Getting my own pistol to Florida


Andamo

New member
Hello, first time poster with a question. I live in PA and will be moving to Florida within the year. We're looking for a home north of Tampa and at some point we're going to have to fly down for a couple of days to look at homes. I always carry and I need a good way of getting my gun to Florida so I can carry concealed down there. I'm assuming that since I'm flying down and will just have carry-on luggage for the flight, taking the gun will be a no-no. My wife's niece lives near to where we're planning on moving to and I thought maybe I could mail the gun to her, and then pick it up at her house and then have her mail it back when we return. Anybody have any other suggestions ? By the way, I have a license to carry in 39 states, but I see that Florida and PA have a somewhat reciprocal agreement in place. Thank you.
 

As I understand it you cannot mail the firearm to non FFL in another state. But you can ship the firearm to yourself care of another person (but not a handgun by mail if I read this correctly) Here's the statement from the ATF website (https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons)

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 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.
 
Any reason you don't want to check a bag? Check a bag and declare the weapon at the counter. Seems like the easiest and cheapest option. Just follow the airlines rules for such an activity.
 
So you're saying that if I check the unloaded gun, along with the ammo, into a bag that goes to the cargo hold, I'd be allowed to do that ?
 
So you're saying that if I check the unloaded gun, along with the ammo, into a bag that goes to the cargo hold, I'd be allowed to do that ?

Yes.

However, shipping a handgun to yourself in care of another person is currently impossible to do without violating Federal regulations and/or FEDEX and UPS company policies.
 
49 CFR 1540.111:

eCFR ? Code of Federal Regulations

§1540.111 Carriage of weapons, explosives, and incendiaries by individuals.

(c) In checked baggage. A passenger may not transport or offer for transport in checked baggage or in baggage carried in an inaccessible cargo hold under §1562.23 of this chapter:

(1) Any loaded firearm(s).

(2) Any unloaded firearm(s) unless—

(i) The passenger declares to the aircraft operator, either orally or in writing, before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded;

(ii) The firearm is unloaded;

(iii) The firearm is carried in a hard-sided container; and

(iv) The container in which it is carried is locked, and only the passenger retains the key or combination.


(3) Any unauthorized explosive or incendiary.

(d) Ammunition. This section does not prohibit the carriage of ammunition in checked baggage or in the same container as a firearm. Title 49 CFR part 175 provides additional requirements governing carriage of ammunition on aircraft.

49 CFR 175.10:
eCFR ? Code of Federal Regulations

§175.10 Exceptions for passengers, crewmembers, and air operators.

(a) This subchapter does not apply to the following hazardous materials when carried by aircraft passengers or crewmembers provided the requirements of §§171.15 and 171.16 (see paragraph (c) of this section) and the requirements of this section are met:

(8) Small arms ammunition for personal use carried by a crewmember or passenger in checked baggage only, if securely packed in boxes or other packagings specifically designed to carry small amounts of ammunition. Ammunition clips and magazines must also be securely boxed. This paragraph does not apply to persons traveling under the provisions of 49 CFR 1544.219.
 
New UPS and Fed Ex polcies require either the shipper or the recipient of a firearm to hold an FFL, including a type 03. If you don't have an FFL, shipping per their polcies is out. USPS is no good either.

Your only legal option is to check it with the airline.
 
always call the state police before driving through any state.

some tell you no loaded firearm, others tell you to field strip your firearm.

dioes anyone know what counties in NY and PA issue non resident carry permits?

any US citizen can get a lifetime NJ FID through the NJ State Police for $5.
 
catch 22, PA recognizes FL CCW only if you are a Florida resident.

many states issue only to residents or recognize your permit only if you are a resident.

AMTRAK allows ammo and guns in baggage for free if they are legal in departure and arrival state.

you should be able to ship FEDEX, UPS, USPS as long as you declare and secure or feild strip the fiream.
 
UPS and Fed Ex require either the shipper or receiver to be an FFL.

Fed Ex:
Firearms

Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).


UPS

Shipping Firearms or Ammunition
Shipping Firearms or Ammunition

Special Procedures for Shipping Firearms
UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies and (b) where not otherwise prohibited by federal, state or local law (i) from an individual to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual.


Only a licensed FFL (not FFL 03) may ship a handgun USPS
 
always call the state police before driving through any state.

and all you will get is the opinion of the person on the other end of the phone which may or may not resemble what the actual law is. Never ask police for legal advice. The three biggest sources of legal misinformation regarding firearms has historically proven themselves to be LEOs, gun shop employees, and CCW instructors (in no particular order).

handgunlaw.us will give you a summary of the actual statutes along with references to the actual statutes on the government websites.
 
So you're saying that if I check the unloaded gun, along with the ammo, into a bag that goes to the cargo hold, I'd be allowed to do that ?

Yes, it is very simple. Most airlines require the weapon to be unloaded and the ammo in a container designed for the transportation of ammo. The box the ammo came in is sufficient. Just make sure when you declare the weapon you say the word "weapon" or "firearm" so as not to alarm the counter attendant or other passengers in line that may overhear. For some reason the word "gun" creates tension.
Also, the firearm must be in a locked hard sided container such as the case it was in when purchased or a hard sided lockable suitcase. You will fill out a declaration form that goes inside the bag that proves you declared the firearm. Just ensure you look up the rules for whatever airlines you are using...it will be on their website. Don't take mine or anyone else's word for gospel as things do change.
 
The container must use a lock (key or combo) that only you can open. You retain the key at all times.

TSA locks are not acceptable for locking a firearm case.
 
You've been given some good advice.Let me add DO NOT FLY OUT OF OR INTO New York or New Jersey!!!!!!!!
If you want to be totally at ease find an FFL near where you will be and ship it to him. Call them first for arrangements.
UPS and Fed EX will ship your gun. If you are not an FFL they will not pick it up at your house. You cannot use a satellite location you MUST ship it from a Hub. For me the Hub s too far away but I have done just that with both carriers. The only time a gun was picked up at my house (Fed EX I think) was when I sent a gun to Ruger. (It was 2 yrs old and they replaced it. Great CS.) The way they did it was through their contract with Fed EX.
Ruger just said to box it with no markings as to content. The Fed Ex guy came and slapped the Ruger shipping label on and away it went. Due to the Ruger contract they knew what it was. Just no need to advertise it.
As far as taking it on the plane. Locked non TSA approved lock and absolutely nothing giving away the contents on the case. Depending on your regular luggage there are ways to take your locked box and lock it inside that luggage with the TSA lock. So you have your gun locked with non TSA lock in the hard case. (Pelican 1200 would work well. About 40 bucks) In turn locked in your luggage via a cable lock (non TSA) through the hinge arm if you have a hard sided piece of luggage. Hope I wasn't too confusing.
 
If you want to be totally at ease find an FFL near where you will be and ship it to him. Call them first for arrangements.

And what is the FFL in Florida supposed to do with the handgun since it is still illegal for an FFL to transfer a handgun to a person who is not a resident of the same state the FFL is doing business in? A Federal judge has ruled within the last two weeks that the prohibition is unconstitutional and that the Federal government is currently banned from enforcing the law but I bet you won't find an FFL that will violate the old law yet until the ATF OKs it..
 
That ruling for now only applies to the plaintiffs ad the defendant, Eric Holder. It has no bearing on any other courts or individuals. When it's appealed to the 5 CA, that ruling will only affect the 5 Circuit. When and if it's appealed to SCOTUS and they issue a ruling, then it would apply nationally

There is no guarantee the 5 CA will affirm the district court ruling or that SCOTUS would even grant CERT in the case. We're years away from this even remotely affecting the rest of us.

IANAL.
 
And what is the FFL in Florida supposed to do with the handgun since it is still illegal for an FFL to transfer a handgun to a person who is not a resident of the same state the FFL is doing business in? A Federal judge has ruled within the last two weeks that the prohibition is unconstitutional and that the Federal government is currently banned from enforcing the law but I bet you won't find an FFL that will violate the old law yet until the ATF OKs it..

That may be. What about some of the large SD academies? Thought I saw where they said you could ship the guns there before you come. Not too sure.
So if the gun was sent to an ffl would he have to log it in then transfer it back to the original owner when he comes to pics it up?
 
That may be. What about some of the large SD academies? Thought I saw where they said you could ship the guns there before you come. Not too sure.

That might have been true before FEDEX and UPS revised their policies. It is perfectly legal for a person to ship a handgun to themselves in another state, in care of a third party so long as the third party does not open the package - but about 2-3 years ago FEDEX and UPS revised their policies that they won't do that anymore.

So if the gun was sent to an ffl would he have to log it in then transfer it back to the original owner when he comes to pics it up?

Correct.
 
That may be. What about some of the large SD academies? Thought I saw where they said you could ship the guns there before you come. Not too sure.
So if the gun was sent to an ffl would he have to log it in then transfer it back to the original owner when he comes to pics it up?

Don't have time to research this more but I thought it was possible. Of course double check with mor research or check with your localFFL or one where you want to ship it to.

-And as an added bonus, “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.” -BATFE

http://www.thetruthaboutguns.com/2012/11/daniel-zimmerman/fact-check-shipping-firearms/

 

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