US Post Office Rules for shipping a rifle - need info

Started by 38-72, January 14, 2013, 06:03:39 PM

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38-72

I went to US Post Office late last week to ship a rifle to an FFL gunsmith and they informed me that I had to remove the firing pin or take the gun apart before they would ship the rifle. 

I checked their website for instructions, but couldn't find anything about disabling or taking a rifle apart before the USPS would ship the rifle.

Does anyone have a reference to a Post Office rule (or ATF) that requires the rifle to be disabled prior to shipping?

pony express

I can't give an answer to your question, since I am just a lowly rural rout carrier, and have nothing to do with deciding what ships or not.

But I can comment on the fact that there seems to be as many interpretations of rules for the postal service as there are people in management.

Maybe just call a different office and ask the rules, and just drive a little way to a different office if you get a better answer there.

Professor Marvel

My Good 38-72

according to the USPS regulations you can mail a long-gun -

refer the postal employee to the following United States Postal Regulations:
43 Firearms
431 Definitions
432 Mailability

http://pe.usps.com/text/pub52/pub52c4_009.htm#ep290147

under 432.1 we see
---------------------------------------------------
432.1 General

The following conditions apply:

   Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as "handguns") are nonmailable in the domestic mail, except as permitted in Exhibit 432.1 and DMM 601.11.1.
   The disassembled parts of a handgun or other type of nonmailable firearm that can be readily reassembled as a weapon are nonmailable, except as permitted in Exhibit 432.1 and DMM 601.11.1 or 601.11.2.
   Unloaded antique firearms sent as curios or museum pieces are generally permitted, as specified in Exhibit 432.1 and DMM 601.11.2.
   Unloaded rifles and shotguns may be mailed if the mailer fully complies with the Gun Control Act of 1968 (Public Law 90—618) and
   18 U.S.C. 921. The mailer may be required to establish, by opening the parcel or by written certification, that the gun is unloaded and not excluded from mailing because of the restrictions in 432.1b and c.
-----------------------------------
432.2 PS Form 1508

PS Form 1508, Statement by Shipper of Firearms, must be completed by each firearm manufacturer or dealer who deposits firearms for mailing. The form must be filed with the postmaster of the post office of mailing.
432.3 Packaging and Marking

No markings of any kind that indicate the nature of the contents may be placed on the outside wrapper or container of any mailpiece containing firearms. Mailable matter must be properly and securely packaged within the general packaging requirements in DMM 601.1–8.

------------------------------------
433 Mailer Responsibility

Even though certain types of firearms are permitted to be mailed within the provisions of the postal law in 18 U.S.C. 1715, it is the mailer's responsibility to comply with all federal and state regulations and local ordinances affecting the movement of firearms.
------------------------------------
434 Legal Opinions on Mailing Firearms

Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Mailers should be referred to the nearest regional ATF office for further advice (see ATF Online at www.atf.gov).
--------------------------------------
Per the BATF:
http://www.atf.gov/firearms/faq/unlicensed-persons.html#shipping-firearms-usps



    ATF Home
    Firearms
    Frequently Asked Questions
    Unlicensed Persons

Unlicensed Persons Questions

    To whom may an unlicensed person transfer firearms under the GCA?
    From whom may an unlicensed person acquire a firearm under the GCA?
    May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own State?
    May an unlicensed person obtain ammunition from an out-of-State source?
    Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
    Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?
    May a nonlicensee ship a firearm through the U.S. Postal Service?
    May a nonlicensee ship a firearm by common or contract carrier?
    May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
    May a person who is relocating out of State move firearms with other household goods?
    What constitutes residency in a State?
    May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
    May aliens legally in the United States buy firearms?
    May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?
    Are curio or relic firearms exempt from the provisions of the GCA?
    What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
    How do I obtain a classification from ATF for my "potato gun?"

Q: To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]
Q: May an unlicensed person obtain ammunition from an out-of-State source?

    Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.

    [18 U.S.C. 922(g) and (n)]
Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who —

        Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
        Is a fugitive from justice;
        Is an unlawful user of or addicted to any controlled substance;
        Has been adjudicated as a mental defective or has been committed to a mental institution;
        Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
        Has been discharged from the Armed Forces under dishonorable conditions;
        Having been a citizen of the United States, has renounced his or her citizenship;
        Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
        Has been convicted of a misdemeanor crime of domestic violence
        Cannot lawfully receive, possess, ship, or transport a firearm.

    A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

    Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

    [18 U.S.C. 922(g) and (n), 27 CFR 478.32]
Q: Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?

    Not if the firearms are received and possessed for official use only.

    The law prohibits persons subject to certain restraining orders from receiving, shipping, transporting or possessing firearms or ammunition. To be disabling, the restraining order must:

        specifically restrain the person from harassing, stalking, or threatening an "intimate partner" of the person (e.g., spouse);
        be issued after a hearing of which notice was given to the person and at which the person had an opportunity to participate; and
        include a finding that the person subject to the order represents a credible threat to the "intimate partner" or child of the "intimate partner" OR explicitly prohibits the use, attempted use, or threatened use of force against the partner.

    However, the GCA has an exception for the receipt and possession of firearms and ammunition on behalf of a Federal or State agency. Therefore, the GCA does not prohibit a law enforcement officer under a restraining order from receiving or possessing firearms or ammunition for use in performing official duties. Possession of the firearm for official purposes while off duty would be lawful if such possession is required or authorized by law or by official departmental policy. An officer subject to a disabling restraining order would violate the law if the officer received or possessed a firearm or ammunition for other than official use. (See question on officers' receipt and possession of firearms and ammunition after a conviction of a misdemeanor crime of domestic violence. The government exception does not apply to such convictions.)

    [18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]
Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

    A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

    [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: 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]
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

    Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

--------------------------------------------

I highly recommend reading the entire regulation at the link


Quote from: 38-72 on January 14, 2013, 06:03:39 PM
they informed me that I had to remove the firing pin or take the gun apart before they would ship the rifle.  

If they continue to insist upon such nonsense as the above, then I would recommend that you politely insist upon speaking to the most senior supervisor or Postmaster General.

Whenever I have to deal with ignorance at the USPS in the past, I would put on a suit & tie, bring my pocket recorder, and whilst being both extremely poolite and cordial, inform the clerk and every other Postal Emplyee who showed up that I was taping our conversation prior to beginning. I got some "looks" but everybody was suddenly on their best behaviour, and the previously "lost and untraceable" package was magically "found" .

I am not a lawyer, but I stayed at a Marriot once last year :-)

These days in our lovely rural office, we have no problems at all - our Postal Employees are both neighbors and friends, and we deliver a card and box of Christmas candy each year for the 3 lovely people.

yhs
prof marvel.
Your Humble Servant

praeceptor miraculum

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rickk

In my experience, you would make out better if you were dealing with UPS instead of USPS.

I have shipped several via UPS and had no issues.

I told them what was inside each time, and they just wanted to make sure it was protected from damage.

cpt dan blodgett

Have no clue as to the regs, but my M-1 from DCM now CMP came fully functional in the box from Anniston Alabama.

Ya ran into a jerk who does not know the regs.  There are as many jerks at the UPS counter as there are at the USPS counter.
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BILLYDIXON

I had a Jap rifle sent to me without one problem. I picked it up at the Post Office.  It was shipped from Manions to my FFL. My M1 came from the post office too. A friend of mine received his rifle while living in Wash. DC. He had to take his rifle to the DC Police to have it registered. You can own a M1 but not a Ruger 10-22. Because the Ruger can hold more than 10 rounds.I ship most firearms either UPS or Fed Ex. ;D
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Rebel Dave

You might be better off taking the gun to an FFL, and have them ship it for you. They send and receive guns all the time in the mail.
They deal with shipping all the time. You will probably have to pay shipping, plus a fee (whatever he charges).
That's what I do when I ship.

Rebel Dave

MedicineMan

Use UPS or FEDEX.
Insure for 50% over actual REPLACEMENT value.

USPS is now and forevermore a JOKE.

BTW - If you live in the "free 50", you can ship a firearm FROM yourself TO yourself 100% legally.
It's how several of my buds avoided the canadian B.S. when traveling by RV from continental states to Alaska.

John Smith

I ran into the same problem, the counter clerk first told me I couldn't mail a firearm, then I could but the firing pin had to be removed.  I happened to have the postal regulations with me, they basically say the PO can have you open the package and show the long gun is empty or I can certify in writing that it is.  The clerk was adamant and the post master wasn't in.  I later called the postmaster and she was somewhat distraught that I was going to mail a rifle.  I told her that I would certify in writing the rifle was empty but she insisted she had to check it herself.  OK. when would it be convent to come to the PO?  Anytime says she.  I show up with the cardboard exterior box, unsealed, and a hard plastic gun case inside.  I pull the gun case out, right in the lobby with several people standing around, unclasp the catches and step back.  She opens the case and looks at the 1907 Winchester inside and says "show me it's empty". I told her that she said she had to inspect it, per our conversation, and that I wasn't going to handle it inside the PO.  She then decided she would take my word for it being unloaded, I boxed it up and mailed it.  I've mailed dozens of rifle and shotguns over the years and this was the first time I've ever run across the "remove firing pin" situation.

cpt dan blodgett

Many post offices are clueless.  Not sure how this works if one cannot take a firearm into a post office as many clerks would have you believe.  I guess technically when I went to the post office in El Paso Texas to pick up my M-1 that was mailed to me by the Civilian Marksmanship Program, I did not carry a firearm into the post office, only out of the post office.  That being said Long Guns can be mailed to anyone authorized to receive them.  Handguns can only be mailed by someone with an FFL.  They need not be mailed to an FFL only someone authorized to receive them.  Ruger has mailed me back two different pistols, all perfectly legal as I owned the guns prior to sending to ruger, had to use UPS or Fedex to send to them.
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Mustang Gregg

NOPE. 
You do not have to remove firing pins or tear it down.
But it has to be unloaded.

Mustang Gregg
"I have two guns.  {CLICK--CLICK}  One for each of ya."
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paledun

I have found this to be useful in selecting a USPS location for shipping long guns.  Ask your local gun shop or FFL which Post Office location he uses.  I used the location he suggested and found them very familiar with the rules and had no problems at all for multiple shipments.  Paledun

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