Mail My Son A Gun? - Page 4
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Thread: Mail My Son A Gun?

  1. Quote Originally Posted by S&W645 View Post
    A non-FFL can send a handgun directly to a manufacturer via FedEx or UPS and to certain others but not to a private individual by law. The manufacturer can send it directly back as the gun is already yours.
    The certain others...a non-FFL can ship a handgun directly to any "licensed importer, licensed manufacturer, licensed dealer, or licensed collector" in any state (not limited to just manufacturers. [18 USC 922 (a)(5)]. Which means in this case the father could ship the firearm directly to the Illinois FFL without using a dealer on the father's end. However, in the case of handguns, it's usually cheaper to allow an FFL to mail it via US Post Office which is against postal regulations for a non-FFL to do.

    The reason the manufacturer can ship the gun directly back to the individual is because it is a specific exemption allowed by law [18 USC 922 (a)(2)(a)]:"(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;"

    The reason for the exemption is probably because there is no transfer of ownership occurring.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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  3. #32
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    Quote Originally Posted by NavyLCDR View Post
    The certain others...a non-FFL can ship a handgun directly to any "licensed importer, licensed manufacturer, licensed dealer, or licensed collector" in any state (not limited to just manufacturers. [18 USC 922 (a)(5)]. Which means in this case the father could ship the firearm directly to the Illinois FFL without using a dealer on the father's end. However, in the case of handguns, it's usually cheaper to allow an FFL to mail it via US Post Office which is against postal regulations for a non-FFL to do.

    The reason the manufacturer can ship the gun directly back to the individual is because it is a specific exemption allowed by law [18 USC 922 (a)(2)(a)]:"(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;"

    The reason for the exemption is probably because there is no transfer of ownership occurring.
    Another group under the "certain others" is the FBI or ATF and gov't in general. But the last paragraph of your quote is not correct. Red area in it. An individual cannot legally mail a handgun to anyone. Why? Because they do not meet the requirements of DMM 601.12.1.3 or 601.12.1.5. PS Form 1508 which is found in 601.12.1.6 requirement states
    This form can only be used by manufacturers or dealers of firearms.

    Statement by Shipper of Firearms


    The undersigned is a manufacturer of firearms or bona fide dealer therein, and the parcels presented for mailing
    herewith are customary trade shipments or other articles for repair or replacement of parts. To the best of my
    knowledge and belief, the addresses are manufacturers of firearms or bona fide dealers therein.

    And by the way, 432 Mailability , has a major error. It isn't DMM 601.11.1 that applies. It is DMM 601.12 that applies.
    NRA Certified Pistol Instructor
    NRA Certified RSO
    Normal is an illusion. What is normal to the spider is chaos to the fly.

  4. #33
    Quote Originally Posted by S&W645 View Post
    I'm A far piece away from you. Like 5.5 hours away. Gun shop is in Homestead.
    Well Dagnabit. Ever see the Dolphin or Killer Whale show at the Miami SeaQuarium? My Cousin used to do the shows there. Marcia Davis was her maiden name. I haven't seen her in years!
    A well regulated militia, being necessary to the security of a free state,
    the right of the people to keep and bear arms, shall not be infringed.

  5. Quote Originally Posted by S&W645 View Post
    Another group under the "certain others" is the FBI or ATF and gov't in general. But the last paragraph of your quote is not correct. Red area in it. An individual cannot legally mail a handgun to anyone. Why? Because they do not meet the requirements of DMM 601.12.1.3 or 601.12.1.5.And by the way, 432 Mailability , has a major error. It isn't DMM 601.11.1 that applies. It is DMM 601.12 that applies.
    No, the paragraph I quoted is exactly correct. Read it again and note the part that I have highlighted this time:

    Quote Originally Posted by NavyLCDR View Post
    The reason the manufacturer can ship the gun directly back to the individual is because it is a specific exemption allowed by law [18 USC 922 (a)(2)(a)]:

    "(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;"
    The paragraph is exactly correct as written. It is not 18 USC 922 (a) or (b) that prohibits (precludes) the mailing of a handgun by a private party. That prohibition is contained in an entirely different document, the Domestic Mail Manual.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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