tulsamal said:
Without even getting into whether you really _legally_ have to ship a handgun overnight....
There is no legal requirement to ship handguns overnight and there never has been. UPS and Federal Express -- two PRIVATE companies -- each impose a policy that handguns be transported overnight. Neither company can compel you to adhere to their policies with the force of law. They can merely refuse to accept your items for shipment.
Additionally, there is no legal requirement to declare a firearms shipment to UPS or Federal Express provided the recipient is a valid federal firearms licensee. Someone will endeavor to post the BATFE FAQs from their website -- which do NOT constitute a binding legal determination of the '68 GCA, and they are WRONG -- so allow me to advise any would-be attorney wannabes to take a good, long look at the sections of the '68 GCA they reference:
"
§ 922 Unlawful acts.
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm."
"
§ 478.31 Delivery by common or contract carrier.
(a) No person shall knowingly deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped:
Provided, that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of that trip without violating any provision of this part.
(b) No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container indicating that such package, luggage, or other container contains a firearm."
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
Simply stated, it says this:
"It shall be unlawful for any person knowingly to deliver or cause to be delivered...to persons other than...licensed dealers...any package...in which there is any firearm...without written notice to the carrier that such firearm...is being...shipped..."
The BATFE's legal department will provide a binding legal determination stating as such if you request it in writing.
There are times, however, when it would still be advisable to send you item overnight. With this gun, I would. It's too unique and hard to replace easily. I still would not declare it, nor would I pay $80 to ship it.
The seller would be well-advised to sign up for a Federal Express account online -- this is FREE to do -- and print your own labels. Simply drop off the package with any Federal Express drop off (like Kinko's) or give to a driver. No questions asked and a hell of a lot cheaper than $80.
I have been mailing my own labels to sellers as of late, so all they would need to do is attach and drop off. It saves me money and spares everyone a lot of hassle.
If you can get an FFL holder to take pity on you, you could get him to send it USPS flat rate.
