Certified Mail/Return Receipt Requested/
Article #xxx xxxx xxxx xxx
Claims and Inquiry Section
USPS
Re: Appeal of United States Postal Service Insurance Claim (Claim ID: XXXX) (Parcel ID:XXXXXX)
Dear xxxx,
This is my formal appeal of the initial decision rendered by the USPS regarding claim ID xxxxxx. The stated reason for this denial was the shipped item, a double-barreled shotgun, is classified as “nonmailable” under 18 USC 1715. I believe that 18 USC 1715 is being misapplied to this claim and will present evidence which states clearly that 1) this shotgun was mailed according to postal standards and 2) fails to meet the definition of “nonmailable”.
The USPS issued a denial letter dated XX/XX/XXXX, indicating that my Armas Garbi shotgun was nonmailable pursuant to 18 USC 1715. Specifically cited in the letter is the passage “Pistols, revolvers, and other firearms capable of being concealed on a person are nonmailable except when mailed between authorized dealers”. However, the application of this law to this situation is incorrect for the following three reasons:
My shotgun is not a pistol
My shotgun is not a revolver
My shotgun is not “capable of being concealed” according to USPS own mailing standards.
Let me elaborate on discussion point number three. Section 601, part 11.3, of USPS Domestic Mailing Standards (provided as attachment #1), state “Although unloaded rifles and shotguns not precluded by 11.1.1 e and 11.1.2 are mailable, mailers must comply with the Gun Control Act of 1968….” What this means is that unless a shotgun meets the definitions provided at 11.1.1e or 11.1.2, it is in fact mailable.
So does my Armas Garbi shotgun meet the definitions provided at either 11.1.1e or 11.1.2? Absolutely not and here is why. Section 1.11.1 is not applicable because it refers to shotguns with “one or more barrels less than 18 inches long” and the barrels on my shotgun are 28 inches long. Section 11.1.2 is not applicable because it only refers to the shipping of handguns, clearly stating “Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable”. Because 11.1.1 and 11.1.2 do not apply, this shotgun is mailable under part 11.3 of USPS standards.
Below is a photo of an XXX shotgun. As one can see, this long gun of XX inches is not concealable either by definition or design.
INSERT PICTURE HERE
Let’s reflect on the Bureau of Alcohol, Tobacco, and Firearms (ATF) position regarding this matter. The following quote from an ATF interpretive document (see attachment #2) refers to firearms shipments made by people who do not possess a federal firearms license:
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Based on the above, ATF’s position is that the USPS considers shotguns as mailable.
The USPS denied my insurance claim because it classified my shotgun as either a pistol, a revolver or as capable of being concealed. The information I supplied on PS Form 1000 states that this is a shotgun, so I must assume that someone at the USPS has, without proof, made the determination that it is concealable. The reality is that a doubled barreled shotgun measuring 42” inches in length (with 28” barrels), is not concealable and is mailable by USPS Standards. What is more, the Bureau of Alcohol, Tobaco, and Firearms directly support this notion in writing.
I would venture that each year thousands of ordinary citizens use the USPS to legally ship their guns back and forth to licensed gunsmiths for repairs, just as I was doing. I bought $3000 of insurance on this shipment and my property was damaged. The shipment was made in accordance with USPS and Bureau of Alcohol, Tobacco, and Firearms rules. Despite the fact that replacement barrels would cost over $3,000 and are the only guaranteed fix, I am simply asking that the USPS honor its obligation and pay for repairs in the sum of $700.00.
I hope you find the above information helpful and will contact an in-house person with expertise in firearms shipping for their opinion as well. Thank you for your time and consideration. Please contact me at xxx-xxx-xxxx, should there be any questions.
Sincerely,