Posted: 8/10/2006 8:30:48 PM EDT
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Hypothetical Scenario: Let's say that you are shipping a gun to an FFL in another state. You've confirmed that the person that you are shipping the gun to is an FFL. You ship the gun through a common carrier (like Fed Ex or UPS), and at the time of shipment you declare to the person accecpting the package that it is a firearm. There is nothing on the outside of the package which indicates that there is a firearms inside (other than maybe the name ov the business). You pay the fee and they take the gun for overnight delivery. Now let's say that when the delivery person shows up at the FFL with the package there is no one there to sign for it and so the delivery person leaves the package outside the door. Before the FFL comes back, someone comes by, sees the package, decides that this is their lucky day and helps themselves to your package. Can you as the person shipping the package be held legally responsible if the person who stole the package commits a crime with the firearm inside the package? I know that some states will prosecute you if a criminal gets ahold of your gun because it was not secured (they brake in, see your gun on the night stand and make off with it), but can the same hold true for a stolen package that you did not personally leave unsecured? Also, can the common carrier be held liable for dammages if they leave the package unattended at the delivery address? |
 Apparently, you have not read too many of the UPS threads in here lately???? UPS will basically tell you to bugger off & make you spend time, $$$$ & effort to make them do the right thing. My .o2 |
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Typically you are absolved of responsibility (check this in YOUR State and the Destination State) when you hand a package over to a Common Carrier. The onus falls on the Common Carrier (i.e. UPS, FedEx, DHL, etc.) to now exercise some control over it. Typically Common Carriers will not have the same strict liability for 'loss of control of a handgun' or whatever that an actual private owner would. That's just the way it works. As to civil liability to you for the lost item, Insurance and such, others will need to speak to that. Futuristic |