Ok - Back in January I sent my beretta over to Wilson Combat to have some work done on it, last week Thursday they contact me and said its ready to be shipped back to me. They send it out UPS 2nd day air and give me a tracking number, tracking number says delivery on Monday.
Long story short - UPS delivered my custom Beretta to the wrong address!!!!!! They delivered it it St. John's Boutique in Ala Moana shopping center, they sign for it, open it and freaked out that a gun was in their store so they called HPD. Now my Beretta is at the evidence room at HPD  I contacted HPD this morning and tried to get my gun back but no luck  CRU who picked it up says it's at the evidence room and that I can go ahead and pick it up during business hours, than evidence tells me they won't release it without it going through firearms first, than firearms says they can't release it without reviewing the case and for me to check back next week?   

They already know it's my firearm and  they already know UPS screwed up - why can't they just give me back my firearm?

That's messed up,i hope every thing works out in the end,

If you haven't yet, file a stolen/missing property report so they and you have an official report of what happened.

Sometimes you'll find someone who can expedite the process to save themselves extra paperwork.

Good luck!

If you haven't yet, file a stolen/missing property report so they and you have an official report of what happened.

Sometimes you'll find someone who can expedite the process to save themselves extra paperwork.

Good luck!

second that

also file a federal compliant at
St. John , they shouldn't have opened a package not addressed to them.

As usual great advice.  I hope I remember all of it, if and when it ever happens to me.

Ok - Back in January I sent my beretta over to Wilson Combat to have some work done on it, last week Thursday they contact me and said its ready to be shipped back to me. They send it out UPS 2nd day air and give me a tracking number, tracking number says delivery on Monday.
Long story short - UPS delivered my custom Beretta to the wrong address!!!!!! They delivered it it St. John's Boutique in Ala Moana shopping center, they sign for it, open it and freaked out that a gun was in their store so they called HPD. Now my Beretta is at the evidence room at HPD  I contacted HPD this morning and tried to get my gun back but no luck  CRU who picked it up says it's at the evidence room and that I can go ahead and pick it up during business hours, than evidence tells me they won't release it without it going through firearms first, than firearms says they can't release it without reviewing the case and for me to check back next week?   

They already know it's my firearm and  they already know UPS screwed up - why can't they just give me back my firearm?

It is illegal for an FFL to ship a firearm over state lines to a unlicensed person.

It is legal for an FFL to ship a firearm over state lines to an FFL in the state.

I apologize in advance for this post if you are an FFL.  If you are, then you should have no problem getting your firearm back from HPD.  I can't comment on whether you will be able to get it back from HPD if you aren't licensed though.

FFL is not required if it was in your possession and sent to a FFL 01/ 07 for repair or service, they can mail it directly back to the original owner.

Only ONE FFL on either end is required.

FFL is not required if it was in your possession and sent to a FFL 01/ 07 for repair or service, they can mail it directly back to the original owner.

Only ONE FFL on either end is required.

You're probably right.  I'm not super keen on this kind of stuff especially when it comes to any exceptions for licensed manufacturers.  It might just be me, but the regs seem pretty clear on the subject though.  Again, i could be wrong.  I'm only here to help.  The last thing we need is someone going to jail for something that could have been prevented.

27 C.F.R. § 478.29
§ 478.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.



27 C.F.R. § 478.96
§ 478.96 Out-of-State and mail order sales.

(a) The provisions of this section shall apply when a firearm is purchased by or delivered to a person not otherwise prohibited by the Act from purchasing or receiving it.

(b) A licensed importer, licensed manufacturer, or licensed dealer may sell a firearm that is not subject to the provisions of § 478.102(a) to a nonlicensee who does not appear in person at the licensee's business premises if the nonlicensee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee furnishes to the licensee the firearms transaction record, Form 4473, required by § 478.124. The nonlicensee shall attach to such record a true copy of any permit or other information required pursuant to any statute of the State and published ordinance applicable to the locality in which he resides. The licensee shall prior to shipment or delivery of the firearm, forward by registered or certified mail (return receipt requested) a copy of the record, Form 4473, to the chief law enforcement officer named on such record, and delay shipment or delivery of the firearm for a period of at least 7 days following receipt by the licensee of the return receipt evidencing delivery of the copy of the record to such chief law enforcement officer, or the return of the copy of the record to him due to the refusal of such chief law enforcement officer to accept same in accordance with U.S. Postal Service regulations. The original Form 4473, and evidence of receipt or rejection of delivery of the copy of the Form 4473 sent to the chief law enforcement officer shall be retained by the licensee as a part of the records required of him to be kept under the provisions of subpart H of this part.

(c)(1) A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if--

     (i) The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun;

     (ii) The licensed importer, licensed manufacturer, or licensed dealer complies with the provisions of § 478.102;

     (iii) The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by § 478.124; and

     (iv) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

(2) For purposes of paragraph (c) of this section, any licensed manufacturer, licensed importer, or licensed dealer is presumed, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both such States.



27 C.F.R. § 478.30
§ 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and

(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.



27 C.F.R. § 478.97
§ 478.97 Loan or rental of firearms.

(a) A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes: Provided, That the delivery of the firearm to such person is not prohibited by § 478.99(b) or § 478.99(c), the licensee complies with the requirements of § 478.102, and the licensee records such loan or rental in the records required to be kept by him under Subpart H of this part.

(b) A club, association, or similar organization temporarily furnishing firearms (whether by loan, rental, or otherwise) to participants in a skeet, trap, target, or similar shooting activity for use at the time and place such activity is held does not, unattended by other circumstances, cause such club, association, or similar organization to be engaged in the business of a dealer in firearms or as engaging in firearms transactions. Therefore, licensing and recordkeeping requirements contained in this part pertaining to firearms transactions would not apply to this temporary furnishing of firearms for use on premises on which such an activity is conducted.



27 C.F.R. § 478.102
§ 478.102 Sales or deliveries of firearms on and after November 30, 1998.

(a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:
(1) Before the completion of the transfer, the licensee has contacted NICS;
(2)(i) NICS informs the licensee that it has no information that receipt of the firearm by the transferee would be in violation of Federal or State law and provides the licensee with a unique identification number; or
(ii) Three business days (meaning days on which State offices are open) have elapsed from the date the licensee contacted NICS and NICS has not notified the licensee that receipt of the firearm by the transferee would be in violation of law; and
(3) The licensee verifies the identity of the transferee by examining the identification document presented in accordance with the provisions of § 478.124(c).
Example for paragraph (a). A licensee contacts NICS on Thursday, and gets a “delayed” response. The licensee does not get a further response from NICS. If State offices are not open on Saturday and Sunday, 3 business days would have elapsed on the following Tuesday. The licensee may transfer the firearm on the next day, Wednesday.
(b) Transaction number. In any transaction for which a licensee receives a transaction number from NICS (which shall include either a NICS transaction number or, in States where the State is recognized as a point of contact for NICS checks, a State transaction number), such number shall be recorded on a firearms transaction record, Form 4473, which shall be retained in the records of the licensee in accordance with the provisions of § 478.129. This applies regardless of whether the transaction is approved or denied by NICS, and regardless of whether the firearm is actually transferred.
(c) Time limitation on NICS checks. A NICS check conducted in accordance with paragraph (a) of this section may be relied upon by the licensee only for use in a single transaction, and for a period not to exceed 30 calendar days from the date that NICS was initially contacted. If the transaction is not completed within the 30–day period, the licensee shall initiate a new NICS check prior to completion of the transfer.
Example 1 for paragraph (c). A purchaser completes the Form 4473 on December 15, 1998, and a NICS check is initiated by the licensee on that date. The licensee is informed by NICS that the information available to the system does not indicate that receipt of the firearm by the transferee would be in violation of law, and a unique identification number is provided. However, the State imposes a 7–day waiting period on all firearms transactions, and the purchaser does not return to pick up the firearm until January 22, 1999. The licensee must conduct another NICS check before transferring the firearm to the purchaser.
Example 2 for paragraph (c). A purchaser completes the Form 4473 on January 25, 1999, and arranges for the purchase of a single firearm. A NICS check is initiated by the licensee on that date. The licensee is informed by NICS that the information available to the system does not indicate that receipt of the firearm by the transferee would be in violation of law, and a unique identification number is provided. The State imposes a 7–day waiting period on all firearms transactions, and the purchaser returns to pick up the firearm on February 15, 1999. Before the licensee executes the Form 4473, and the firearm is transferred, the purchaser decides to purchase an additional firearm. The transfer of these two firearms is considered a single transaction; accordingly, the licensee may add the second firearm to the Form 4473, and transfer that firearm without conducting another NICS check.
Example 3 for paragraph (c). A purchaser completes a Form 4473 on February 15, 1999. The licensee receives a unique identification number from NICS on that date, the Form 4473 is executed by the licensee, and the firearm is transferred. On February 20, 1999, the purchaser returns to the licensee's premises and wishes to purchase a second firearm. The purchase of the second firearm is a separate transaction; thus, a new NICS check must be initiated by the licensee.
(d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if--
(1) The transferee has presented to the licensee a valid permit or license that--
(i) Allows the transferee to possess, acquire, or carry a firearm;
(ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(iii) The law of the State provides that such a permit or license is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the transferee would be in violation of Federal, State, or local law: Provided, That on and after November 30, 1998, the information available to such official includes the NICS;
(2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; or
(3) On application of the licensee, in accordance with the provisions of § 478.150, the Director has certified that compliance with paragraph (a)(1) of this section is impracticable.
(e) The document referred to in paragraph (d)(1) of this section (or a copy thereof) shall be retained or the required information from the document shall be recorded on the firearms transaction record in accordance with the provisions of § 478.131.

An individual firearm owner may ship a firearm to a FFL licensed dealer or licensed manufacturer for repairs or customization. The licensed party who does the work may then ship the firearm back to the owner's address when repairs or customization have been completed.

You're probably right.  I'm not super keen on this kind of stuff especially when it comes to any exceptions for licensed manufacturers.  It might just be me, but the regs seem pretty clear on the subject though.  Again, i could be wrong.  I'm only here to help.  The last thing we need is someone going to jail for something that could have been prevented.

27 C.F.R. § 478.29
§ 478.29 Out-of-State acquisition of firearms by nonlicensees.


27 C.F.R. § 478.96
§ 478.96 Out-of-State and mail order sales.


27 C.F.R. § 478.30
§ 478.30 Out-of-State disposition of firearms by nonlicensees.


27 C.F.R. § 478.97
§ 478.97 Loan or rental of firearms.


27 C.F.R. § 478.102
§ 478.102 Sales or deliveries of firearms on and after November 30, 1998.

All of these have to do with acquisition and sales.  In other words, a transfer.

7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him?
May the licensee return the firearm to me, even if the shipment is across State lines?

Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the
firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common
or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned
to the person from whom received without transferring the firearm through an FFL in the recipient’s State of residence.
FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C. § 922(a)(2)(A).

https://www.atf.gov/file/61721/download

Thanks Mauidog for more clarification.Interestingly, why the store opened the package though it has a wrong recipient name.

All of these have to do with acquisition and sales.  In other words, a transfer.

https://www.atf.gov/file/61721/download

Interesting.  I had no idea about that exception.  I stand corrected.

Thanks Mauidog for more clarification.Interestingly, why the store opened the package though it has a wrong recipient name.

The store never should have accepted AND SIGNED for the package, and UPS never should have allowed them to sign for it since the recipient name didn't match the store or anyone there..

An individual can send a firearm to a ffl for repair and receive it back to your address.  It suppose to be adult signature and only that person.

I hope you complained to ups. 

Shetty situation. I hope you get your gun back soon so I can try it out. 

The store accepted a package that was not addressed to them and opened it - isn't there law(s) that addresses this?

The store accepted a package that was not addressed to them and opened it - isn't there law(s) that addresses this?

I think the problem with trying to press charges is, this is a commercial carrier, not the Post Office.  Federal postal laws don't apply.

Wow that's fucked.  Been thinking about sending my VP9 out for custom work but maybe I'll just fly it up there for a vacation lol.

I feel your pain, man.
I hope you get it worked out.

Wow that's fucked.  Been thinking about sending my VP9 out for custom work but maybe I'll just fly it up there for a vacation lol.

where you going to send your VP9, drak?
hkparts.net has a couple of springs that they are selling, but they are getting mixed reviews on hkpro.com