Effective November 7, 2011, the Postal Service™ will revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) 601.12.1 through 601.12.3 to clarify the standards surrounding the mailability of firearms.
These clarifications were prepared in collaboration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and neither expands nor limits the current requirements for the shipment of firearms through the U. S. Postal Service®. Prior to this clarification, firearms mailing options were only provided to the prospective mailer through an ATF contact. The primary purpose of this article is to provide clarity for those individuals seeking advice on the mailing of firearms and related items and to help reduce the number of questions submitted to the ATF.
Additionally, the Postal Service is providing guidelines for the mailing of air guns, which reflect reasonable practices commonly used in the industry.
Postmasters may provide these revised guidelines to firearms mailers immediately.
Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM)
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600 Basic Standards for All Mailing Services
601 Mailability
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12.0 Other Restricted and Nonmailable Matter
[Revise title of 12.1 as follows:]
12.1 Firearms
12.1.1 Definitions
The terms used in this standard are defined as follows:
[Delete current items 12.1.1a and 12.1.1g in their entirety and replace with the following.]
a. Firearm means any device, 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; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm.
b. Firearm frame or receiver is the part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism and that is usually threaded at its forward portion to receive the barrel.
c. Handgun (including pistols and revolvers) means any firearm that has a short stock and is designed to be held and fired by the use of a single hand and subject to 12.1.1a, or a combination of parts from which a handgun can be assembled.
d. Other firearms capable of being concealed on the person include, but are not limited to, short-barreled shotguns and short-barreled rifles.
e. Short-barreled shotgun means a shotgun that has one or more barrels less than 18 inches long. The term short-barreled rifle means a rifle that has one or more barrels that are less than 16 inches long. These definitions include any weapon made from a shotgun or rifle, whether by alteration, modification, or otherwise, if such weapon as modified has an overall length of less than 26 inches. A short-barreled shotgun or rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.
f. Federal Firearms Licensee (FFL) manufacturer, dealer, or importer of firearms means a manufacturer, dealer, or importer duly licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under Chapter 44, Title 18, United States Code (U.S.C.).
g. Curio and relic collector means an individual licensed by ATF to transfer or receive only those firearms defined as curios or relics by ATF under Title 27, Code of Federal Regulations (CFR), section 478.11.
h. Antique firearm means any muzzle loading rifle/shotgun/pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition (except those that incorporate a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof); or any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898, or any replica thereof, if such replica:
1. Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
2. Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
i. Air gun means a gun that fires a projectile by means of compressed air or other gas (including paintball and pellet guns).
12.1.2 Handguns
[Revise 12.1.2 as follows:]
Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in 12.1.3 and 12.1.5 after the filing of an affidavit or statement required by 12.1.4 and 12.1.6, and are subject to the following:
a. Firearms meeting the definition of a handgun under 12.1.1b, and the definition of curios or relics under 27 CFR 478.11 may be mailed between curio and relic collectors only when those firearms also meet the definition of an antique firearm under 12.1.1g.
b. Firearms meeting the definition of a handgun under 12.1.1b that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest may be accepted for mailing without regard to 12.1.3 through 12.1.6.
c. Air guns that do not fall within the definition of firearm under 12.1.1a that are capable of being concealed on a person are mailable; but must include adult signature service under 503.8.0. Mailers must comply with all applicable state and local regulations.
d. Parts of handguns are mailable, except for handgun frames, receivers, or other parts or components regulated under Chapter 44, Title 18, U.S.C.
e. Mailers are also subject to applicable restrictions by governments of a state, territory, or district.
12.1.3 Authorized Persons
[Revise introductory sentence of 12.1.3 as follows:]
Subject to 12.1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, a licensed importer of firearms, or an authorized agent of the federal government or the government of a state, territory, or district, only when addressed to a person in one of the following categories for use in the person’s official duties:
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[Revise the title and text of 12.1.5 as follows:]
12.1.5 Manufacturers, Dealers, and Importers
Handguns may also be mailed between licensed manufacturers of firearms, licensed dealers of firearms, and licensed importers of firearms in customary trade shipments, or for repairing or replacing parts.
[Revise the title and text of 12.1.6 as follows:]
12.1.6 Certificate of Manufacturers, Dealers, and Importers
A federal firearms licensee manufacturer, dealer, or importer need not file the affidavit under 12.1.4, but must file with the postmaster a statement on Form 1508 signed by the mailer that he or she is a licensed manufacturer, dealer, or importer of firearms. The mailer must also state that the parcels containing handguns, or parts and components of handguns under 12.1.2d, are being mailed in customary trade shipments or contain such articles for repairing or replacing parts, and that to the best of their knowledge the addressees are licensed manufacturers, dealers, or importers of firearms.
[Revise the title and text of 12.1.7 as follows:]
12.1.7 Federal and Other Law Enforcement Agencies
Handguns may be mailed without regard to 12.1.3 through 12.1.6 if the item is:
a. Addressed to a scientific laboratory or crime detection bureau of any federal, state, or local law enforcement agency whose members are authorized to serve warrants of arrest or commitment.
b. Sent by an authorized agent of the federal government as an official shipment to any qualified addressee in 12.1.3, or to a licensed manufacturer, dealer, or importer of firearms, or to a federal agency.
[Delete 12.2, Antique Firearms, in its entirety and renumber the current 12.3 through 12.22 as the new 12.2 through 12.21.]
12.2 Rifles and Shotguns
[Revise renumbered 12.2 as follows:]
Except under 12.1.1d and 12.1.2, unloaded rifles and shotguns are mailable. Mailers must comply with the rules and regulations under 27 CFR, Part 478, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the rifle or shotgun is unloaded and not ineligible for mailing under 12.1.1d. The following conditions also apply:
a. Subject to state, territory, or district regulations, rifles and shotguns may be mailed without restriction when sent within the same state of mailing. These items must bear a “Return Service Requested” endorsement, and must be sent by Express Mail (“signature required” must be used at delivery) or Registered Mail, or must include either insured mail service (for more than $200) requiring a signature at delivery.
b. A shotgun or rifle owned by a non-FFL may be mailed outside the owner’s state of residence by the owner to himself or herself, in care of another person in the state, where he or she intends to hunt or engage in any other lawful activity. These mailpieces must:
1. Be addressed to the owner.
2. Include the “in the care of” endorsement immediately preceding the name of the applicable temporary custodian.
3. Be opened by the rifle or shotgun owner only.
4. Be mailed using services described in 12.2a.
c. Rifles and shotguns may be mailed by a non-FFL owner domestically to a FFL dealer, manufacturer, or importer in any state. USPS recommends these items be mailed using those services described in 12.2a.
d. Except as described in 12.1.2a, licensed curio and relic collectors may mail firearms meeting the definition of curios or relics under 27 CFR 478.11 domestically to FFL licensed curio and relic collectors in any state. USPS recommends these items be mailed using those services described in 12.2a.
e. Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest may be accepted for mailing without restriction.
f. Air guns that do not fall within the definition of firearm under 12.1.1a are mailable. A shipment containing an air gun with a muzzle velocity of 400 or more feet per second (fps) must include an Adult Signature service under 503.8.0. Mailers must additionally comply with all applicable state and local regulations.
12.3 Legal Opinions on Mailing Firearms
[Revise renumbered 12.3 as follows:]
Postmasters are not authorized to give opinions on the legality of any shipment of firearms. Further advice and ATF contact information is available at http://www.atf.gov/firearms/faq/
.
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We will incorporate these revisions into the next monthly update of the online DMM, which is available via Postal Explorer® at http://pe.usps.com.
— Product Classification,
Pricing, 10-6-11
