Mailing Firearms: What's Legal?

Mailing a firearm involves navigating a complex web of federal and state regulations. Directly, the answer is yes, mailing a firearm is legal, but only under specific circumstances and to certain individuals or entities. This article will delve into the permissible methods, restrictions, and crucial considerations for legally mailing firearms, ensuring compliance with all applicable laws.

The legality of mailing firearms primarily hinges on who is sending the firearm and who is receiving it. Federal law, specifically the Gun Control Act of 1968 and subsequent regulations, outlines strict guidelines for shipping firearms through the U.S. Postal Service (USPS) and private carriers like UPS and FedEx.

Who Can Legally Mail a Firearm?

Licensed Dealers, Manufacturers, and Importers

• Federal Firearms License (FFL): Only individuals or entities holding a valid FFL can legally mail firearms to other FFL holders. This is the most common scenario for firearm transfers between businesses.
• Business Purposes: Mailing must be for lawful business reasons, such as sales, repairs, or returns.

Individuals Under Specific Circumstances

• Returning Firearms After Repair: An individual can mail a firearm back to the manufacturer or a licensed dealer for repair or customization. The firearm must be returned to the original owner after the work is completed.
• Intrastate Mailing: In some states, individuals can mail firearms to themselves at a different location within the same state. This is often relevant for individuals moving or traveling long distances.

Who Can Legally Receive a Mailed Firearm?

Licensed Dealers, Manufacturers, and Importers

• FFL Holders: Similar to the sender requirements, only FFL holders can receive firearms through the mail from other FFL holders.

Individuals Under Specific Circumstances

• Original Owner (After Repair): As mentioned above, an individual can receive their firearm back after it has been mailed for repair.
• Inheritance: Receiving a firearm through inheritance is legal, but may require adhering to state-specific laws and regulations.

Methods for Legally Mailing Firearms

U.S. Postal Service (USPS)

USPS regulations are the strictest when it comes to mailing firearms. Here are the key rules: — Football Games Today On TV: Your Ultimate Viewing Guide

• Handguns: Only licensed manufacturers and dealers can mail handguns through USPS. Private individuals are generally prohibited from mailing handguns via USPS. Reference: USPS Publication 52, Section 431.3
• Long Guns (Rifles and Shotguns): Unlicensed individuals can mail long guns to licensed dealers, manufacturers, or importers within their own state. They can also mail long guns to themselves in another state where they can legally possess them. Reference: USPS Publication 52, Section 431.2
• Declaration: When mailing a long gun, you must declare that the package contains a firearm to the postal worker.
• Packaging: Firearms must be unloaded and securely packaged. The packaging should not indicate that it contains a firearm.

Private Carriers (UPS and FedEx)

UPS and FedEx have their own policies regarding the shipment of firearms, which are generally less restrictive than USPS regulations, but still require strict adherence.

• Licensed Dealers: Both UPS and FedEx allow licensed dealers, manufacturers, and importers to ship handguns and long guns to other FFL holders.
• Individuals: Individuals can ship long guns to licensed dealers or manufacturers. Some states allow individuals to ship long guns to other individuals within the same state, but this varies by jurisdiction.
• Handguns: Generally, individuals can only ship handguns via UPS or FedEx through licensed dealers. The handgun must be transferred to a dealer, who then ships it to another dealer or the recipient.
• Notification: Neither UPS nor FedEx requires you to declare that the package contains a firearm, but it's crucial to be aware of their specific policies, which can be found on their websites.
• Packaging: Similar to USPS, firearms must be unloaded and securely packaged, with no external markings indicating the contents.

Key Considerations and Restrictions

State and Local Laws

• Varying Regulations: State and local laws regarding firearm ownership, possession, and transportation vary significantly. It’s crucial to understand the laws in both the sending and receiving locations.
• Prohibited Items: Some states or localities may prohibit the shipment of certain types of firearms or accessories altogether.

Ammunition

• Separate Shipment: Ammunition cannot be mailed in the same package as a firearm. It must be shipped separately and in accordance with regulations for hazardous materials.
• USPS Restrictions: USPS has strict rules on mailing ammunition, often requiring specific packaging and labeling.
• Private Carrier Options: UPS and FedEx also have their own regulations for shipping ammunition, which should be reviewed carefully.

Prohibited Persons

• Federal Law: Federal law prohibits certain individuals from possessing firearms, including convicted felons, those with domestic violence restraining orders, and those deemed mentally incompetent. Mailing a firearm to a prohibited person is a serious federal offense.
• Background Checks: When mailing a firearm to a licensed dealer, the dealer is responsible for conducting a background check on the recipient before completing the transfer.

Documentation and Record-Keeping

• FFL Requirements: Licensed dealers must maintain detailed records of all firearm transfers, including those involving mailed firearms.
• Personal Records: While not legally mandated for individuals in most cases, keeping records of shipments, including tracking numbers and receipts, is a prudent practice.

Risks and Best Practices

Security

• Secure Packaging: Use sturdy, nondescript packaging to prevent theft or damage during transit.
• Insurance: Consider purchasing shipping insurance to cover potential loss or damage.
• Tracking: Use tracking services provided by the carrier to monitor the shipment's progress.

Legal Compliance

• Consult an Attorney: If you are unsure about any aspect of mailing a firearm, consult with an attorney specializing in firearms law.
• Verify Recipient Eligibility: Ensure the recipient is legally allowed to possess the firearm in their jurisdiction.

Common Mistakes to Avoid

• Failing to Declare: Not declaring a firearm when required by USPS is a violation of federal law.
• Improper Packaging: Using inadequate packaging can lead to damage or loss, and may violate carrier policies.
• Shipping to Prohibited Persons: This is a severe federal offense with significant penalties.

Case Studies and Examples

Scenario 1: Mailing a Rifle for Repair

John, a resident of Texas, owns a rifle that needs repair. He can legally mail the rifle to a licensed gunsmith in Texas, either through USPS (long guns only) or a private carrier like UPS or FedEx. After the repair, the gunsmith can mail the rifle back to John.

Scenario 2: Transferring Firearms Between Dealers

XYZ Firearms, a licensed dealer in California, sells a handgun to ABC Guns, another licensed dealer in Florida. XYZ Firearms can legally mail the handgun to ABC Guns using UPS or FedEx, as both are FFL holders.

Scenario 3: Interstate Transfer for Individuals

Mary, a resident of Arizona, wants to gift a shotgun to her brother, who lives in New York. She cannot directly mail the shotgun to her brother. Instead, she must ship the shotgun to a licensed dealer in New York, who will then conduct a background check on her brother before transferring the firearm. Reference: National Firearms Act (NFA) — Fisher Blue Jays: Facts, Habitat, And More!

FAQs About Mailing Firearms

1. Can I mail a handgun through USPS?

No, generally, private individuals cannot mail handguns through USPS. Only licensed manufacturers and dealers are permitted to do so.

2. What are the packaging requirements for mailing a firearm?

Firearms must be unloaded and securely packaged in a way that prevents damage during transit. The packaging should not indicate that it contains a firearm. — Arizona Vs. Kansas State: Where To Watch Wildcats Football

3. Do I need to declare that I am mailing a firearm?

Yes, if you are using USPS to ship a long gun, you must declare that the package contains a firearm. UPS and FedEx do not have this requirement, but it’s essential to review their policies.

4. Can I mail ammunition with a firearm?

No, ammunition cannot be mailed in the same package as a firearm. It must be shipped separately in compliance with hazardous materials regulations.

5. What happens if I mail a firearm illegally?

Mailing a firearm illegally can result in severe penalties, including fines, imprisonment, and the loss of your right to own firearms.

6. Can I ship a firearm to another state?

Yes, but there are restrictions. Individuals can ship long guns to licensed dealers in another state or to themselves in a state where they can legally possess the firearm. Handguns generally must be shipped between licensed dealers.

7. Where can I find the specific regulations for mailing firearms?

You can find regulations on the USPS website (Publication 52), as well as on the UPS and FedEx websites. You should also consult state and local laws, and if necessary, seek legal counsel.

Conclusion

Mailing a firearm legally requires strict adherence to federal, state, and local laws. Whether using USPS or private carriers like UPS and FedEx, understanding the regulations and potential restrictions is crucial. This article has provided a comprehensive overview of who can mail firearms, the permissible methods, key considerations, and best practices. Always prioritize legal compliance and security when shipping firearms to avoid severe penalties and ensure the safe transfer of these items.

If you're considering mailing a firearm, the next step is to:

• Consult the USPS website (Publication 52) for their regulations.
• Review the policies of UPS and FedEx regarding firearm shipments.
• Check state and local laws in both the sending and receiving locations.
• If necessary, consult with an attorney specializing in firearms law.