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General Categories => Laws and Legislation => Topic started by: m0par on August 19, 2010, 10:30:44 AM

Title: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: m0par on August 19, 2010, 10:30:44 AM
Kearney USPS is now refusing to ship a firearm (rifle barrel and stripped receiver) for me since I am not a manufacturer or dealer.

I thought it was within regs (ATF and USPS) for a non-licensee to ship a rifle or shotgun across state lines to a license holder via USPS.

I have done it before, (about a year ago) telling the lady at the counter that it contained a rifle. She looked at some list of restricted items, and said it is OK, and shipped it.

Now I've had 2 people today at the Kearney post office claim that only a manufacturer or dealer can mail a firearm. Heck, if the ATF is OK with it, what's up with the Kearney post office?
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: m0par on August 19, 2010, 11:04:51 AM
Well, I posted too soon. A lady from Kearney post office did call me back like she said she would, and told me that I could mail it after all, but they would need it open to inspect before accepting the package (which is an option in the regs, but not completely understandable -- since if I was shipping something illegal, I wouldn't be telling them I'm shipping a firearm ::)).

I was just a bit peeved initially at the apparently poor training the clerks received. That, and the all-too-common "oooh, it's a scary gun!" type of reaction never ceases to amaze me.

Now, do I risk shipping it through Kearney's post office? Now that I may have ruffled some feathers or hurt some feelings, I may find myself needing to submit an insurance claim and reporting a lost firearm if it should happen to disappear en route.  :) People don't like being told they don't know their own job, even when it is true, but would they stoop so low? (No, I never actually told them that they don't know what they're doing. I just said that there must be some misunderstanding, and everyone remained civil and even friendly.)

The lady at UPS here in Kearney is really nice and actually knows her stuff. Too bad they charge $$$$$$$$$$$$
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: Mudinyeri on August 19, 2010, 11:16:27 AM
From the BATF website:

Quote
(B8) May a nonlicensee ship a firearm by common or contract carrier?

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]

From the USPS website:

Quote
8.2 Basic Premise
The basic premise of the postal mailability statutes is that anything "which may kill or injure another, or injure the mails or other property..." is nonmailable. Several statutory exceptions to this rule permit mailings of otherwise nonmailable matter under specified conditions. Statutory exceptions apply to live scorpions, poisonous drugs and medicines, poisons for scientific use, switchblade knives, firearms, motor vehicle master keys, locksmithing devices, and abortive and contraceptive devices. The statutes also provide that the USPS may, by regulation, permit the mailing, under required conditions of preparation and packing, of potentially harmful matter not "outwardly or of [its] own force dangerous or injurious to life, health, or property." The standards in 8.0 summarize the statutory prohibitions and exceptions. The mailability standards that apply to perishable, hazardous, and restricted matter are detailed in 9.0, 10.0, and 12.0, respectively. Publication 52, Hazardous, Restricted, and Perishable Mail, contains additional clarification and further describes the conditions of preparation and packaging under which the USPS accepts for mailing potentially harmful matter that is otherwise nonmailable. Publication 52 also contains detailed information on the mailability of specific hazardous materials.

8.7.1 Content
Except for firearms and switchblade knives, controlled substances, radioactive materials, and motor vehicle master keys and locksmithing devices, the identity of the content of anything mailed under 8.0 through 10.0 and 12.0 must be plainly and durably marked on the address side of each mailpiece as a condition of mailing. When the content is a hazardous material as defined in 49 CFR, each mailpiece must be marked as required in 10.0.

12.1.2 Handguns
Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable unless mailed between the parties listed in 12.1.3 and 12.1.5 after the filing of an affidavit or statement required by 12.1.4 and 12.1.6.

Nothing specifically prevents the mailing of an un-concealable firearm from a non-licensee to a licensee.  I find it much simpler, however, to ship through a local FFL.  They typically get better shipping rates and are able to ship much more easily.



Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: SBarry on August 19, 2010, 11:31:50 AM
It is not the first time a counter girl has refused. According to their regs, they can face disciplinary actions if they comment on the legallity or their personal opinion.

Save yourself some trouble and make a short drive to Riverdale. John (An NFOA Member) will gladly ship it for you. And it always seems cheaper to mail it out of Riverdale.

Next time it happens, ask to speak to the post master. If you receive any hassle, contact me, I have access to the number to call to get soemone's butt in a sling.
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: Hardwood83 on August 19, 2010, 01:08:21 PM
Does it have to be USPS? I have shipped a few guns (both long & Hand) through UPS (in Omaha no less!) and they don't even blink. I would make sure to get insurance/ delivery confirmation whatever you choose.
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: m0par on August 19, 2010, 02:55:52 PM
Does it have to be USPS?

No, it didn't.  I could have used UPS. I was stupid though. After having sent 1 handgun via UPS recently (and paying $$$$ for it, since they require overnight for handguns when sent by a non-licensed person), I was mistakenly thinking at first that they would require me to send any firearm via overnight.

Price for either USPS or UPS would have been about the same, it seems.

I ended up taking it to the Riverdale post office as SBarry suggested, since the UPS customer service doesn't open until 3pm.
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: Hardwood83 on August 20, 2010, 04:20:39 PM
Glad you got resolved- just FYI, the UPS website DOES state you have to send handguns overnight but the one I shipped (only about 3 weeks ago) was 2nd day air, saving a fair amount of $$. Also it was from a UPS Store, which the website claims is a no-no.   
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: m0par on August 20, 2010, 08:08:59 PM
Glad you got resolved- just FYI, the UPS website DOES state you have to send handguns overnight but the one I shipped (only about 3 weeks ago) was 2nd day air, saving a fair amount of $$. Also it was from a UPS Store, which the website claims is a no-no.   

No fooling? Did you tell them you were shipping a handgun? (required by law, IIRC)

Before I knew better, I went to the UPS Store here and tried to ship just a barrel. They wouldn't do it. Its a metal tube. sheesh...
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: Hardwood83 on August 21, 2010, 12:32:05 PM
Glad you got resolved- just FYI, the UPS website DOES state you have to send handguns overnight but the one I shipped (only about 3 weeks ago) was 2nd day air, saving a fair amount of $$. Also it was from a UPS Store, which the website claims is a no-no.   

No fooling? Did you tell them you were shipping a handgun? (required by law, IIRC)

Before I knew better, I went to the UPS Store here and tried to ship just a barrel. They wouldn't do it. Its a metal tube. sheesh...

Nope, no fooling, shipped a handgun to a FFL out of state that way. The overnight 'requirement' was implemented as UPS policy a few yrs ago, as I understand it, because their employees were stealing so many handguns. The UPS stores are franchises so they vary greatly, I'm sure.
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: HenryPatrick on September 07, 2010, 11:49:58 PM
I have had trouble with the UPS stores not accepting firearms of any kind. I have always had to take it to the terminal. I have actually had better luck at the USPS, they ask some dumb questions sometimes, ex.  "Is the firing pin removed, and the gun unloaded?"       
Well I always ship my firearms loaded. Kidding 
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: rich17z on September 10, 2010, 11:50:57 PM
Since you are in the Kearny area,call up Cabelas and see how much they would charge you to ship it. I had the one in LaVista,Nebraska ship a handgun for me for 35.00 dollars.   rich17z
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: SeanN on September 15, 2010, 07:21:10 PM
Interesting. I shipped my Bushmaster AR-15 upper receiver assembly (barrel, rail system and all) with them and it was no problem, even told them it was a rifle upper receiver.
Title: Re: Anyone else have problems mailing a rifle through USPS (non-licensee to FFL)?
Post by: FarmerRick on September 15, 2010, 07:40:42 PM
Interesting. I shipped my Bushmaster AR-15 upper receiver assembly (barrel, rail system and all) with them and it was no problem, even told them it was a rifle upper receiver.

Those are just "parts", not a serialized firearm subject to shipping restrictions.