MA resident selling to NY resident

[gillis51]

I am a Massachusetts resident and would like to sell a hand gun to a NY city resident. The gun is being sold with 8 round mags only. I understand it has to go to his FFL. I have teh following questions.
1) Do I need to use an FFL on my end.
2) What forms do I need to fill out (my side and their side)
3) The gun needs to go UPS or Fed Ex next day air correct
4) Anything else I may be missing.

Thanks

 

[vellnueve]

1) No, if his FFL will accept the shipment from a non-FFL (not all will)
2) Nothing, although if you go through an FFL on your end I'd get a receipt.
3) Yes

 

[gillis51]

How do I verify that is going to a real FFL. Obviously I'll request a copy of his FFL number but is there a way to check the number

 

[JonJ]

Get a copy of the FFL not just the number and check it here:
https://www.atfonline.gov/fflezcheck/

 

[jdubois]

Get a copy of the FFL not just the number and check it here:
https://www.atfonline.gov/fflezcheck/

And if there's any discrepancy between the data on the FFL certificate and the data from the EZcheck, or you're asked to ship it to an address other than the one listed and EZchecked, run away.

 

[Sigmond]

Hey, thanks for that link to the ATF site. Didn't know you could check FFL's

 

[vellnueve]

You can check some types of FFL. It doesn't let you check 03s.

 

[RKBA]

NYC Resident buyer

That's one determined NYC resident, and/or you must have a great pistol that the buyer really wants. It's not your issue, but the buyer will need a purchase authorization from the NYPD for the specific make, model, caliber, barrel length, etc. of that handgun before he/she will be able to actually take possession from the NY state FFL on their end. As (i) the NYC resident can only apply for a purchase authorization after 90 days from the date of his or her last purchase, and (ii) the NYPD is currently running anywhere from 45-60 days (or more) to process each such request (and yes, Virginia, they expire 30 days from issuance if not used, whereupon they must be physically returned to 1 Police Plaza), your buyer must really be motivated.

Oh, and the receiving NY FFL must be willing to secure the handgun in his/her safe while all this nonsense is going on.

Oh, and once he or she takes possession from the NY FFL, the buyer has 72 hours to have the handgun inspected at 1 Police Plaza (between the hours of 10AM and 2PM only, excluding weekends, holidays, election days, etc.), so that it can then be added to his or her license.

It's so crazy, I can't believe anyone puts up with it. I can't believe I put up with it. I've got to get out of this place.

 

[FPrice]

3) The gun needs to go UPS or Fed Ex next day air correct

NO!

You can use USPS Express Mail. IF the FFL has an account set up at the local PO. I have mailed many guns through my FFL this way and have never had a problem. And it costs less that UPS or FedEx.

 

[appraiser]

432 Mailability
432.1 General

The following conditions apply:

1. 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.
2. 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.
3. Unloaded antique firearms sent as curios or museum pieces are generally permitted, as specified in Exhibit 432.1 and DMM 601.11.2.
4. 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.

Exhibit 432.1

Mailability Requirements for Firearms



Unloaded Handgun

Handguns — e.g., pistols, revolvers, and other firearms capable of being concealed on the person — are nonmailable UNLESS mailed by a licensed manufacturer of firearms, or a licensed dealer of firearms, or an authorized agent of the federal government or government of a state, territory, or district, and ONLY when addressed to a person in one of the following categories for use in the person’s official duties AND upon filing the required affidavit or certificate, as applicable (see DMM 601.11.1.3–7):

1. Addressee: Officer of Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the commanding officer.
2. Addressee: Officer of National Guard or militia of a state, territory, or district.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the commanding officer.
3. Addressee: Officer of the federal government or a state, district, or territory whose official duty is to serve warrants of arrest or commitment.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
4. Addressee: Postal Service employees specifically authorized by the Chief Postal Inspector.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
5. Addressee: Officer or employee of a U.S. enforcement agency.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of the agency employing the addressee.
6. Addressee: Watchman engaged in guarding federal, state, district, or territory property.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by chief clerk of department, bureau, or independent branch of the government agency employing the addressee.
7. Addressee: Purchasing agent or other designated member of an enforcement agency employing officers and personnel included in c, d, or e above.
Affidavit or Certificate Requirements: Mailable with affidavit signed by addressee and certificate signed by the head of agency stating the firearm is to be used by an officer or employee cited in c, d, or e above.
8. Addressee: Licensed manufacturers and dealers of firearms.
Affidavit or Certificate Requirements: Signed statement on PS Form 1508, Statement by Shipper of Firearms.

The mailer must be a licensed manufacturer or dealer mailing to another licensed manufacturer or dealer.

Handguns may be mailed without regard to the requirements noted in items a–h if the addressee is the FBI (or its Director) or a scientific lab or crime detection bureau of any agency whose members are federal law enforcement officers, or state, district, or territory officers authorized to serve warrants of arrest or commitment.

Manufacturers or dealers must complete PS Form 1508, Statement by Shipper of Firearms, and file with the postmaster.

Postmasters may forward an unsatisfactory mailer statement to their PCSC for a ruling.

 

[vellnueve]

NO!

You can use USPS Express Mail. IF the FFL has an account set up at the local PO. I have mailed many guns through my FFL this way and have never had a problem. And it costs less that UPS or FedEx.

Doesn't even need to be express mail. Priority is good enough. Heck, you could send it Parcel Post if he's not in a hurry.

 

[appraiser]

I'm assuming express and priority are "domestic mail"


. "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."

Unless you are a FFL or manufacturer, or otherwise allowed by 432.1 which I doubt applies to the OP, I would caution against mailing a handgun via the U.S. Mail.

Any postal employees care to chime in?

 

[appraiser]

http://www.atf.gov/firearms/faq/faq2.htm

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

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)]

 

[vellnueve]

I'm assuming express and priority are "domestic mail"


. "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."

Unless you are a FFL or manufacturer, or otherwise allowed by 432.1 which I doubt applies to the OP, I would caution against mailing a handgun via the U.S. Mail.

Any postal employees care to chime in?

If you read FPrice's post, he's specifically referring to sending it via your FFL. Even with a service fee it's still cheaper than sending it yourself.