipped. Instead of fixing the problem (you know going after the criminals),
they decided to make it company policy (not law) to make us (law abiding citizens) use the more expensive
overnight shipping. They did this so that it would be in their possession a shorter amount of time,
be in less of their employees hands, and be tracked more strictly.
There is also no law that says you have to TELL them it is a firearm
(if you are sending it back to the factory). So by shipping a firearm by UPS and not
using the over night shipping method, you are only violating UPS policy.
So you can send it UPS ground to KT.
also note that this part of the BATF fact sheet (one of the links above) is, in my opinion, an
incorrect interpretation of the law it cites (part in bold is incorrect).
quote:
(B9) May a nonlicensee ship a firearm by carrier?
A nonlicensee may ship a firearm by 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) and 922( e), 27 CFR 178.31]
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if you look up [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]
you will see that you are NOT required to notify the common carrier
(UPS FedEx) your package contains a firearm if you are shipping to the factory.
from:
http://www.atf.gov/pub/fire-explo_pub/gca.htm
quote:
922. Unlawful acts
(a) It shall be unlawful --
(2) for any importer, manufacturer, dealer, or collector licensed under the
provisions of this chapter to ship or transport in interstate or foreign
commerce any firearm to any person other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, except that --
(A) this paragraph and subsection (b)(3) shall not be held to preclude a
licensed importer, licensed manufacturer, licensed dealer, or licensed
collector from returning a firearm or replacement firearm of the same
kind and type to a person from whom it was received; and this paragraph
shall not be held to preclude an individual from mailing a firearm owned
in compliance with Federal, State, and local law to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector;
(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;
except that any passenger who owns or legally possesses a firearm or
ammunition being transported aboard any common or contract carrier for
movement with the passenger in interstate or foreign commerce may deliver
said firearm or ammunition into the custody of the pilot, captain, conductor
or operator of such common or contract carrier for the duration of the
trip without violating any of the provisions of this chapter. No common or
contract carrier shall require or cause any label, tag, or other written
notice to be placed on the outside of any package, luggage, or other
container that such package, luggage, or other container contains a firearm.
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and
quote:
178.31 Delivery by common or contract carrier.
(a) No person shall knowingly deliver or cause to be delivered to any
common or contract carrier for transportation or shipment in interstate
or foreign commerce to any person other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector, 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:
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notice the part "other than a ... licensed manufacturer ..."
that means you can ship to the manufacturer and you don't have to tell them.
I only have to tell UPS or FedEX that I am shipping a firearm if I am shipping to
someone OTHER THAN a licensed dealer, colloctor, blah, blah, blah...
You are not breaking any laws, just UPS policy, which means nothing to me.
EOD Guy
from The Gun Zone forum
sent me this confirmation about my opinions from a BATF letter:
http://www.1bad69.com/gallery/GunStuff/shipping/batf1.jpg
http://www.1bad69.com/gallery/GunStuff/shipping/batf2.jpg
There is no law that says it must be over night (or any specific shipping method) or
that you must tell the shipper it is a firearm, if you are shipping back to the manufacturer.
Another law was brought to my attention which still does not change anything...
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(2) It shall be unlawful for any common or contract carrier to deliver in interstate or
foreign commerce any firearm without obtaining written acknowledgement of receipt from the
recipient of the package or other container in which there is a firearm.
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This applies to SELLING a firearm to someone in another state, which is different
than sending one in for repair or upgrade.
Again, if anyone dissagrees with this PLEASE direct me to
the exact law that says it is illegal. I have not seen one (and yes I have looked).
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