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Thread: P2000 V3 just got back from Bill Springfield...

  1. #51
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    Red face Is it lawful? YES!

    I have checked with the BATF personally on the telephone and also the US Post Office personally on the phone (2 months ago), and it is perfectly legal to mail gun parts (including a handgun frame) for repair or lawful modification. Some Post Offices are not gun-friendly or gun-knowledgeable, and just obstinately will not accept them (particulary a handgun frame which still resembles a handgun), but it is legal to do so without an FFL.

    I've heard some gunsmiths say that any serialized part of a firearm may not be shipped or mailed except through an FFL, and that any such serialized part is considered a firearm under the law. . . but that is absolutely a false rumor according to both the BATF and the USPO. :)
    Last edited by orfeo; 04-07-2009 at 05:24 PM.
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  3. #53
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    I did not ask about SELLING or otherwise transferring serialized major component parts of a handgun through the mail or a common carrier. . . I am sure that's a whole different issue.
    Last edited by orfeo; 04-07-2009 at 05:25 PM.

  4. #54
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    Quote Originally Posted by orfeo View Post
    I have checked with the BATF personally on the telephone and also the US Post Office personally on the phone (2 months ago), and it is perfectly legal to mail gun parts (including a handgun frame) for repair or lawful modification. Some Post Offices are not gun-friendly or gun-knowledgeable, and just obstinately will not accept them (particulary a handgun frame which still resembles a handgun), but it is legal to do so without an FFL.

    I've heard some gunsmiths say that any serialized part of a firearm may not be shipped or mailed except through an FFL, and that any such serialized part is considered a firearm under the law. . . but that is absolutely a false rumor according to both the BATF and the USPO. :)
    You are missing the point. Mrs. Esterhhouse is not saying it is illegal for an individual (without an FFL) to ship (mail or overnight) a firearm. All he is saying (and what it appears the plain language of the United States Code says) is that you must be shipping it to a licensed FFL or the original manufacturer.

    What you indicate you were told by the BATF and the post office is not inconsistent with this.

    Here is the law in a nutshell:

    Under Federal law, any lawful gun owner may ship a firearm to an FFL holder or the original manufacturer through a common carrier like FedEx or UPS for purposes of repair or modification and receive it back directly. You do not need to ship your pistol through a dealer unless your local or state laws require it.

    You can believe it or not; however, I would not personally jeopardize my ability to hold a LTCF or the ability to purchase firearms forever out of ignorance of the law.
    Last edited by aaronsdb; 04-07-2009 at 07:35 PM.

  5. #55
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    Quote Originally Posted by orfeo View Post
    I have checked with the BATF personally on the telephone and also the US Post Office personally on the phone (2 months ago), and it is perfectly legal to mail gun parts (including a handgun frame) for repair or lawful modification. Some Post Offices are not gun-friendly or gun-knowledgeable, and just obstinately will not accept them (particulary a handgun frame which still resembles a handgun), but it is legal to do so without an FFL.
    The agent may have misunderstood your question to mean non-licensee mailing to an FFL or the origional manufacturer, which is legal.

    You didn't happen to talk to this guy did you? :D
    "Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery."
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  6. #56
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    HK45; P7M8 - AH.

    Nothing in this post should be construed as legal advice, nor does this post constitute an attorney-client relationship.

  7. #57
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    Mrs_Esterhouse and aaronsdb:

    Firstly, it was a VERY serious and knowledgeable woman at BATF, a man at a regional US Postal Center, and a woman at my local US Post Office. . . not just one person.

    Secondly, we were NOT discussing the mailing or shipment of HANDGUNS or any other firearms. We were strictly discussing the mailing of handgun PARTS to a gunsmith for repair or lawful modification. . . specifically in particular, a handgun FRAME.

    Third, I don't know if you've bothered to look at Bill Springfield's site or if you are just speaking in general terms, but Bill ONLY asks for the handgun FRAME. No slide assy, no barrel, no mags, etc. to do his trigger-job. Another service he offers requires only your recoil assy.

    Are you guys saying it is also illegal to mail him your recoil assy without going through an FFL dealer? . . . or are you just saying it is illegal to ship/mail the actual handgun? If you are only talking about mailing or shipping a handgun, then yes, you are correct in saying it must go to an FFL dealer. It would need to go UPS or FedEx (overnight but not because of the law, but because of shipping company policies) and may not be mailed through the US Postal system unless the sender is also an FFL dealer.

    Falcon007 pointed out that:
    "Any person who is engaged in the business of installing “drop in” replacement parts in or on existing, fully assembled firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act"

    Bill is not working on fully assembled firearms. He is working on firearm parts. :)
    Last edited by orfeo; 04-07-2009 at 10:42 PM.

  8. #58
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    Quote Originally Posted by orfeo View Post
    Mrs_Esterhouse and aaronsdb:

    Firstly, it was a VERY serious and knowledgeable woman at BATF, a man at a regional US Postal Center, and a woman at my local US Post Office. . . not just one person.

    Secondly, we were NOT discussing the mailing or shipment of HANDGUNS or any other firearms. We were strictly discussing the mailing of handgun PARTS to a gunsmith for repair or lawful modification. . . specifically in particular, a handgun FRAME.

    Third, I don't know if you've bothered to look at Bill Springfield's site or if you are just speaking in general terms, but Bill ONLY asks for the handgun FRAME. No slide assy, no barrel, no mags, etc. to do his trigger-job. Another service he offers requires only your recoil assy.

    Are you guys saying it is also illegal to mail him your recoil assy without going through an FFL dealer? . . . or are you just saying it is illegal to ship/mail the actual handgun? If you are only talking about mailing or shipping a handgun, then yes, you are correct in saying it must go to an FFL dealer. It would need to go UPS or FedEx (overnight but not because of the law, but because of shipping company policies) and may not be mailed through the US Postal system unless the sender is also an FFL dealer.

    Falcon007 pointed out that:
    "Any person who is engaged in the business of installing “drop in” replacement parts in or on existing, fully assembled firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act"

    Bill is not working on fully assembled firearms. He is working on firearm parts. :)
    Finally a voice of reason and who knows what he is talking about! ! !

  9. #59
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    Quote Originally Posted by orfeo View Post
    Secondly, we were NOT discussing the mailing or shipment of HANDGUNS or any other firearms. We were strictly discussing the mailing of handgun PARTS to a gunsmith for repair or lawful modification. . . specifically in particular, a handgun FRAME.)

    Hasn't it already been established that the frame is considered to be the gun?

    http://hkpro.com/forum/showthread.ph...t=frame&page=4
    Last edited by Carrots; 04-07-2009 at 11:14 PM.

  10. #60
    Senior Member Mrs_Esterhouse's Avatar
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    Quote Originally Posted by Carrots View Post
    Hasn't it already been established that the frame is considered to be the gun?

    http://hkpro.com/forum/showthread.ph...t=frame&page=4
    Yes the frame/handle = gun. The barrel, slide and everything else is just considered an accessory by the ATF.

    This is legally a gun even though it does not shoot - it must go to an FFL if shipped out of state:



    This is legally a gun even though it does not shoot - it must be shipped to an FFL regardless of state:


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