10-8 Forums

Yes, I looked at the FAQ regarding this on the ATF site, hence my apparent confusion.

Situation: Sent a stripped slide & stripped frame to a gunsmith in my state for some machining. Have never had an issue shipping a pistol / components thereof to a gunsmith for any kind of work - either in-state or out-of-state.
I had previously sent the gunsmith a copy/paste of whats on the ATF FAQ indicating he can return the parts to me. Now, said gunsmith is telling me that he can only return my stripped slide & stripped frame to me via an FFL which will require the waiting period, transfer process, etc.
By extrapolation, it would appear that I must now pay a second transfer fee in order to get my stripped slide & stripped frame back.

Q: If anyone is in the "know" on this or an ATF-E 1811, can you clarify the law and/or point to the correct sections.

In advance, thanks.

(No, I will not name the 'smith at this time.)

Um, is this possibly a result of being in Californistan, not Federal law? I have a connection I can check with tomorrow if I can keep my head above water.

Is the hold up is due to shipping you the parts, here are the firearms shipping rules for USPS, UPS & FedEx. USPS has a exception for LE.


http://www.cgwgun.com/shipping/usps.aspx

http://ups.org/content/us/en/resources/ship/packaging/guidelines/firearms.html

http://fedex.com/us/services/terms/

(F3) May a dealer sell firearms to
law enforcement agencies and individual
officers in another State?

Yes. Sales and deliveries of firearms
to out-of-State police and sheriff
GCA. A dealer may also sell or ship
firearms, other than NFA firearms, to
an individual law enforcement officer,
regardless of age, if the dealer has a
signed statement from the officer's
agency, stating that the items are to
be used in the buyer's official duties
and that the officer has not been convicted
of a misdemeanor crime of
domestic violence. No ATF Form
4473 or NICS check is required; however,
the bound book must be properly
posted, and the signed statement
included in the dealer's records. For
further information on sales of firearms
to law enforcement officers, see
Item 4, “Sales to Law Enforcement
Officers”, in the General Information
section of this publication. You should
contact your State’s Attorney General’s
Office to ensure there is no
State prohibition on such sales.
[18 U.S.C. 925(a) (1), 27 CFR 478.134 and
478.141]
departments are not prohibited by the

My understanding and experience has always been that you should be able to have it shipped directly back to you at the address from which you sent it. I have had several pistols worked on by out of state smiths and they were able to send them right back to me.

Keith - That has been my experience as well;

Doug - It doesn't appear to be a CA issue;

I've mailed rifles back to the manufacturer and had it mailed back to me several times with no issue. I would thin an FFL is an FFL werner it is a smith or the maker. I used the US Mail after the post master lulled out the regulations and found out I was correct. Some times folks just need to see it in black and white to understand.

Erick,

Call me @ the shop or cell tomorrow.

Eric

Did you have any luck?

I too have had pistols worked on by out-of-state gunsmiths and then FedEx'ed back to me directly (and I am not LE). The GCA allows for that.

Funny thing about the USPS - their CFR states that it's unlawful to possess firearms on property owned or leased by them (and there is no "lawful purposes" exception), yet it's legal under some circumstances to mail firearms. I've often thought that would be good argument in defending an otherwise innocent person "caught" with a firearm on postal property and charged under the CFR.

Not yet.