Suppose the dealer shipped the gun to *you* by mistake

[JonF 79]

And you have a post office "pick up" notice for said firearm. What do you do to get the item to the dealer in the most expeditious and legal manner? One option is hat you can refuse the shipment, have it sent back, then the dealer pays to ship it to the correct address. Another similar option is that you can also have the dealer issue a recall on the package where they pay to send it back, then pay to send it out again but this gets more costly. Or, lastly, sign for the package and whisk it straight down to the transferring FFL so they can log it in. Is there anything wrong with last option so long as it gets to the FFL holder and gets logged in? I mean, when firearms are delivered to a FFL, a non FFL holding employee may sign for them or may need to go pick up items at a USPS station from time to time, right?

 

 

*** This is all hypothetical of course.

[lunker 274]

To be on the safe side, I would just refuse delivery. It will get sent back to the dealer, who can then ship it to the FFL. This way, the non-FFL holder (i.e. You) would never be illegally taking possession of the gun.

[Pew Pew Plates 358]

Keeping in the hypothetical mindset, I would be confused as to what is in the box and just so happen to pick it up on the way to my dealer, have him look at my "unknown" package, discover that OH MY GOD ITS A GUN, then have him transfer it.

[Dan 177]

Hypothetically...

 

a) Contact the shipping dealer to see if they could put a trace and redirect on the package to the FFL

b) See if the FFL could go to the post office to pick it up .. if they are local of course

c) Refuse shipment and assertively ask the shipping dealer to next day air it to the FFL when they get it back. I'm sure they would....

[Old School 611]

LMFAO

 

It happens more than anyone wants to admit!

[BRaptor 68]

Ready to don your tin foil hat?

 

You never know when you're the target of an investigation, until it's too late.

 

Could this be "Project Gun Walker" version 2.0? Given the current state of the Bureau of A$$holes, Tyrants and F@-ups along with this state's AG, I wouldn't be surprised in a "joint task force" designed to target people who are trying to circumvent our "common sense gun laws" by "illegally" having guns shipped to themselves.

 

I would refuse shipment and call the shipping FFL to explain what happened.

[mipafox 438]

When in doubt, no witnesses.

[bulpup 98]

No way I would put my hands upon it. No matter what it seems ripe for a person to arrested and the leo saying "tell it to the judge."

 

remembr, there is such thing as Postal Police.

[heaterbob 53]

just say no

[vjf915 456]

I would have to agree that refusing to accept the shipment would be the best option, just to be on the safe side. I don't think it would be easy to convict someone of taking possession of a firearm illegally when it was "accidentally" shipped to a personal residence, as there is no real "intent" to commit the crime.

[Fishpaw 17]

How do you know its the gun? Hypothetically .....I mean...maybe they sent you the mags by themselves...or some other accessory as a bonus?....I mean...they wouldnt send the gun straight to you.....and if you got it and discovered what it was...then took it directly to your FFL.....you would be correcting the mistake...or maybe, you can take your FFL with you to the post office, and have him open the package...that way, he would take possesion of it....all hypothetically of course...

[vjf915 456]

How do you know its the gun? Hypothetically .....I mean...maybe they sent you the mags by themselves...or some other accessory as a bonus?....I mean...they wouldnt send the gun straight to you.....and if you got it and discovered what it was...then took it directly to your FFL.....you would be correcting the mistake...or maybe, you can take your FFL with you to the post office, and have him open the package...that way, he would take possesion of it....all hypothetically of course...

This is exactly what I am saying. It's not like you are KNOWINGLY taking possession of the gun. Unless this gun is the ONLY thing you have ordered recently, and even then there's no way for you to know for certain what's in the package without opening it first. Therefore they cannot prove that you had the intent to commit a crime by illegally taking possession of a firearm.

[junkmanted 54]

they cant set you up if its not marked on the outside ( firearm) or something like ,, open it then take it to your dealer and let the 2 dealers work it out.

 

If you dont say anything then your breaking the law . and when the atf looks at that dealers books then maybe they will come a knocking

[Regulator72 80]

Ok, I assume we are talking about a gun that is "new" to you? Not one you previously own? I.e, sent out for repair? I'm suprised we (NJ Sheeple) are allowed to do this.. My SW went out for repair and was fedex'd back to my office... it felt funny...

[heaterbob 53]

option 1 refuse shipment wait the extra week or so.

option 2 pick package up while sweating bullets and trying to look calm (knowing you may end up face down in parking lot)

option 3 ask to open package, pull firearm out, get gunned down in lobby by atf or postal inspector

[Old School 611]

I would have to agree that refusing to accept the shipment would be the best option, just to be on the safe side. I don't think it would be easy to convict someone of taking possession of a firearm illegally when it was "accidentally" shipped to a personal residence, as there is no real "intent" to commit the crime.

 

Agreed- Intent is a very large component.

[john q publik 10]

Agreed- Intent is a very large component.

 

Not in NJ it ain't.

[bulpup 98]

eh, well if they can jail a man for taking his own pistol to a hotel after his flight was unintentionally held at Newark and hold him for a week after trying to check it back in, what hope do you have?

 

Plenty of preparataions for excuses means nothing when it means you can make them from jail while paying a lawyer. Its not like you get to go home and convince your online friends that already agree with you.

 

Quite frankly, if you posted this and said "gee I just got arrested for picking up a pistol that was accidentally sent directly to me," you would have more replies telling you got what was coming.

[Old School 611]

Not in NJ it ain't.

 

If you go in with a "Know it all" attitude you will get hammered.

 

Back to the same thing...Alot depends on the prosecutor.

[Pew Pew Plates 358]

If you order a bottle of advil and you get a brick of heroin, do you think you would be thrown in jail if you were pulled over with the unopened package( You still had no clue that it was heroin) ? If that was the case you could just mail illegal stuff to anyone you wanted in jail.

[Malsua 1,422]

If you order a bottle of advil and you get a brick of heroin, do you think you would be thrown in jail if you were pulled over with the unopened package( You still had no clue that it was heroin) ? If that was the case you could just mail illegal stuff to anyone you wanted in jail.

 

Well, you could get a box of pot delivered to your doorstep and the swat team will come in and kill your dogs.

 

Nevermind you're the mayor and it was a drug running gang shipping through Fedex that you had nothing to do with. http://en.wikipedia.org/wiki/Berwyn_Heights,_Maryland_mayor%27s_residence_drug_raid

[bulpup 98]

If you order a bottle of advil and you get a brick of heroin, do you think you would be thrown in jail if you were pulled over with the unopened package( You still had no clue that it was heroin) ? If that was the case you could just mail illegal stuff to anyone you wanted in jail.

 

All good things to ponder from a jail cell. You would have plenty of time.

[mipafox 438]

If you order a bottle of advil and you get a brick of heroin, do you think you would be thrown in jail if you were pulled over with the unopened package( You still had no clue that it was heroin) ? If that was the case you could just mail illegal stuff to anyone you wanted in jail.

 

^^That's the point.

 

If you have a brick of heroin, and you know it, but you think it's legal, you have intent and you have broken the law. Even though you did not intend to break the law. You did intend to possess heroin, and that happens to be illegal. Doesn't matter if you know it or not.

 

If you have a brick of heroin, and you think it's advil, you do not have intent and you are innocent (good luck with that).

[vjf915 456]

(good luck with that).

Yea good luck with it. It would be a hard battle. However..... "I was driving home from Shop Rite. I purchased what appeared to be a box containing a bottle of Advil. Before opening the box, I was pulled over, and the police officer determined that there was actually heroin in the box of Advil." Assuming you have the receipts, and the officer does testify that the box was an unopened Advil box....that's a much better defense than: "Yes, you found heroin in my pants pocket...but those weren't my pants."