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Shipping Gun Parts to CA

Posted: Mon May 03, 2010 2:08 pm
by G26ster
I'm trying to find info on the legality of shipping a pistol SLIDE, BARREL, and GUIDEROD & SPRING (Complete Upper) to CA.

1. Does anyone know of any CA of Federal restrictions on this?

2. Can they be sent by USPS by me?

Reason I ask is because the slide is serial numbered, and I read the following on Gunbroker.com

"Knives, air guns, accessories, and most gun parts need not be shipped to an FFL holder. We say most gun parts because each firearm contains at least one part that the ATF considers a firearm.This part is typically the part that contains the serial number. This part must be treated as a complete firearm when shipping the item."

Glocks are matched serial numbers on the frame, slide, and barrel. This is my concern.

Re: Shipping Gun Parts to CA

Posted: Mon May 03, 2010 8:13 pm
by Travis
I'm moving there next month, I can take it for you. Unless you need it there before that. I'm driving all the way to north of sacramento. It's kind of a long shot but I don't mind at all.

Re: Shipping Gun Parts to CA

Posted: Mon May 03, 2010 9:02 pm
by G26ster
Thanks for the offer, but this sale needs to happen quicker. Hope CA is kind to you ;-)

Re: Shipping Gun Parts to CA

Posted: Mon May 03, 2010 9:42 pm
by SQLGeek
Travis wrote:I'm moving there next month, I can take it for you. Unless you need it there before that. I'm driving all the way to north of sacramento. It's kind of a long shot but I don't mind at all.
I'm so sorry. Don't forget to pay all of your fees and fill out your new resident handgun report for your handguns since you will now be considered a "handgun importer".

As to the original question, the Fed defines a firearm in 18 U.S.C. § 921 as follows:

(3) The term “firearm” means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm.

I don't see the slide or barrel fitting into this category, even if they have serial numbers.

California Penal Code uses the same definition and note, like the Federal definition, does not mention a serial number.

12001.
(2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."

(b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel, a
projectile by the force of any explosion or other form of combustion.

(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, the term "firearm"
includes the frame or receiver of the weapon.

There is no restriction I am aware of and the only restrictions on parts I can find in the California PC is in regard to high capacity magazines. I think you are good to go but of course....IANAL (hey first time I've used that here).

Re: Shipping Gun Parts to CA

Posted: Mon May 03, 2010 10:31 pm
by G26ster
SQLGeek wrote: As to the original question, the Fed defines a firearm in 18 U.S.C. § 921 as follows:

(3) The term “firearm” means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm.

I don't see the slide or barrel fitting into this category, even if they have serial numbers.
Thanks SLQGeek

Up until today, I would have agreed, but I also found in the same ATF posted documents, the following:

From the ATF website:

"Firearm frame or receiver. That part of
a firearm which provides housing for
the hammer, bolt or breechblock, and
firing mechanism, and which is usually
threaded at its forward portion to receive
the barrel."

Sounds like there are more of these parts in the Glock slide than the frame.

As you said, "IANAL," and neither am I. We discuss gray areas of the law all day on this site, so have decided to safe and just sell this locally, even if I'm dead wrong.

Re: Shipping Gun Parts to CA

Posted: Mon May 03, 2010 10:41 pm
by SQLGeek
Glad to help. That seems to describe rifle and revolver frames and receivers more than semi-auto handguns.

I just checked Top Glock and a couple of other Glock dealers and they will ship a conversion kit or upper directly to a buyer.

It's a different weapon, but the AR-15 uppers are not considered firearms and that is the portion that has the barrel threaded in it.

Good luck on whatever you decide to do. I understand wanting to play it safe. :)

Re: Shipping Gun Parts to CA

Posted: Mon May 03, 2010 10:56 pm
by The Annoyed Man
Travis wrote:I'm moving there next month, I can take it for you. Unless you need it there before that. I'm driving all the way to north of sacramento. It's kind of a long shot but I don't mind at all.
You're moving to California voluntarily? :shock:

I lived there most of my life, and I was never so glad as when I moved to Texas. You couldn't pay me enough to move back there.

Re: Shipping Gun Parts to CA

Posted: Tue May 04, 2010 1:52 am
by Travis
I'll have to start a new bashing Travis thread for moving there.

Re: Shipping Gun Parts to CA

Posted: Tue May 04, 2010 9:41 am
by secure
We ship to CA all the time. You can ship anything CA legal that is not serialized to an individual. If it has a serial, it has to go to an FFL.

Re: Shipping Gun Parts to CA

Posted: Tue May 04, 2010 9:49 am
by SQLGeek
secure wrote:We ship to CA all the time. You can ship anything CA legal that is not serialized to an individual. If it has a serial, it has to go to an FFL.
So if a barrel has a serial number on it, you have to send it to an FFL? That doesn't sound right to me. Can you point me to the relevant law?

Re: Shipping Gun Parts to CA

Posted: Tue May 04, 2010 11:10 am
by secure
Can't find the exact law but I have dealt with dozens of FFL's and they all say that is the case. For instance, with an FN SCAR, the serial is on the upper so the lower and other pieces do not have to ship to the FFL. They can go straight to the individual.

Re: Shipping Gun Parts to CA

Posted: Tue May 04, 2010 11:15 am
by SQLGeek
Are you speaking Federally or only for California?

If California, sounds like more of a CYB policy with them than anything else. I've never heard of an issue of shipping serial numbered barrels into California and know several manufacturers that will ship directly to an unlicensed purchaser.