Al Ricci

1454 Main Street

West Warwick, RI 02893

Phone/Fax 401-823-7186

Cell 401-481-2252

To all recipients…..

I am writing to alert all in the shooting community of a potential problem we, as individual, may suffer when dealing with the United Parcel Service. Let me explain.

I, as an individual, sold a valuable firearm to a dealer in Nevada. This transaction is perfectly legal under all Federal and State laws. The firearm was shipped via UPS and insured for $1,400. One would think that the GCA and applicable state laws would be the defining authority in transactions such as these. This isn’t the case when UPS is involved.

The package arrived and upon inspection of the contents, the rifle was severely damaged. It’s apparent that the package was subjected to prolonged intense heat as would be the case of sitting is a trailer in the middle of Nevada . The foam disintegrated and the rifle was badly damaged as a result of shifting and banging against the steel piano hinge of the aluminum case.

I’m sure some of you will question the packaging and am I in any way at fault for the damage. I think not since this is the way manufacturer’s ship firearms. The case was wrapped in heavy cardboard, strapped, impact cushions placed on all sides, wrapped again, strapped and wrapped one more time and strapped. It was then properly labeled and sent on its way. This is not the issue. The issue is the contradictory regulations of UPS.

My claim has been denied on the basis of the UPS tariff section 425 that states firearms will only be shipped between FFL holders with the exception of firearms being shipped for repair, modification, etc. Since I was unaware of this regulation, I will take the loss and consider it tuition of sorts. However, another UPS regulation states that firearms will only be shipped between licensed dealers only with no exceptions noted. These contradictory regulations are not very well known by shooting enthusiasts and, in my research, not very well known by dealers either.

The problem here is simply that individuals like myself leave themselves open for loss even when they believe they are complying with all laws and regulations. Based on these contradictory regulations, UPS would have denied my claim regardless of what the purpose of the shipment was; be it a sale or repair.

Based on this contradiction, a question arises. If a gun owner ships his firearm back to the manufacturer, via UPS, and damage or loss occurs, UPS regulations state that he in violation. Hence, he will be denied the claim. I have spoken with the legal departments of a couple of firearms manufacturers and they tell me they have a contract with UPS and shipments from an individual to their facility are within the regulations and that the return of the firearm is also within their regulations. I have to wonder, if Browning or Winchester ships my firearm back to me and damage or loss occurs am I going to take the loss? Any damage that occurs on the return trip back the individual will be paid on their (the manufacturer’s UPS insurance). However, damage that occurs on the way to the manufacturer would be covered under the individuals insurance. Either way, contract or not, UPS is violating its own regulations by shipping the firearms back to the individual owner. UPS sells the insurance, accepts the package and if damage occurs has these contradictory regulations that will cause a denial of a claim. An interesting situation wouldn’t you agree?

I have contacted the National Office of the NRA and am awaiting a reply. I also have participated in various forums in the on line community.

My purpose for this writing is not to seek absolution, forgiveness or shake a tin cup. My purpose is to try to alert as many others as possible of this potential problem with UPS. I don’t want my loss to be for nothing. If others are spared this aggravation, my loss would have served a purpose.

I urge that you review the UPS regulations and, if you see the regulations as I do as posing a potential problem for us law abiding gun owners, alert your organizations. I firmly believe that organization such as yours, the NRA, the ATA, etc. are obligated to warn their members of this very unfair and potentially costly loophole.

Feel free to contact me if you have any questions or comments.

Yours truly,

Al Ricci

http://www.ups.com/media/en/Final_Tariff_7-3.pdf

http://www.ups.com/content/us/en/resources/prepare/guidelines/firearms.html

Follow up to Al_Riccis_letter above is found below:

Subject: Re:

From: "Al Ricci"

Date: Thu, 23 Oct 2003 16:56:07 -0400

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Al Ricci

1454 Main Street

West Warwick, RI 02893

Phone 401-823-9965

Fax 401-823-7186

Cell 401-481-2252

Regarding the UPS Alert I previously sent, an issue has come to light you might find interesting.

I was alerted by a recipient of my email to a major problem in the UPS tariff that does not allow anyone (dealers and law enforcement agencies included) to ship firearms for any reason other than repair, customization or repair. Firearms shipped as a sale are not allowed regardless of dealer status. Strange as this sounds, this is exactly what the UPS tariff states.

I was told by UPS Representatives that because I was an individual the sale of a firearm was not allowed under the tariff. The explanation was simply a non FFL holder cannot ship a sale gun via UPS, hence claim denied.

Below is the section regarding firearms. I urge you to read it closely and consider the punctuation. I have highlighted the first section regarding the shipment of firearms. Read it carefully. You will see that there is no mention of shipping firearms by anyone for the purpose of sale, only for repair, customization or replacement. Following is the same section with the reference to the laws and acts omitted for easier reading.

I think once you read this you will agree that UPS has been shipping firearms in violation of its own tariff from not only individuals but dealers, wholesalers and manufacturers as well.

This is the text of section 425 of the UPS tariff:

FIREARMS AND AMMUNITION

Firearms will be transported only between licensed importers, licensed manufacturers, licensed dealers and licensed collectors, as defined in the United States Gun Control Act of 1968 (Public Law 90-618, enacted October 22, 1968), as amended by the Firearms Owners' Protection Act (P.L. 99-308, approved May 19, 1986, and a subsequent amendment thereto, P.L. 99-360, approved July 8, 1986) ("the Acts"), 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 subdivision thereof, and from a person not otherwise prohibited by Federal, State or local law to a licensed importer, licensed manufacturer or licensed dealer for the sole purpose of repair or customizing, and the repaired firearm or a replacement firearm of the same kind or type on return from the licensed importer, licensed manufacturer or licensed dealer to that person. The shipper must affix a UPS label, requesting an adult signature upon delivery, to each package containing a firearm. Adult means a person 21 years of age or older. Handguns, as defined by the Acts, will only be accepted for transportation via UPS Next Day Air Services, but will not be accepted for transportation via UPS Drop Boxes, Internet Shipping, or in response to a request for a One-Time Pickup or for On-Call Pickup Service. Firearms, including handguns, will not be accepted when presented for shipment at a UPS Authorized Shipping Outlet or a UPS Commercial Counter. Small arms ammunition, as defined in 49 C.F.R. Section 173.59, will be transported only when packaged and labeled in compliance with 49 C.F.R.

This is the same section of the tariff with some of the fat cut out. I think you will see that the UPS tariff does not allow anyone, regardless of dealer or law enforcement status, ship firearms.

Firearms will be transported only between licensed importers, licensed manufacturers, licensed dealers and 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 subdivision thereof, and from a person not otherwise prohibited by Federal, State or local law to a licensed importer, licensed manufacturer or licensed dealer for the sole purpose of repair or customizing, and the repaired firearm or a replacement firearm of the same kind or type on return from the licensed importer, licensed manufacturer or licensed dealer to that person.

Sincerely,

Al Ricci

To contact Mr. Ricci click here.

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