Question about in state transactions

[kwood]

Question about in state transactions and shipping

hey there guys
i was wondering if you could all help out with something
another member and i are trying to do our research to see if it is possible to ship a stripped AR lower from him (individual-non ffl) to me (also individual non ffl)

we know you can ship long guns, but since the AR lower can also be a pistol (which is not my intended purpose) can he still ship it to me?

any help would be most appreciated

edit: both indiana residents
edit: here is the ATF FAQ where i found my information
May a nonlicensee ship a firearm through the U.S. Postal Service?

 

[Mgderf]

Both Indiana residents?

 

[kwood]

Both Indiana residents?

correct
ill edit the original post for the others that may chime in

 

[Mgderf]

If you're both residents, your best bet would be a FTF.

If that's not possible, I'd still try to go through an FFL.

 

[kwood]

If you're both residents, your best bet would be a FTF.

If that's not possible, I'd still try to go through an FFL.

thanks for the input

 

[sloughfoot]

It is just a collection of machined parts. You are just talking about the lower, right?

 

[kwood]

It is just a collection of machined parts. You are just talking about the lower, right?

yes
stripped lower
nothing else

 

[sloughfoot]

Put it in a box, ship it off.

 

[ATM]

The lower receiver is not just a part, it is the firearm. Everything else is just parts.

It is an "other firearm", neither pistol nor rifle, so I would check into it further before shipping.

 

[Indy_Guy_77]

The lower receiver is not just a part, it is the firearm. Everything else is just parts.

It is an "other firearm", neither pistol nor rifle, so I would check into it further before shipping.

This is the rub, I think, with just an AR lower.

I'm pretty sure that the law says that long guns can be mailed between individuals (presuming proper persons) provided both are residents of IN, and the package isn't being shipped out of state (Say, to an IN resident on extended vacation in Jackson Hole, Wyoming).

But...just the lower itself isn't a rifle so I don't know how that applies to the legalities of shipping long guns between same-state residents.

-J-

 

[jedi]

wow learned something new 2day. Was not aware and 1 IN resident could ship a long gun to another IN resident within the tax. Via what carrier? No FFL required for this type of sale?

-Jedi

 

[kwood]

wow learned something new 2day. Was not aware and 1 IN resident could ship a long gun to another IN resident within the tax. Via what carrier? No FFL required for this type of sale?

-Jedi

yup
here is the ATF FAQ that i discovered it from
read the answer for....
May a nonlicensee ship a firearm through the U.S. Postal Service?
that will answer the question
but i dont know how that applies to an AR lower

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[Titanium_Frost]

Man, I have been answering threads about htis like crazy lately...

YES you can ship it UPS or FedEx or USPS if it is a rifle or rifle receiver. If it is a pistol anything BUT USPS is fine.

Legally it is the same as a face to face sale with the exception if USPS and pistols.

AND THE LOWER OR FRAME IS THE FIREARM!!!!!!!! Seperating it does not make it not a firearm. A slide is a slide, an upper an upper, and a barrel is a barrel but a serial numbered receiver is a firearm. So is a suppressor FYI.

 

[kwood]

Man, I have been answering threads about htis like crazy lately...

YES you can ship it UPS or FedEx or USPS if it is a rifle or rifle receiver. If it is a pistol anything BUT USPS is fine.

Legally it is the same as a face to face sale with the exception if USPS and pistols.

AND THE LOWER OR FRAME IS THE FIREARM!!!!!!!! Seperating it does not make it not a firearm. A slide is a slide, an upper an upper, and a barrel is a barrel but a serial numbered receiver is a firearm. So is a suppressor FYI.

so basically
as long as the (stripped) lower is not shipped with pistol lower parts.....im good to go?
i do understand that the lower is the firearm
i just wanted to make sure that since an AR lower can be a pistol or a rifle that there would be no issues

 

[Titanium_Frost]

so basically
as long as the (stripped) lower is not shipped with pistol lower parts.....im good to go?
i do understand that the lower is the firearm
i just wanted to make sure that since an AR lower can be a pistol or a rifle that there would be no issues

What was it originally built as? If it was not built as a pistol and is not marked pistol on it then it is not a pistol and you are good to go.

My would be go UPS and it wouldn't matter even if it WAS a pistol receiver. I don't ship firearms USPS but that is a personal decision.

ETA: Pistol parts are parts as long as it is not a serial numbered frame/receiver. Shipping an AR lower with a pistol buffer tube attached USPS is not advisable. Shipping a completely assembled pistol by UPS is not a problem.

 

[kwood]

What was it originally built as? If it was not built as a pistol and is not marked pistol on it then it is not a pistol and you are good to go.

My would be go UPS and it wouldn't matter even if it WAS a pistol receiver. I don't ship firearms USPS but that is a personal decision.

the lower hasnt been assembled before
to my knowledge it was an extra the guy had laying around
thanks for the input this helps a lot

 

[sloughfoot]

You guys live complicated lives.

Sure the lower has the serial number and is the firearm to the BATF, but the carrier only cares whether it is a functioning firearm. Make the distinction between the two views on this, BATF and carrier.

A lower all by itself in a sealed box could be declared as "machined parts". It should not be declared as a firearm because it isn't a functioning firearm.

It is common for handguns to be shipped as machined parts when they have been made inoperative and the parts that were removed are shipped separately from the other machined parts.

Carriers are only concerned about having dangerous items in their custody. Firearms can, and have been, shipped loaded. Machined parts are no danger to the carrier.

The original question was about shipping. My answer is the same whether he is going to ship to a FFL for a 4473 or if he is going to ship directly to the purchaser.

It does not have to be complicated.

 

[target64]

IANAL
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]
Also, as you know a lower stripped or not is considered a firearm.

 

[Otis]

shipping box

Does anyone know where I can get a shipping box for a long rifle? Thanks

 

[ryknoll3]

Check with local gun dealers or sporting goods stores. Sometimes they throw boxes away and will give them to you. You can get long boxes that you can cut down and repurpose from a Uhaul location. Also, if you have a Container Store nearby, I think they have a box that works.

I know U-line sells them, but I think you need to order a bunch.

8 x 4 x 52" FOL Side Loading Corrugated Boxes - 200 lb. test S-12650 - Uline