Upillar.com Firearms & Ammo Policies


Read this Firearms & Ammo Policy before accessing upillar.com website address (“upillar.com”).
Effective Date: This Firearms & Ammo Policy was last updated on October 21, 2011.

Introduction

A Federal Firearm License (“FFL”) is a license that allows a company or person to engage in the sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968 (“GCA”).

It is important to know that upillar.com does not condone nor promote firearm or ammo sales by non-FFL individuals. upillar.com does allow non-FFL individuals to list their firearms for sale on our website for free, but we must insist that you conduct the sale of your firearms at a firearms dealership that can assist you with the legalities that vary in each state. Please do so legally!

The following summarizes some of the GLA rules related to the sale of firearms. However, any buyer or seller of firearms should read the entire GLA to make sure they are obeying the law when advertising, selling, or buying a firearm.

Sales Between Individuals

Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser’s state. Firearms received by bequest or interstate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor’s state of residence. Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

Ineligible Persons

The following groups of people are ineligible to own firearms under the GCA.

  • Those convicted of felonies and certain misdemeanors.
  • Fugitives from justice.
  • Unlawful users of certain depressant, narcotic or stimulant drugs.
  • Those adjudicated as mental defectives or incompetents or those committed to any mental institution and currently containing a dangerous mental illness.
  • Illegal Aliens.
  • Those who have renounced U.S. citizenship.
  • Those persons dishonorably discharged from the Armed Forces.
  • Persons less than 18 years of age for the purchase of a shotgun or rifle.
  • Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
  • Persons subject to a restraining order.
  • Persons convicted in any court of a misdemeanor crime of domestic violence.
  • Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition.

Antiques

Under the GCA antique firearms and replicas are largely exempted from the aforementioned restrictions. Antique firearms are defined as: any firearm with a frame or receiver manufactured in or before 1898 regardless of ignition system, or any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, and any replica of an antique firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. (Note: antique firearms exemptions vary considerably under state laws.)

Shipping Firearms

  • Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL but may be shipped intrastate. Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing. An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received. Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.
  • A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.
  • Firearms delivered to a common carrier for shipment must be accompanied by a written notice to the carrier of the contents of the shipment, if mailing to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors. Notice to the carrier is not required when shipping to one of the licensed entities aforementioned. (Bureau of Alcohol, Tobacco, Firearms and Explosives.)

Transporting Firearms

  • Firearms are prohibited on property in any K-12 school.
  • A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.
  • Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in a locked container. In vehicles without a locked container, the unloaded firearm shall be in a locked box other than the glove compartment or console.
  • Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard a commercial aircraft. The Transportation Security Administration (TSA) has established certain requirements for transporting firearms and ammunition. Firearms must be carried in a locked hard sided case. Ammunition must be declared and can be transported in checked baggage or in the same container as the firearm as long as the firearm is unloaded.
  • Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip.

Ammunition

  • As with firearms, shipments of ammunition must be accompanied by a written notice of the shipment’s contents. It is unlawful for any licensed importer, dealer, manufacturer or collector to transfer shotgun or rifle ammunition to anyone under the age of 18, or any handgun ammunition to anyone under the age of 21.
  • It is illegal to manufacture or sell armor-piercing handgun ammunition.

Dealers

  • Persons who engage in the business of buying or selling firearms must be licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) of the U.S. Department of Justice. A special class of “licensed collectors’ provides for the purchase and sale of firearms designated by BATFE as “curious and relics”. Class III dealers may sell fully automatic firearms manufactured prior to May 19, 1986, and other federally registered firearms and devices restricted under Title II of the Gun Control Act, to individuals who obtain approval from the U.S. Secretary of the Treasury after payment of a tax and clearance following a criminal background check.
  • Violations of restrictions on Title II firearms and devices are punishable by a penalty of up to $10,000 and 10 years imprisonment.