Mail My Son A Gun?

[Kramer1113]

Is it legal to mail a gun to your child?
I'm in Florida, he is in Illinois.
It was his gun when he lived here. He's 33 years old by the way.

 

[NavyLCDR]

Simple answer to your question is no. It would violate multiple Federal laws and, probably a few Illinois state laws.

If it is a handgun, you can ship the handgun to an Illinois FFL for transfer to your son via Fedex or UPS.

If it is a rifle or shotgun, you can mail the rifle or shotgun to an FFL for transfer to your son via US Post Office (or Fedex or UPS).

You can also take the firearm to an FFL in your state and they can ship the gun to an FFL in Illinois. That might be the cheapest way to do it if the gun is a handgun.

 

[NavyLCDR]

Someone is going to come on and post, "It's your son, just hand him the gun and be done with it!" If you follow that advice, both you and your son will commit Federal felonies, violating separate sections of Federal law. Read 18 USC 922 (a)(3), (a)(5) and (b)(3):

18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

18 USC § 922 - Unlawful acts
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides

 

[Fyrewerx]

Does that apply if "it was his gun when he lived here (Florida)"?

 

[wyobud]

Next time you go and visit him, take the gun and give it back to him. (period)

 

[SpiritUSA]

My suggestion is that you should go directly to a USPS office. USPS personnel will give you the exact method by which you may legally "mail"/"ship" your son's handgun to him. Make sure when you inquire that you tell the person that the gun belongs to your son.

The basic USPS rule (from Link Removed

"There are rules and restrictions for what can and can’t be mailed.
This list is not exhaustive, but in most cases, you can’t send…

• Alcohol – Alcoholic beverages (beer, wine, or liquor) are not considered hazardous but can’t go in the mail. If you’re reusing a box displaying alcohol brands, all logos and labels need to be completely removed.
• Perfume − Perfume containing alcohol is prohibited on air transportation, and can only be shipped domestically via surface transportation. Perfume containing alcohol is prohibited in international shipments.
• Prescription Drugs – Prescription medications can only be mailed by Drug Enforcement Administration (DEA) registered entities. Similar regulations may apply to over-the-counter medications.
• Firearms – Only licensed manufacturers and dealers can mail or receive handguns. And even though unloaded rifles and shotguns are mailable, mailers must comply with all applicable regulations."
  

 

[S&W645]

Next time you go and visit him, take the gun and give it back to him. (period)

Very wrong. As soon as he drives into IL he can be arrested for not having a FOID from IL and having the gun. .

 

[xhawkx]

Well the answer to your exact question, without all those who are telling you NO absolutely NOT. They are incorrect. YES, you can mail your son a firearm through the mail system.Those who are saying NO, probably get in their cars get on the highway and never speed.

There are 2 forms to fill out and away you go. I am a collector and after conversing with all the major players in the shipping world they shake their heads and laugh. BUT, and BUT, if you feel insecure call your local UPS or FedX or online and D/L the forms.

 

[xhawkx]

So, if I am getting this correctly, the feds will be watching and waiting for HIM to cross state lines,hmmm. Some of the brothers here are looking at the legality angle, much like many years ago crossing from Cali to NM ,I inadvertently left a tomato in a cooler. They took me out of the car and the Fed LEO almost arrested me for bringing a fruit across state lines (Cali was in a Fruit Fly Crisis). So that said, if you have the ability, take the weapon apart, only a Dickhead LEO will bust your monkey.

 

[WB9IIE]

Very wrong. As soon as he drives into IL he can be arrested for not having a FOID from IL and having the gun. .

:nono:NOT TRUE! If you are a Florida resident and visiting Illinois, you may transport a firearm. Check with someone from Illinois on this, but I believe the gun must be in a locked container in the trunk of the vehicle and the ammunition carried in another location of the vehicle. Illinois can NOT prevent an out of state resident from transporting a weapon, but they do make it as difficult as possible.

 

[davcommander]

Well the answer to your exact question, without all those who are telling you NO absolutely NOT. They are incorrect. YES, you can mail your son a firearm through the mail system.Those who are saying NO, probably get in their cars get on the highway and never speed.

There are 2 forms to fill out and away you go. I am a collector and after conversing with all the major players in the shipping world they shake their heads and laugh. BUT, and BUT, if you feel insecure call your local UPS or FedX or online and D/L the forms.

Only problem with this post xhawkx is; UPS/FedEx/DHL etc. are shippers. You do not mail through a shipper, you ship. When you MAIL something you use the USPS (United States Postal Service). A governmental agency that has different federal rules for sending things than do private companies such as those I earlier listed. You are very correct and that there are forms that a shipper may use to SHIP via the carriers that allow firearms to ship, but you can not mail.

 

[davcommander]

Are you not assuming that the son did not obtain and FOID prior to the gun being sent?

 

[davcommander]

I do see a way around this one though CDR. It is his gun, he owns it. It is not one that is being transferred to him. So, providing there is no reason he may not legally own/possess a firearm, if upon his next visit home, he were to simply ensure it is not loaded nor is there ammo in any mag that might go with it, secure it in a locked gun safe such as a Gunvault Nano than lock the safe in the trunk of his vehicle, he could simply take it home himself. It is my understanding IL will require him to register the gun in his home state of IL, but under this scenario, he should be able to get the gun home. Obviously, should his parent simply ship it to him legally via UPS using a FFL in FL to ship it to a FFL in IL all the legal issues are avoided.

 

[BluesStringer]

I believe S&W645 was correct. The FOID is required, and strictly enforced from my understanding, before taking possession of a weapon.

And federal law does indeed protect citizens traveling through a state that has such a system as IL's FOID, but IL is not obligated to allow people transporting guns through the state to get a hotel or stop to see family and establish temporary residency there, even if it is just overnight.

I don't see any way before Kramer's son obtains a FOID that the weapon can be either shipped, mailed or transported from FL to IL, whether Kramer takes it to him, or his son goes to FL to pick it up. If the son takes possession of the weapon before obtaining the FOID, he would have to commit perjury on the FOID application, because he would be affirming that he was applying for permission to buy or transfer ownership of a weapon that he already defied the law by taking possession of.

It's up to the son to make sure he knows the requirements in IL, and that he does the transfer in the proper sequence, or else he is asking for big-time trouble, IMHO.

Blues

 

[mgttrmn]

I do see a way around this one though CDR. It is his gun, he owns it. It is not one that is being transferred to him. So, providing there is no reason he may not legally own/possess a firearm, if upon his next visit home, he were to simply ensure it is not loaded nor is there ammo in any mag that might go with it, secure it in a locked gun safe such as a Gunvault Nano than lock the safe in the trunk of his vehicle, he could simply take it home himself. It is my understanding IL will require him to register the gun in his home state of IL, but under this scenario, he should be able to get the gun home. Obviously, should his parent simply ship it to him legally via UPS using a FFL in FL to ship it to a FFL in IL all the legal issues are avoided.

Illinois does not require you to register a gun, the owner is registered throigh the FOID act. Under the criminal code and foid act, you can transport a handgun in a glove box or council as long as the gun is unloaded. Ammo can be with the gun. I lived in illinois for 31 years and never had an issue with poloce. All the stated info is available in a pdf pamplet on the illinois state police website.

 

[davcommander]

I believe S&W645 was correct. The FOID is required, and strictly enforced from my understanding, before taking possession of a weapon.

And federal law does indeed protect citizens traveling through a state that has such a system as IL's FOID, but IL is not obligated to allow people transporting guns through the state to get a hotel or stop to see family and establish temporary residency there, even if it is just overnight.

I don't see any way before Kramer's son obtains a FOID that the weapon can be either shipped, mailed or transported from FL to IL, whether Kramer takes it to him, or his son goes to FL to pick it up. If the son takes possession of the weapon before obtaining the FOID, he would have to commit perjury on the FOID application, because he would be affirming that he was applying for permission to buy or transfer ownership of a weapon that he already defied the law by taking possession of.

It's up to the son to make sure he knows the requirements in IL, and that he does the transfer in the proper sequence, or else he is asking for big-time trouble, IMHO.

Blues

But how does the fact that he already owns this weapon effect this? He is not buying nor transferring it, simply picking it up from storage. Would he be lying if he states he already owned the weapon upon moving into the state and was just now bringing it into IL?

 

[BluesStringer]

But how does the fact that he already owns this weapon effect this? He is not buying nor transferring it, simply picking it up from storage. Would he be lying if he states he already owned the weapon upon moving into the state and was just now bringing it into IL?

I guess that would depend on how long he's been there and how long IL law allows you to comply with the FOID system as a new resident.

As I said though, it's incumbent upon the son to know what the law is in his own jurisdiction. There are a lot of horror stories out there about enforcement of the IL FOID system. Plus, the question deals with federal shipping and transportation laws of firearms. Neither are anything to play with. If you run afoul of either IL's or the fed's laws, you put your gun rights, and maybe even your freedom, at risk. Just research the laws and proceed from there is the best advice I can give.

Blues

 

[Douggraybeal]

Why don't you go see your son, hand him a beer with one hand, hand him the gun with the other. Then you should place both hands around him and give a big fatherly hug.

 

[Kramer1113]

Why don't you go see your son, hand him a beer with one hand, hand him the gun with the other. Then you should place both hands around him and give a big fatherly hug.

I don't have the opportunity to visit him any time soon.
He purchased the Gun while he was here visiting. Unfortunately he was flying so he left it here.
I can, obviously Ship it FFL to FFL but thought if I could just send it directly to him why not avoid the expense.

 

[NavyLCDR]

Well the answer to your exact question, without all those who are telling you NO absolutely NOT. They are incorrect. YES, you can mail your son a firearm through the mail system.Those who are saying NO, probably get in their cars get on the highway and never speed.

There are 2 forms to fill out and away you go. I am a collector and after conversing with all the major players in the shipping world they shake their heads and laugh. BUT, and BUT, if you feel insecure call your local UPS or FedX or online and D/L the forms.

Some people prefer to follow laws, when it isn't too much of a hassle, 1. Because maybe that is what their conscience dictates, and 2. They don't have to live with the possibility of getting caught. We are talking the US Post Office here that likes to xray mail, especially have forms attached that declare the shipment violates the domestic mail manual and would be a signed confession.

I'm not going to quote the exact regulation here, but it is sections 12.0, 12.1, and 12.2 of the domestic mail manual:
Link Removed

Read it carefully, OP, and you can decide if you want to violate it or not, and submit forms as xhawkx sugests, stating that you are violating the Domestic Mail Manual Regulations.

The shipment between a private party (non-FFL) in one state, and a private party (non-FFL) in another state violates Federal law, even if it goes by UPS or FEDEX. The only legal way to ship the firearm between two non-FFLs across state lines is if the OWNER OF THE FIREARM ships the gun TO THEMSELVES in another state, in care of a third party. The third party accepts the package, but does not open it. In this case, the OWNER OF THE FIREARM would not be the shipper - the father would be.