Quote:
Originally Posted by mrerick
But when you talk about postal regulations and their policy relating to firearm shipment, you cannot ignore statutory law.
While the USPS regulations are rather confusing, and the US code of statutory law is even more layered and deeply confusing, you also have to add the departmental regulations defined within the Justice Department's BATFE.
All of this is layered, interrelating and full of legal traps based in criminal law.
The regulated part of a gun which is considered a firearm is defined by the combination of statutory law, and ATF regulations.
The USPS regulations discuss shipment of "long guns" and "handguns". By regulation the part of a long gun or handgun that is considered a "firearm" and regulated is the frame, which also generally (but not always) has the firearm's unique (but not always) serial number.
Thus, USPS regulations on shipment of handguns apply to the "firearm" portion of the complete assembly, and that is the frame in the instance of a Luger. The canon assembly and other parts are not a "firearm" and not regulated under USPS rules, regardless of whether they can function as a firearm or not.
There are other oddities of USPS regulations. For example, even though you have a C&R FFL which permits interstate commerce under ATF rules, you are not allowed to ship regulated parts (frames) or complete handguns under current USPS rules, which only permit handgun shipment by "firearms dealers". By definition, a C&R FFL holder is not a dealer since we're not permitted to engage in "business".
All interstate shipping companies are free to make up their own rules, and do. Shipment between the US and other countries involves even more draconian, deep and confusing import / export regulations controlled by other Federal departments.
Isn't it remarkable how "shall not infringe" has become more than 22,000 rules, regulations and criminal laws? We are, of course, under attack by the "death by 1,000 cuts" strategy...
Marc
|
You would think they could not ignore statutory law but apparently they do either out of ignorance or difference of opinion. Nowhere in USPS language do I find the phrase "complete assembly" as it pertains to definition of a firearm. Here is the USPS definition of a firearm:
"431.1 Firearm
The following definitions apply:
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 antique firearms (except antique firearms meeting the description of a handgun or of a firearm capable of being concealed on a person).
Firearm frame or receiver is the 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. Frames and receivers usually (but not always) include the firearm serial number and are usually considered to be the regulated component of a firearm."
Notice the term breechblock which is a specific part of a Luger, firing mechanism - trigger bar, firing pin, firing pin spring and firing pin retainer and finally the upper threaded portion that receives the barrel. This is the USPS's definition of a firearm and clearly defines the barrel extension and it's other components as part of the upper assembly only....not the frame. Say it ain't so.....