The Al Ricci Vicitimization Story

The Victimization of Al Ricci

We recently received an email from Mr. Al Ricci, who shipped a valuable firearm via UPS. The firearm was damaged and UPS denied his claim. At worst, UPS' confusion gives it leeway to victimize firearm-shippers. That is what befell Mr. Ricci. Read his message. We've not edited it at all. We left the full headers for you to see, so you'll know how his message reached us. For Mr. Ricci's story in his own words click here. We have added some supplemental information. We hope you will read what we have provided and choose your package delivery service wisely.

Mr. Al Ricci of West Warwick RI, shipped a collectible rifle that he had sold. He insured it. He used a UPS on-line shipping account. He did not have to fill in any forms at a customer service counter. He told the courier, who came to collect the parcel, that the box contained a rifle. The courier accepted it.

UPS mishandled the package. The rifle was badly damaged. UPS then refused to make good on its insurance contract with Mr. Ricci. UPS claimed he had violated UPS' tariff, by shipping a firearm for a purpose other than repair, as he does not have a Federal Firearms License (FFL).

However, UPS has conflicting statements in its "Terms of Service" see: http://www.ups.com/content/us/en/resources/service/terms/firearms.html
and its "Tariff" see:
http://www.ups.com/media/en/Final_Tariff_7-3.pdf

We show these apparent contradictions with bold-face type. We point out that Federal Law specifically authorizes any lawful firearm-owner to ship a firearm to a holder of a Federal Firearms License (FFL). An FFL-holder can return that same firearm to its lawful owner, even if the owner does not hold an FFL.

Note the language below - third item - that instructs the shipper to prove that s/he is qualified to ship firearms. In fact, Federal Law requires the shipper to show that the recipient is authorized to receive firearms, by virtue of holding an FFL.

This sloppiness does not surprise us. UPS couriers regularly leave "Adult Signature Required" packages on our doorstep - without getting a signature - even though the shippers have paid a fee to get that signature.

Shipping Firearms Including Handguns
Customers must observe the following procedures to ship firearms (including handguns) via UPS:

UPS accepts firearm shipments from UPS daily pickup accounts and through UPS Customer Counters. UPS daily pickup accounts can also ship firearms, not including handguns, through UPS Internet Shipping, On-Call PickupSM, and One-Time Pickup. Firearms are not accepted for shipment via UPS Letter Centers, UPS SonicAir BestFlightSM service, or international service. Firearms will not be accepted when presented for shipment at a UPS Authorized Shipping Outlet or a UPS Commercial Counter.

UPS accepts handgun shipments from UPS daily pickup accounts and through UPS Customer Counters. Handguns are not accepted for shipment via UPS Letter Centers, UPS SonicAir BestFlight service, UPS Internet Shipping, UPS On-Call Pickup, UPS One-Time Pickup, or international service. Handguns will not be accepted when presented for shipment at a UPS Authorized Shipping Outlet or a UPS Commercial Counter.

Firearm shippers shipping through a UPS Customer Counter must have a letter on record with UPS stating their status as an authorized firearm shipper.

Packages containing handguns must be segregated from other packages being tendered to UPS. Handgun shippers must verbally notify the UPS driver or UPS Customer Counter clerk of any package containing a handgun.

Packages containing handguns must be shipped via UPS Next Day Air Early A.M.®, UPS Next Day Air®, or UPS Next Day Air Saver® service.

UPS prohibits the inclusion of ammunition in packages containing firearms, including handguns.

In locations where a UPS Next Day Air service is not offered, packages containing handguns must be shipped via the most premium domestic air service available.

We do not know the difference between a "Customer" counter and a "Commercial" counter.

We think Al Ricci's sad tale is a harsh warning to all firearm owners, manufacturers, and dealers that they if they ship any firearm via UPS they may have similar problems to Mr. Ricci's.

We wonder why anyone in the firearms industry ships ANYTHING via UPS when there are alternatives.

The wise firearms manufacturer, or firearms dealer may ship any firearm including handguns via the United States Postal Service (USPS) to another FFL holder. Note: only those holding an FFL may ship a handgun via the USPS. Ordinary members of the public may NOT ship a handgun via the USPS, under any circumstances.

FedEx will accept handguns for shipment via its Express services (not FedExGROUND). Note the clear, easiliy understood language, excerpted from the FedEx Express tariff. For the complete tariff see: http://www.fedex.com/us/services/express/termsandconditions/us/firearms.html :

        FedEx Express can only accept and deliver firearms between areas served in the U.S. under the following conditions: You agree to tender shipments of firearms to us only when either the shipper or recipient is a licensed manufacturer, licensed importer, licensed dealer or licensed collector and is not prohibited from making such shipments by federal, state or local regulations. The shipper and recipient must be of legal age as identified by applicable state law.

        Firearms must be shipped FedEx Priority Overnight service. FedEx cannot ship or deliver firearms C.O.D. or with a signature release. Upon presenting the package for shipment, the person tendering the shipment to FedEx is required to notify the FedEx employee who accepts the package that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm. Firearms shipments cannot be placed in a FedEx Express Drop Box.

        You also agree not to ship firearms loaded or with ammunition.

We reproduce below FedExGROUND's clear statement of its policies see: http://www.fedex.com/us/services/ground/termsandconditions/firearmsus.html

FedEx Ground will transport firearms (excluding handguns), but ONLY between:

Licensed importers, licensed manufacturers, licensed dealers, licensed collectors, law enforcement agencies of the United States or of 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 federal, state or local law from individuals to licensed importers, licensed manufacturers or licensed dealers for the purpose of repair or customizing (and return of same).

FedEx Ground will transport small arms ammunition, when packed and labeled in compliance with federal, state and local law.

FedEx Ground will not accept for transport handguns, assembled or disassembled.

FedEx Ground seems to have done its homework.

Those, who choose to ship firearms with UPS, are dealing with a firm that at best is deeply confused by Federal laws relating to the shipment of firearms.

Federal law specifies that any person may ship a firearm to any holder of a Federal Firearm License (see 18 USC 922(a)(2)(A) and 922(e); also 27CFR178.31. For the first USC citation, see:
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+522+1++%
28%29%20%20AND%20%28%2818%29%20ADJ%20USC%29%3ACITE%20
AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20%20%20%20%20%20%20%20%20

It is prudent to get a hand-signed copy of that license, before you ship any firearm. Verify that the license is valid by consulting the BATF website http://199.196.145.75/FFLeZCheck

To read Mr. Al Ricci's story in his own words click here.

Comments, questions send email:
Jay Edward Simkin
Alan M. Rice

Up to Home