Legal Q&A
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The Sniper
Everyone, Registered Users Posts: 3,910
OK, so a cigar question for the BOTL, especially for those in legal & law enforcement fields... when I sent out the Karma Bomb recently, there was something wrong with the box I packed them in. The girl sold me a new box & told me she would put the original package in the new box, all well and good. I leave - and 3 minutes later I get a call from the girl, in a panic, because "You cant send alcohol TOBACCO or firearms thru the mail. Its a federal offense!!!"
This girl has got to be incorrect about this, right? PLEASE tell me I dont have to worry about the federales showing up on my doorstep because I commited the heinous crime of sending the gift of yummy cigar goodness to my friends. Am I rolling the dice every time I send out a trade, pass or bomb??? Yankee, I know you're a retired police chief... Alex Svenson, you should have the inside skinny on this too! Yoda kuzi, what does the Force tell you? Somebody let me know!!!
This girl has got to be incorrect about this, right? PLEASE tell me I dont have to worry about the federales showing up on my doorstep because I commited the heinous crime of sending the gift of yummy cigar goodness to my friends. Am I rolling the dice every time I send out a trade, pass or bomb??? Yankee, I know you're a retired police chief... Alex Svenson, you should have the inside skinny on this too! Yoda kuzi, what does the Force tell you? Somebody let me know!!!
Comments
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according to THIS she's full of $hit... about the fifth paragraph. Google's my friend... hahaThe Sniper:OK, so a cigar question for the BOTL, especially for those in legal & law enforcement fields... when I sent out the Karma Bomb recently, there was something wrong with the box I packed them in. The girl sold me a new box & told me she would put the original package in the new box, all well and good. I leave - and 3 minutes later I get a call from the girl, in a panic, because "You cant send alcohol TOBACCO or firearms thru the mail. Its a federal offense!!!"
This girl has got to be incorrect about this, right? PLEASE tell me I dont have to worry about the federales showing up on my doorstep because I commited the heinous crime of sending the gift of yummy cigar goodness to my friends. Am I rolling the dice every time I send out a trade, pass or bomb??? Yankee, I know you're a retired police chief... Alex Svenson, you should have the inside skinny on this too! Yoda kuzi, what does the Force tell you? Somebody let me know!!! -
She's wrong on a number of counts. You can send tobacco through the mail. You CAN send firearms through the mail. However, individuals cannot send a handgun, only long arms. An FFL can ship long arms and handguns through USPS. Individuals can send A, T, and F through a common carrier, provided other laws are abided.
That said, I am curious, were you using USPS or a common carrier? Reason I ask is you referred to the person accepting the package as "the girl." Nothing wrong with that, I just think of a younger person by that description, the kind more likely to be working at Kinkos or UPS Store than a post office.
Anyhow, it was her mistake, not yours. I am curious, what was "wrong" with your original box? -
This article is even better. She was sorely mistaken. If you took any grief off her, I'd go back and ask to speak to a manager and give em a copy of their own memo... haha
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As of June 29th, 2010, per my link above, you can't anymore, EXCEPT for cigars. Cigarettes and smokeless tobacco can't be shipped anymore.One2gofst:You can send tobacco through the mail. You CAN send firearms through the mail.
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Right, but cigars are tobacco, no?cholmes8310:
As of June 29th, 2010, per my link above, you can't anymore, EXCEPT for cigars. Cigarettes and smokeless tobacco can't be shipped anymore.One2gofst:You can send tobacco through the mail. You CAN send firearms through the mail. -
Yeah, I understand ya there. But until June 29th, you could ship ALL tobacco. Now it's only cigars. Just wanted to clarify. Just in case anyone reading this used smokeless tobacco or tried to ship cigarettes as well.One2gofst:
Right, but cigars are tobacco, no?cholmes8310:
As of June 29th, 2010, per my link above, you can't anymore, EXCEPT for cigars. Cigarettes and smokeless tobacco can't be shipped anymore.One2gofst:You can send tobacco through the mail. You CAN send firearms through the mail. -
FEDERAL DISTRICT COURT ORDERS A TEMOPORARY RESTRAINING ORDER AGAINST THE UNITED STATES OF AMERCIA, PREVENTING THE ENFORCEMENT OF THE PACT ACT
As many of you know, the Prevent All Cigarette Trafficking Act of 2009 (PACT Act) went into effect today. This act prohibits the mailing of cigarettes, smokeless tobacco, RYO/MYO tobacco, etc. This was the worst possible news that we could have received as this means that we cannot serve our customers in the fashion that you have become accustomed to.
This week brought some great news as Federal district Judge Richard Arcara allowed for a temporary restraining order preventing the enforcement of the act. A hearing has been scheduled for July 7, 2010 in the United States District Court, Western District of New York.
^From an email where I used to buy skoal online when I dipped more than smoked and before I got back into cigars -
If its illegal to send tobacco through the mail, whats CCom doing here? Shes full of it
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When shipping cigars is outlawed, only outlaws will ship cigars!
I crack myself up! -
Actually, individuals can ship a handgun. Has to be overnight directly to an FFL, though. Shipping sure does hurt. Oh, and the "UPS Store" won't ship firearms at all, you have to go directly to a shipping hub to do it. Or FedEX will do it. FedEx really makes USPS and UPS look like morons. Imagine that - their tracking numbers are actually updated regularly!One2gofst:However, individuals cannot send a handgun -
It I recall correctly, the prohibition on shipping cigarettes and smokeless tobacco is to deter minors from ordering those products online. What a waste of money to get that law passed. I don't know why kids would go through the trouble of ordering cigarettes online when they can just ask someone to get it for them at the local 7-11.
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why ruin the beauty of a thing with legality??
that is what vinnie said when he blew me up with a beer bomb!! -
My USPS Office tried telling me the same thing and I flat out told them they had no idea what they are talking about since I have been receiving cigars for years through their service. The thing is depending on what state you live in you are responsible for paying tobacco taxes on those packages that you receive. Many people do not realize this and do not do this.
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yay!!! government regulation!!
its not illegal if you dont get caught. -
I never pay state tobacco taxes. Besides, they can't prove anything. I burn all the evidence.
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See, your first paragraph was the issue that had me worried - I know you have to have an FFL or use the services of someone who HAS an FFL in order to ship firearms. What I didnt know was if there was a similar type license required to ship tobacco products. If there was, that would explain the girl's assertion that it is illegal for me to send tobacco thru USPS, but CCom and others can.One2gofst:She's wrong on a number of counts. You can send tobacco through the mail. You CAN send firearms through the mail. However, individuals cannot send a handgun, only long arms. An FFL can ship long arms and handguns through USPS. Individuals can send A, T, and F through a common carrier, provided other laws are abided.
That said, I am curious, were you using USPS or a common carrier? Reason I ask is you referred to the person accepting the package as "the girl." Nothing wrong with that, I just think of a younger person by that description, the kind more likely to be working at Kinkos or UPS Store than a post office.
Anyhow, it was her mistake, not yours. I am curious, what was "wrong" with your original box?
The store was a Pack-N-Mail, which is the small town equivalent of a Kinko's or UPS Store. And you were spot-on... the girl in question WAS a young girl, college age. Absolute sweetheart who always does a good job whenever I go there - she was apparently just mis- or under-educated on this subject Im sure.
As for the problem with my box, it was the fact that I tried to re-use the USPS Flat-Rate box that my Snipers-Box-ending bomb came in, which didnt fly for whatever reason. When she said she would re-pack the box I expected her to just put the box I brought inside another, bigger box & add padding... not so much. She opened the original box & freaked.
She wasnt rude or an @ss about the situation, so no harm no foul. I will however be sure to stop back by armed with the info you all have provided me to make sure everyone who works there is properly educated. Thanks to all the BOTL who responded and gave ME some education.
Have a great weekend all!
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TatuajeVI:
Actually, individuals can ship a handgun. Has to be overnight directly to an FFL, though. Shipping sure does hurt. Oh, and the "UPS Store" won't ship firearms at all, you have to go directly to a shipping hub to do it. Or FedEX will do it. FedEx really makes USPS and UPS look like morons. Imagine that - their tracking numbers are actually updated regularly!One2gofst:However, individuals cannot send a handgun
Actually UPS updates more frequently than Fed Ex with actual scans. USPS & Fed EX use logical scans, not actual scans.
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When I ship cigars..etc...I never say what it is in the box, and they don't open...hence, never get caught.
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Individuals CAN NOT SHIP A HANDGUN VIA USPS, they must use a common carrier. An FFL may ship a handgun via USPS. There are all sorts of ins and outs with shipping firearms, like the fact that I can ship a shotgun to someone else in missouri's doorstep, but if it is just across the river in IL, it needs to go through an FFL. All that said, one canstant is that individuals without an FFL cannot ship a handgun via USPS. If you don't believe me, check it out here
http://pe.usps.com/text/dmm300/601.htm#wp1065404
12.1.2
And if you want the section about tobacco products, it starts at 11.0
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The Sniper:
See, your first paragraph was the issue that had me worried - I know you have to have an FFL or use the services of someone who HAS an FFL in order to ship firearms. What I didnt know was if there was a similar type license required to ship tobacco products. If there was, that would explain the girl's assertion that it is illegal for me to send tobacco thru USPS, but CCom and others can.One2gofst:She's wrong on a number of counts. You can send tobacco through the mail. You CAN send firearms through the mail. However, individuals cannot send a handgun, only long arms. An FFL can ship long arms and handguns through USPS. Individuals can send A, T, and F through a common carrier, provided other laws are abided.
That said, I am curious, were you using USPS or a common carrier? Reason I ask is you referred to the person accepting the package as "the girl." Nothing wrong with that, I just think of a younger person by that description, the kind more likely to be working at Kinkos or UPS Store than a post office.
Anyhow, it was her mistake, not yours. I am curious, what was "wrong" with your original box?
The store was a Pack-N-Mail, which is the small town equivalent of a Kinko's or UPS Store. And you were spot-on... the girl in question WAS a young girl, college age. Absolute sweetheart who always does a good job whenever I go there - she was apparently just mis- or under-educated on this subject Im sure.
As for the problem with my box, it was the fact that I tried to re-use the USPS Flat-Rate box that my Snipers-Box-ending bomb came in, which didnt fly for whatever reason. When she said she would re-pack the box I expected her to just put the box I brought inside another, bigger box & add padding... not so much. She opened the original box & freaked.
She wasnt rude or an @ss about the situation, so no harm no foul. I will however be sure to stop back by armed with the info you all have provided me to make sure everyone who works there is properly educated. Thanks to all the BOTL who responded and gave ME some education.
Have a great weekend all!
The girl was correct that you cannot reuse the priority mail flat rate boxes, or actually you can only use it for sending priority mail. However, what SHE did wrong (assuming this was going to be shipped via usps) was technically commit a fellony when she opened your package thereby interferring with the mail. If anyone has noticed at the post office, if something is wrong with your package or they are selling you a box a postal worker will typically hand you the new box and old and have you repackage yourself, it's not that they are lazy govt employees, they understand the law that they can't open or interfere with your mail!
I am sure the girl meant well and was trying to be helpful, but there is an ever worsening legal minefield growing out there!!!!
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I have a Legal Q!!
So my Wonderful State of Utah has recently had a tobacco tax increase, it has subsequentially put the oldest cigar store here in Utah out of business, RIP Jeanies Smoke Shop. What I'm wondering is how this will affect my online capabilities for purchasing cigars? -
Dunno. Do you have a link to the new law?
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When the shipper asks what's in the box I just tell them it's gay porn. It has less of a social stigma than cigars, and I usually can be pretty sure no one will open the box.The Sniper:OK, so a cigar question for the BOTL, especially for those in legal & law enforcement fields... when I sent out the Karma Bomb recently, there was something wrong with the box I packed them in. The girl sold me a new box & told me she would put the original package in the new box, all well and good. I leave - and 3 minutes later I get a call from the girl, in a panic, because "You cant send alcohol TOBACCO or firearms thru the mail. Its a federal offense!!!"
This girl has got to be incorrect about this, right? PLEASE tell me I dont have to worry about the federales showing up on my doorstep because I commited the heinous crime of sending the gift of yummy cigar goodness to my friends. Am I rolling the dice every time I send out a trade, pass or bomb??? Yankee, I know you're a retired police chief... Alex Svenson, you should have the inside skinny on this too! Yoda kuzi, what does the Force tell you? Somebody let me know!!! -
You can send tobacco through the mail. Can you imagine the jail conversation. Perp 1: what r u in for? Perp 2: Killed a guy. what r u in for? Perp 1: Sent a guy some cigars for winning my 500th post contest. '
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if they passed the law for state increase of tax...they have to also include online purchases( sooner or later every state will have a tax on online purchases)...but yeah...find the link to the law, or call ur local senators office and they can normally tell ya what the law is
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JZ:You can send tobacco through the mail. Can you imagine the jail conversation. Perp 1: what r u in for? Perp 2: Killed a guy. what r u in for? Perp 1: Sent a guy some cigars for winning my 500th post contest. '
LMAO
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Russ55:
When the shipper asks what's in the box I just tell them it's gay porn. It has less of a social stigma than cigars, and I usually can be pretty sure no one will open the box.The Sniper:OK, so a cigar question for the BOTL, especially for those in legal & law enforcement fields... when I sent out the Karma Bomb recently, there was something wrong with the box I packed them in. The girl sold me a new box & told me she would put the original package in the new box, all well and good. I leave - and 3 minutes later I get a call from the girl, in a panic, because "You cant send alcohol TOBACCO or firearms thru the mail. Its a federal offense!!!"
This girl has got to be incorrect about this, right? PLEASE tell me I dont have to worry about the federales showing up on my doorstep because I commited the heinous crime of sending the gift of yummy cigar goodness to my friends. Am I rolling the dice every time I send out a trade, pass or bomb??? Yankee, I know you're a retired police chief... Alex Svenson, you should have the inside skinny on this too! Yoda kuzi, what does the Force tell you? Somebody let me know!!!
ROFLMAO
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thats a good one lmfaoJZ:You can send tobacco through the mail. Can you imagine the jail conversation. Perp 1: what r u in for? Perp 2: Killed a guy. what r u in for? Perp 1: Sent a guy some cigars for winning my 500th post contest. ' -
Currently, you are supposed to remit sales tax from online purchases to your state of residence when doing your taxes each year. Almost no individual does, but people are supposed to.Joeyjoe21_8:if they passed the law for state increase of tax...they have to also include online purchases( sooner or later every state will have a tax on online purchases)...but yeah...find the link to the law, or call ur local senators office and they can normally tell ya what the law is -
Ingenious and freakin hilariouscabinetmaker:I never pay state tobacco taxes. Besides, they can't prove anything. I burn all the evidence.
