Moved back to Kauai. Question about how to get one of my guns here from Texas. (Read 9219 times)

michaelkih

Aloha!

First of all, it feels great to be back home in Kauai!  My wife and I have worked for years to make this happen, and it has been amazing being back here!!!  We are ready to start a family and the next chapter of our lives here.

I just moved here from Texas, and have left all of my guns back in my house gun vault in Texas.  They can be something I look forward to when I visit Texas.  I realize that I can not own any of my NFA items here, but I would like to at least bring one of my semi auto AKs over here.  They are my favorite guns, and I'd like to have something.  Things are little complicated with me though.  I live in both states really, and it's not just a simple "I moved here and that's it", so I'm posting here to see what the heck I need to do to bring a gun here and own it here.

- I still have a house in Texas that I do not plan on ever selling. 
- I am an FFL / SOT gun dealer in Texas with a business partner there.  We are NFA items only.  I do everything online, and he meets with the people.
- My driver's license is in Texas (For now unless I need to change it to here)
- I am living in one of several houses my family all has to share.  They are almost all vacant, and all eventually becoming my responsibility, so I'm here to go ahead and start gutting and getting them nice again, and feel it's my duty to do so.  (The houses are from the 1940s).  There is no mortgage or rent though.
- I work online for a company in Texas.  I own a gun store in Texas.  I plan on getting a job here eventually more to meet people than anything.  Not really for money.
- I have a bank account here in Kauai with my wife.
- I have three cars registered here in Kauai.

My questions are really two parts with knowing everything I listed above.

-How do I get my gun here?  It's already mine.  Can I just ship it here to myself?  If not, can I just go back to Texas, and fly it over.  Or could a relative in Texas fly it over?  It's already mine, but there is no registration over there so no real proof of that.  I could come up with a bill of sale if needed.

-Once it's here, how do I register it since I don't have a DL here?  Will the bank account with my home address here work?  Should I get a new DL for Kauai?

Hopefully someone here will be able to help.  If not, I guess I'll just go to the PD and ask them, but I'm not sure how police are here towards civilians and gun ownership vs how great they are with that in Texas.  I love it here, and I'm very happy with the move.  The only things I can't stand are these insane gun laws, and the fenders / mudflap laws haha.  Like I told all my gun friends though, there's way more to life than guns.

Mahalo!
Mike
« Last Edit: November 14, 2017, 11:02:26 PM by michaelkih »

rklapp

I brought over two rifles and a pistol with me. All I had to say is "brought in from another State" and got the registration permit in two weeks. I don't recall being asked for documentation about moving to the State or firearm registration from Nevada where I purchased the firearms. This was before the Rapback and the medical records request they started in 2015. When registering firearms from other States, you will be included into the Rapback database ($42) but not sure if you'll have to fill out the medical records request. Overall, they rely on the other State to determine if you were eligible to purchase the weapon.

Honolulu has a detailed firearm registration website but don't see anything on the Kauai website. http://www.kauai.gov/Police

My understanding is that there's no non-hunting place to shoot on the island except for the Sporting Clays.
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Wake27

Your situation is very similar for many active duty military, including myself. I moved here from VA and left all of my guns at my parents until I had stuff straightened out. Your best bet is to fly the guns out here. I don’t know if a family member/friend can do that for you, but I’ve never had to prove that I’m the owner of the gun so I don’t see why not. Flying is relatively straightforward and there is a lot of discussion about it here and elsewhere on the web but basically you can fly up to five guns and 11 pounds of ammo typically, but they have to be in a hard, lockable case. You have the only keys to that case and have to inform the person at the counter when checking in to your flight. They’ll have you fill out a form stating that the gun is unloaded and throw it into the gun case. TSA may or may not want to take a closer look. That’s typically about it, though you may have to grab it from the oversized luggage section of the baggage claim. Then within five days you have to take it to HPD to register. No need for a HI license. I’ve been here for over three years and kept my VA license, mostly because it’s easier to buy guns in VA and I need their license to do so when I’m back there. The only other real option is to have a friend or family member in TX send it via FFL transfer, but HI requires you to go through the entire permit process whether you own the gun or not. That’s both an insult and a pain in the ass in my opinion so I decided to wait to bring some out until I flew back home. Hopefully that helps, let me know if you have any questions. And keep in mind this is all based on my experience on Oahu. I’m not sure whether it’d be different for you based on having an FFL/SOT and being on another island, but their laws are pretty rigid so I doubt it would.

suka

Mail your Rifles; USPS to yourself is the cheapest way.

macsak

Mail your Rifles; USPS to yourself is the cheapest way.

suka is correct, you are able to mail the rifles you already own to yourself
then take them to register at the police station within 5 days
say the magic words "out of state" and you are good

michaelkih

Thanks guys

Wake27

Mail your Rifles; USPS to yourself is the cheapest way.

Technically in order to do so legally, he would have to be in TX, mail them to his address here, and then hop on the plane and be back at that address by the time they arrived, correct? All of my guns are insured but I still wouldn't want to mail most of them, especially through USPS.

changemyoil66

And Rapback welcomes another.

2ahavvaii

This is USPS's official rules. I have no doubt people don't follow to a letter, but just putting it out there.

https://about.usps.com/postal-bulletin/2011/pb22321/html/updt_001.htm


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.

sethaddison

Technically in order to do so legally, he would have to be in TX, mail them to his address here, and then hop on the plane and be back at that address by the time they arrived, correct? All of my guns are insured but I still wouldn't want to mail most of them, especially through USPS.
I believe he doesn't have to beat the package to his new address, but he is the ONLY person allowed to open the boxes. So who ever signs for them has to leave them sealed until he arrives.
But don't quote me on that, I only have pretend internet law degree...

Sent from my SM-G950U using Tapatalk

Flapp_Jackson

I believe he doesn't have to beat the package to his new address, but he is the ONLY person allowed to open the boxes. So who ever signs for them has to leave them sealed until he arrives.
But don't quote me on that, I only have pretend internet law degree...

Sent from my SM-G950U using Tapatalk

Correct.  The law stated you can mail the firearm "In Care Of" a person living at the address where you intend to pick it up.  And, yes, only the owner is supposed to open it.

If you don't have an address at the destination, you could send it to an FFL and collect it there.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

michaelkih

Ok.  Since I'm already here, it looks like I have to wait until I go back to Texas to grab it and mail it to me or fly it back.  Thanks for the help guys.  The rules here are ridiculous.  Sad.

2ahavvaii

Well that's actually a USPS rule,  and it does kinda make sense.   Only the owner should be able to mail  their own firearms across state lines.    Kinda fortunate already that you don't have to deal with ffls at all.   

You probably could have a friend or relative mail for you, and there won't be issues,   but what happens if usps happens to inspect it and discover the owner isn't the one mailing it? 

rklapp

So pistols must be FFL?

Quote
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:
* * * * *
[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.
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Flapp_Jackson

So pistols must be FFL?

No, you do not need an FFL to mail guns to yourself.  The rules you're referencing pertain to USPS.

If you're mailing a pistol, and you don't have an FFL or gunsmith license yourself, you can't use USPS.  You must use a commercial carrier:  UPS, FedEX, DHL, etc.

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

London808

Ok.  Since I'm already here, it looks like I have to wait until I go back to Texas to grab it and mail it to me or fly it back.  Thanks for the help guys.  The rules here are ridiculous.  Sad.

Thats not the rules here, Thats the law everywhere.  You can mail guns to anyone else, only to yourself and then only rifles.

At which point you might as well just fly them here with you as checked luggage.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

No, you do not need an FFL to mail guns to yourself.  The rules you're referencing pertain to USPS.

If you're mailing a pistol, and you don't have an FFL or gunsmith license yourself, you can't use USPS.  You must use a commercial carrier:  UPS, FedEX, DHL, etc.

Fed can only ship to an FFL.  UPS only to an FFL, DHL will not ship firearms or parts what so ever.  Essential you cant ship pistols to yourself via mail.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Flapp_Jackson

Thats not the rules here, Thats the law everywhere.  You can mail guns to anyone else, only to yourself and then only rifles.

At which point you might as well just fly them here with you as checked luggage.

Incorrect.

ATF FAQ: 

5. May I lawfully ship a firearm to myself in a different State?   

Any person may ship a firearm to himself or herself in the care of another person in the State where he or she intends to hunt or engage in any other lawful activity.  The package should be
addressed to the owner of the firearm “in the care of” the out-of-State resident.  Upon reaching its destination, persons other than the owner of the firearm must not open the package or take
possession of the firearm.  The out-of-State resident is encouraged to place the package in a safe and secure location until the owner of the firearm is available to take physical possession.

The only difference for handguns is method of shipping.  You can mail long guns (USPS) or ship via a common carrier..  A common or contract carrier must be used to ship a handgun (FedEx, UPS, etc.).

This only applies to shipping/mailing firearms to oneself.  If you need to ship to someone else who is a nonlicensee, the rules are different.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Fed can only ship to an FFL.  UPS only to an FFL, DHL will not ship firearms or parts what so ever.  Essential you cant ship pistols to yourself via mail.

I've not used DHL, so that's probably the case.  I have used FedEX and UPS.  Handguns shipped through them must use 2-day service.

Shipping handguns to yourself is permitted as long as the right shipper, service and declarations are used.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

London808

I've not used DHL, so that's probably the case.  I have used FedEX and UPS.  Handguns shipped through them must use 2-day service.

Shipping handguns to yourself is permitted as long as the right shipper, service and declarations are used.

Maybe things have changed, but their current policy is no

http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html

Firearms
Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016