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Question about transporting a handgun across state line:
JN Roberts | 01/12/2012 | JN Roberts

Posted on 01/12/2012 6:23:34 AM PST by JNRoberts

So, does anyone know how I can legally get this handgun from California to me in Texas without me having to drive there to pick it up?


TOPICS: Travel
KEYWORDS: handgun
Lots of knowledge on this forum about everything so I thought I would ask a question about transporting a handgun from California to Texas.

My brother lives in California and he's going to give me a .38 special. He wants to buy a bigger handgun.

I seem to be getting a variety of answers on what is legal and not legal about how to get that gun to me. Clearly, it cannot be mailed regular mail and so that leaves UPS, Fed Ex, etc. (a private carrier).

Then I read for handguns it has to be mailed to a dealer, or licensed holder, etc.

I am not licensed yet and my brother in CA is not licensed, he keeps it his home only.

So, does anyone know how I can legally get this handgun from California to me in Texas without me having to drive there to pick it up?

Thanks!

1 posted on 01/12/2012 6:23:41 AM PST by JNRoberts
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To: JNRoberts

Give it to the BATFE and meet them in Ciudad?

/wiseass


2 posted on 01/12/2012 6:26:33 AM PST by Cletus.D.Yokel (Islam is a tyrannical and violent POLITICAL ideology and has nothing to do with "religion".)
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To: JNRoberts
The only legal way to do it is by a transfer from dealer to dealer. Pretty much any dealer will do the transfer. It will cost you at both ends, but not very much.

You might also find out if any of your friends or coworkers has an FFL and would be willing to do it gratis.
3 posted on 01/12/2012 6:27:21 AM PST by Sudetenland (Anybody but Obama!!!!)
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To: JNRoberts

For a fee you brother can have a dealer in CA mail it to a dealer in your neighborhood. Simple!


4 posted on 01/12/2012 6:27:43 AM PST by eastforker (I'll pick Rick but I still root for Newt.)
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To: JNRoberts
There may be special rules in CA, so beware.

But federal law requires you to use an FFL holder. Your brother will have to find one in CA to ship it, and I think he has to ship it to another FFL holder near you. Then, you go pick it up.

I'm sure there is someone that has done it. One issue is getting someone to actually ship it. Some of the shipping companies refuse to accept firearms. But, an FFL will be able to help you there.

5 posted on 01/12/2012 6:27:56 AM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: Cletus.D.Yokel

>>>Give it to the BATFE and meet them in Ciudad?

/wiseass>>>

Made me LOL! :)


6 posted on 01/12/2012 6:28:06 AM PST by JNRoberts
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To: JNRoberts

FFL dealer in Kalifornia to FFL dealer in TX. They may charge you a few bucks but it beats driving there. As far as I know that is the only “legal” way to do it. Or get holder to make a deal with you. NOT LOL!


7 posted on 01/12/2012 6:28:46 AM PST by rktman
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To: justlurking

Good info, Thanks so far everyone. Looks like I need to find some dealers.


8 posted on 01/12/2012 6:29:35 AM PST by JNRoberts
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To: JNRoberts

Or you can just fly out there and bring it back on the plane in checked baggage in a locked case!


9 posted on 01/12/2012 6:30:43 AM PST by eastforker (I'll pick Rick but I still root for Newt.)
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To: JNRoberts

The FFL Holder Network is designed to make it easier for a buyer to get in touch with an FFL holder in his local area that is willing to manage the transfer of his firearms purchase. The FFL holder will typically charge a nominal fee for providing this service. In addition to the fees listed, the FFL holder may be required by law to collect sales tax, background check fees, or other transfer-related fees.

http://www.gunbroker.com/FFL/DealerNetwork.aspx

This is for a gun auction site, but the FFL holders will almost certainly work with you once you select someone local to you. Go to the site, put in your zip code and look through the list of those close by.


10 posted on 01/12/2012 6:30:47 AM PST by thackney (life is fragile, handle with prayer)
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To: JNRoberts

Simplest way (unless it has sentimental value).

Have him go to a gun show and sell the gun.

Buy another here in TX, there are plenty here.


11 posted on 01/12/2012 6:33:48 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: JNRoberts

Also, if it’s just a .38 revolver, it would be almost as cheap to buy one like it here in your home state. Revolvers generaly speaking are not expensive!


12 posted on 01/12/2012 6:33:52 AM PST by eastforker (I'll pick Rick but I still root for Newt.)
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To: Sudetenland

This raises another question...

Even though it’s a transfer between 2 private individuals, since it passes through a licensed dealer does he (FFL holder) have any legal obligation to make sure you are legal to possess that gun?


13 posted on 01/12/2012 6:34:02 AM PST by digger48
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To: eastforker
Or you can just fly out there and bring it back on the plane in checked baggage in a locked case...

if you never want to see it again...

14 posted on 01/12/2012 6:35:09 AM PST by mikeus_maximus
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To: JNRoberts

Shipping Firearms

Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL. Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing. An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received. Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.

A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.

Firearms or ammunition delivered to a common carrier for shipment must be accompanied by a written notice to the carrier of the contents of the shipment.

http://www.nraila.org/gunlaws/federal/read.aspx?id=60


15 posted on 01/12/2012 6:35:36 AM PST by thackney (life is fragile, handle with prayer)
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To: JNRoberts

Check the various state laws. My dad lives in Virginia and has a condo in Western Pennsylvania. He has to drive 45 minutes out of his way to clear the Western end of Maryland to legally take his gun to the condo.


16 posted on 01/12/2012 6:36:56 AM PST by wolfman23601
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To: JNRoberts

Before your local FFL releases to you he may have to run a background check


17 posted on 01/12/2012 6:41:11 AM PST by Clay+Iron_Times (Psalms 118:9)
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To: JNRoberts

What ever happened to mailing it a piece at a time? Send it in 4 separate packages. Frame, cylinder, grips, and trigger mechanism.


18 posted on 01/12/2012 6:43:50 AM PST by Bringbackthedraft ( WHO YOU ELECT IS NOT AS IMPORTANT AS WHO THEY APPOINT!)
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To: Bringbackthedraft

One of those pieces is classified as the actual “firearm” - the rest are just “accessories.”

You’ll still need an FFL to transfer the one piece that is classified as the actual “firearm.” In this case, it is probably the trigger mechanism.


19 posted on 01/12/2012 6:47:26 AM PST by bolobaby
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To: digger48

Don’t know the specifics of the laws, but I would think so. You’ll just have to ask them, but any firearms transfer probably requires an instant background check.


20 posted on 01/12/2012 6:56:06 AM PST by Sudetenland (Anybody but Obama!!!!)
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To: Bringbackthedraft; bolobaby

On a revolver, the frame is the gun. It is the piece which requires FFL transfer. For most rifles, it is the receiver (AR’s it’s the lower) whatever actuates the ammo is the firearm.


21 posted on 01/12/2012 7:02:02 AM PST by Sudetenland (Anybody but Obama!!!!)
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To: JNRoberts

Fly in full burqa. Or just drive and enjoy the view of the USA while you still have a chance to see it without TSA checkpoints on the roads.


22 posted on 01/12/2012 7:12:15 AM PST by Lady Lucky (A tea party in name only is worse than no tea party at all.)
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To: digger48

I would say Yes. Why would the law require FFL’s be involved. It is best to check State and Federal Gun Laws. The penalties are severe for violations. 5 years in prison and $5,000, is one example. The FFL will certainly know his responsibilities. I bought a book at a gun show here in Florida, written by a lawyer/member of the NRA. It is a great guide. Don’t be ignorant of the law, it is never an excuse.


23 posted on 01/12/2012 7:19:40 AM PST by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
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To: JNRoberts
My daughter recently purchased a gun as a gift for me. She took it to UPS and, after declaring that the gun was unloaded, she was permitted to ship it to my FFL in Kalifornia, who has assured me that no FFL in the originating state is required for a personal transfer.

You can expect to get different rules depending upon which UPS office you use and which employee waits on you.

My daughter was able to ship after "disassembling" the gun and shipping it in two packages. Neither of the packages was required to be second-day air, signature required, as I believe is UPS policy.

The receiving FFL can supply a code number which permits his FFL to be verified online. This is a good thing to have to assure UPS that the gun is being shipped to an FFL. Make sure that your receiving FFL is willing to do the transfer and follow his directions.

24 posted on 01/12/2012 7:22:53 AM PST by William Tell
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To: bolobaby
You’ll still need an FFL to transfer the one piece that is classified as the actual “firearm.” In this case, it is probably the trigger mechanism.

No, it's the frame that is considered a firearm.

25 posted on 01/12/2012 7:54:30 AM PST by Inyo-Mono (My greatest fear is that when I'm gone my wife will sell my guns for what I told her I paid for them)
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To: JNRoberts; Sudetenland

I agree with Sudetenland. That’s how my son did it. He had it shipped to the gun shop across the street from his home. No problem.


26 posted on 01/12/2012 8:01:24 AM PST by TennesseeGirl
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To: Sudetenland

What if it is your Gun and you have multiple houses in 2 different States, 2 in Kalifornia and 1 in Arizona, Have purchased Firearms in Ca previously and Purchased in AZ recently. Can I “legally” Transport from one home to another??


27 posted on 01/12/2012 8:08:55 AM PST by eyeamok
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To: JNRoberts

I had to deal with this issue a few years ago and both researched on the BATFE site and called BATFE to confirm. Then I read the statute.

FFL to FFL is clearly allowed. Each takes their cut. Where I live, the cut is so large that it would be close to half the value of a normal used .38spl revolver to do the transfer. Add in shipping and insurance, and you’re over half the value.

If the owner is permitted to possess the gun in another state (e.g., don’t take an unlicensed gun into MD), then the owner can transfer directly to an FFL in the foreign jurisdiction while physically present there. The FFL can then sell to whomever the FFL wants, including the person who comes in with the owner. This makes sense since the big deal is making sure the gun is shipped only to an FFL and that the background check gets done when the FFL transfers to the 3d party.

Finally, you’re always allowed to ship a gun directly to an FFL. From the BATFE website faq: “ 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]

Additionally, the only requirement I’ve been able to find for transfer is that you need a FFL in the buyer’s state — there doesn’t seem to be anything requiring the seller / owner to ship the firearm through an FFL in the seller’s state:

“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)]

Do your own research though — it may be hard to get FFLs to help you because many of them are ignorant of the transfer provisions or they are so legitimately scared of BATFE being arbitrary and capricious in interpreting its own rules that they will insist on the clearly safe FFL to FFL transfer.

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer


28 posted on 01/12/2012 8:11:11 AM PST by FateAmenableToChange
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To: JNRoberts

One more thing. The one thing you CANNOT do is drive to CA to pick up his handgun. You can buy rifles and shotguns from FFLs in other states. All handgun transactions between residents of different states must pass through an FFL.


29 posted on 01/12/2012 8:14:01 AM PST by FateAmenableToChange
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To: JNRoberts

When I had to drive from Nevada to Alaska I had a couple of handguns, I had a person and an address in Alaska to send parcels.

So I stripped the guns into various bagged components and mixed them into a shipment of hobby tools and HO railroad trains. Sent them by UPS. Not a problem.

Nowadays I would use several shipments of “machine tools” and don’t forget to add some machine tools to the shipment.


30 posted on 01/12/2012 8:18:14 AM PST by Eye of Unk (NO Romney,NO way)
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To: JNRoberts

You have gotten good answers to your question, but I just wanted to add: The NRA crafted the laws that are the problem to your question. They even coined the phrase “sensible gun control” that the Brady Bunch uses while doing it.


31 posted on 01/12/2012 8:22:40 AM PST by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: JNRoberts
Last time I transferred a rifle from a private, in-state, sale no Cal. FFL would do it unless both parties were present at his shop. Between the two of us we drove about 240 total miles.

Less than a year prior to that one of those dealers had done a transfer from an out of state manufacturer to me without any qualms.

No matter what the law says you need to talk with FFL at both ends to see what's going on at the time.

32 posted on 01/12/2012 8:25:14 AM PST by norton
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To: Eye of Unk
So I stripped the guns into various bagged components and mixed them into a shipment of hobby tools and HO railroad trains. Sent them by UPS. Not a problem.

Did you do this after 1968? If so, you broke the law by shipping a receiver/frame without sending it to an FFL.

Please follow the laws, people. I hate the BATFE as much as the next gun owner, but you don't want them busting down your door, stomping your cat to death, and killing your pregnant wife.

33 posted on 01/12/2012 8:36:36 AM PST by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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To: Sudetenland; Inyo-Mono; Bringbackthedraft

Ah. I was going with the fact that on an AR they consider the lower receiver the firearm, which contains the trigger mechanism.

So count that as an educated guess.


34 posted on 01/12/2012 8:43:29 AM PST by bolobaby
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To: backwoods-engineer

OK, I apologize dear BATF, I would hate to be on their Santa bad boy list. And I would hate to see my kitties shot and stomped on by their over eager recruits as well and posted on facebook.


35 posted on 01/12/2012 8:51:39 AM PST by Eye of Unk (NO Romney,NO way)
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To: eyeamok

Check your state laws—always check your state laws before you do anything. If NYC’s arrest of the marine tells you nothing else, it should tell you that in spades.


36 posted on 01/12/2012 8:52:05 AM PST by Sudetenland (Anybody but Obama!!!!)
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To: backwoods-engineer
As long as people cower and comply with every stupid over reaching intrusive "law" that our Over Lords decide to annoy us with, we will continue to be peons who must jump at their whim.

I saw an article the other day where some people actually followed a law and asked permission to save a dying sea turtle they found. The thing was suffocating on a blow fish, and they sat around asking for permission?

People are so busy trying not to anger the powers that be that we have ceased to be thinking individuals who have control over our own lives.

I don't blame you for thinking the way you do; no one wants their cat stomped. But we live in a reality where people behave the way the government wants BECAUSE they have been threatened with violence/bankruptcy/imprisonment if they don't. Is that the America we want?

Now back to your regularly scheduled thread topic. :)

37 posted on 01/12/2012 9:15:40 AM PST by teenyelliott (Obama warned if he loses the election it could herald a new, painful era of self-reliance)
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To: backwoods-engineer
As long as people cower and comply with every stupid over reaching intrusive "law" that our Over Lords decide to annoy us with, we will continue to be peons who must jump at their whim.

I saw an article the other day where some people actually followed a law and asked permission to save a dying sea turtle they found. The thing was suffocating on a blow fish, and they sat around asking for permission?

People are so busy trying not to anger the powers that be that we have ceased to be thinking individuals who have control over our own lives.

I don't blame you for thinking the way you do; no one wants their cat stomped. But we live in a reality where people behave the way the government wants BECAUSE they have been threatened with violence/bankruptcy/imprisonment if they don't. Is that the America we want?

Now back to your regularly scheduled thread topic. :)

38 posted on 01/12/2012 9:17:59 AM PST by teenyelliott (Obama warned if he loses the election it could herald a new, painful era of self-reliance)
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To: teenyelliott; Eye of Unk
As long as people cower and comply with every stupid over reaching intrusive "law" that our Over Lords decide to annoy us with, we will continue to be peons who must jump at their whim.

Guilty as charged. You're right. And I myself regularly violate little malum prohibitum laws that I find inconvenient.

Yes, we should fight back. But how? The whole GCA '68 should be repealed, as amended, along with the '34 NFA. But HOW? Presidents, Congresscritters and Senators just keep piling on more and more gun laws. We can't even buy a piece of metal milled in 1987 or later, because it violates some idiot law which itself infringes the 2nd.

Still, I don't want to be gunned down by the ATF after they stomped my cats, killed my dogs, and brain-shot my wife.

But I don't know any other way to avoid that than to just go along with their stupid rules right now.

Ideas?

39 posted on 01/12/2012 10:50:13 AM PST by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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To: teenyelliott; Eye of Unk
As long as people cower and comply with every stupid over reaching intrusive "law" that our Over Lords decide to annoy us with, we will continue to be peons who must jump at their whim.

Guilty as charged. You're right. And I myself regularly violate little malum prohibitum laws that I find inconvenient.

Yes, we should fight back. But how? The whole GCA '68 should be repealed, as amended, along with the '34 NFA. But HOW? Presidents, Congresscritters and Senators just keep piling on more and more gun laws. We can't even buy a piece of metal milled in 1987 or later, because it violates some idiot law which itself infringes the 2nd.

Still, I don't want to be gunned down by the ATF after they stomped my cats, killed my dogs, and brain-shot my wife.

But I don't know any other way to avoid that than to just go along with their stupid rules right now.

Ideas?

(format error corrected)

40 posted on 01/12/2012 10:52:36 AM PST by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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To: JNRoberts

Unload and lock in the trunk (if there is one). Then don’t speed...you’ll be fine.


41 posted on 01/12/2012 4:43:18 PM PST by BobL ("Heartless" and "Inhumane" FReepers for Cain - we've HAD ENOUGH)
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