Ship Direct To CHL Holder

[okie556]

Just saw a add on Texas Gun Trading Post offering to ship new hand[FONT=Helvetica, Arial, lucida grande, tahoma, verdana, arial, sans-serif] [/FONT]gun direct to buyer if they have a TX CHL. Posted was by gunpros.net and stated Form 4473 Part 2 allows this. This would be wonderful but have never heard of it before. Of course that still doesn't mean it's not so. Anyone familiar with this?

 

[craigntx]

its a trap

 

[okie556]

its a trap

Okay! How so?

 

[Charlie]

its a trap

I wouldn't doubt that! CHL from Texas has nothing to do with the Feds!

 

[Glockster69]

I wouldn't doubt that! CHL from Texas has nothing to do with the Feds!

Yupper


First I've heard of it, proceed with caution Okie.

 

[Acera]

Just saw a add on Texas Gun Trading Post offering to ship new handgun direct to buyer if they have a TX CHL. Posted was by gunpros.net and stated Form 4473 Part 2 allows this. This would be wonderful but have never heard of it before. Of course that still doesn't mean it's not so. Anyone familiar with this?

Got a link to that?

The only thing on the website I see is: Gun Pros Llc - Guns Online, Guns And Ammo, Gunsmithing

WE SHIP NATION WIDE. ALL PRICES INCLUDE FREE SHIPPING AND NO CREDIT CAR FEES AND SHIPPED VIA USPS. SO PLEASE TAKE THAT INTO ACCOUNT WHEN SHOPPING OTHER SHOPS OR ONLINE PRICES. WE ONLY SHIP TO FFL DEALERS, SO PLEASE BE SURE THE FIREARM YOU ORDER IS LEGAL IN YOUR STATE, BECAUSE THERE IS A 15% RESTOCKING FEE SHIPPING AND NO CREDIT CAR FEES AND SHIPPED VIA USPS. SO PLEASE TAKE THAT INTO ACCOUNT WHEN SHOPPING OTHER SHOPS OR ONLINE PRICES. WE ONLY SHIP TO FFL DEALERS, SO PLEASE BE SURE THE FIREARM YOU ORDER IS LEGAL IN YOUR STATE, BECAUSE THERE IS A 15% RESTOCKING FEE

 

[Byrd666]

Last I heard, a Texas CHL just bypasses the background check, since it was previously done and verified in order to get your CHL. It does not mean you can bypass federal regs. when buying a firearm. And last I heard the the 4473 is to be filled out at the FFL's location.

I may be wrong though.

 

[IXLR8]

I was able to download it but it is too large to upload here at 49K. There is a 19K limit.

It looks like a 4473 without the new questions and additional question before the signature.

 

[matefrio]

Gun Pros Llc - Guns Online, Guns And Ammo, Gunsmithing site - [h=4]WE ONLY SHIP TO FFL DEALERS, SO PLEASE BE SURE THE FIREARM YOU ORDER IS LEGAL IN YOUR STATE, BECAUSE THERE IS A 15% RESTOCKING FEE[/h]

 

[okie556]

I went to his web site and called him out on the fact that what he was posting and what web site said was totally different. Don't know how to post link that you can see since it's a Closed Group but here is his original post that I turned into a jpeg so I can post. He is still arguing he is right and I believe the Admin on that site may have banned him.

 

[IXLR8]

The admin should kill the link in all of the posts for non sponsor advertising.

 

[txinvestigator]

If the seller and buyer are both in Texas, and the seller is not an FFL, why can't the seller ship the handgun?

 

[matefrio]

If the seller and buyer are both in Texas, and the seller is not an FFL, why can't the seller ship the handgun?

Seller is a FFL requiring a form 4473. The claim is that you can fill the 4473 out at home and get it shipped to you from what I understand.

 

[txinvestigator]

Seller is a FFL requiring a form 4473. The claim is that you can fill the 4473 out at home and get it shipped to you from what I understand.

Oh, well then I was just kidding.

 

[okie556]

If the seller and buyer are both in Texas, and the seller is not an FFL, why can't the seller ship the handgun?

Definitely an FFL.

 

[TX69]

No way I would do that.

 

[shortround]

The owner of a long gun may ship that firearm to the original manufacturer or licensed facility for repair or service and to have that same firearm returned to his address.

Handguns must be shipped by overnight carrier to the manufacturer or FFL holder for repair or service.

Shipping firearms to unlicensed persons is prohibited.

 

[tarheel7734]

So if handgun has to be repaired you have to pay a ffl again?

 

[Acera]

The owner of a long gun may ship that firearm to the original manufacturer or licensed facility for repair or service and to have that same firearm returned to his address.

Handguns must be shipped by overnight carrier to the manufacturer or FFL holder for repair or service.

Shipping firearms to unlicensed persons is prohibited.

That is incorrect in some cases.

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)]

See no federal phrohibition of selling and shipping (other than by USPS) a handgun from one non-ffl citizen to another non-ffl, legal to own it citizen in the same state.

So if handgun has to be repaired you have to pay a ffl again?

No, of course not.

 

[superchief]

Pardon the large cut and paste. It is perfectly legal for an FFL to sell a pistol, rifle, shotgun to a person in his state that exempt from the NICS background check (like a CHL holder). The buyer fills out the 4473 part 2 (non-over the counter sale) in duplicate and sends it to the FFL. The FFL sends it to the CLEO listed on the 4473 and has to wait 7 days to hear back. If no response is received, the FFL can ship. The FFL has to use UPS/FedEX) for pistols because using the mail is FFL to FFL/manufacturer/other licensee only.

27 CFR 478.124 - FIREARMS TRANSACTION RECORD
(f) Form 4473 shall be submitted, in duplicate, to a licensed importer, licensed manufacturer, or licensed dealer by a transferee who is purchasing or otherwise acquiring a firearm by other than an over-the-counter transaction, who is not subject to the provisions of § 478.102(a), and who is a resident of the State in which the licensee's business premises are located. The Form 4473 shall show the name, address, date and place of birth, height, weight, and race of the transferee; and the title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered. The transferee also must date and execute the sworn statement contained on the form showing, in case the firearm to be transferred is a firearm other than a shotgun or rifle, the transferee is 21 years or more of age; in case the firearm to be transferred is a shotgun or rifle, the transferee is 18 years or more of age; whether the transferee is a citizen of the United States; the transferee's State of residence; the transferee is not prohibited by the provisions of the Act from shipping or transporting a firearm in interstate or foreign commerce or receiving a firearm which has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce; and the transferee's receipt of the firearm would not be in violation of any statute of the State or published ordinance applicable to the locality in which the transferee resides. Upon receipt of such Forms 4473, the licensee shall identify the firearm to be transferred by listing in the Forms 4473 the name of the manufacturer, the name of the importer (if any), the type, model, caliber or gauge, and the serial number of the firearm to be transferred. The licensee shall prior to shipment or delivery of the firearm to such transferee, forward by registered or certified mail (return receipt requested) a copy of the Form 4473 to the principal law enforcement officer named in the Form 4473 by the transferee, and shall delay shipment or delivery of the firearm to the transferee for a period of at least 7 days following receipt by the licensee of the return receipt evidencing delivery of the copy of the Form 4473 to such principal law enforcement officer, or the return of the copy of the Form 4473 to the licensee due to the refusal of such principal law enforcement officer to accept same in accordance with U.S. Postal Service regulations. The original Form 4473, and evidence of receipt or rejection of delivery of the copy of the Form 4473 sent to the principal law enforcement officer, shall be retained by the licensee as a part of the records required to be kept under this subpart.