Can a Canadian legally buy and transport an air rifle in the USA?

bushpilotmexico

bushpilotmexico

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I have been Googling trying to find out what BATF's position is on a Canadian or alien possessing an air rifle in the United States.

I know it's illegal to be in possession of rifles, scopes, ammo, barrels, stocks, etc but would like to know how BATF classifies air rifles, especially large bore.

Kind of getting the itch to get one and there is a fellow in the U.S.A that custom builds them to your specs. Once the registry dies in March (hopefully!) I wouldn't mind buying one, having it shipped to a U.S. address and then running across to pick it up. The problem is that if U.S. Customs is set up for an out bound check I wouldn't want to have an illegal item in my possession.

Any help would be appreciated.
 
Yes you can. I bought one for my firends kid for xmas. I asked the border guard at the gate, He he said "I think so, at least I wouldn't stop you" So I went inside to confirm what he said, & a supervisor said it was ok.

You just have to make sure that the fps is not so high as to catergorize as a firearm in Canada. BTW, thats was at the peace arch border crossing. I would go in and confirm what I told you for yourself.
 
new and novice said:
Yes you can. I bought one for my firends kid for xmas. I asked the border guard at the gate, He he said "I think so, at least I wouldn't stop you" So I went inside to confirm what he said, & a supervisor said it was ok.

You just have to make sure that the fps is not so high as to catergorize as a firearm in Canada. BTW, thats was at the peace arch border crossing. I would go in and confirm what I told you for yourself.
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Were you talking to Canadian Border Services or the Americans?

It isn't Canadian law that you need to worry about, it's ITAR and the U.S. export laws that are the concern.
 
homer76 said:
Were you talking to Canadian Border Services or the Americans?

It isn't Canadian law that you need to worry about, it's ITAR and the U.S. export laws that are the concern.
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I asked the US border guard,& confirmed it at the US border office. I just bought a $30 bb/ pellet gun.
 
Wasn't aware that scopes and ammo are illegal to possess. I understood that we could bring over up to 500 rounds (two flats of sg ammo) at a time. Scopes I can't understand. I know that gun parts OVER 100$ vaulue are subject to strict import laws but maybe somebody can set me straight.
 
A non US citizen can not possess ammo,reloading components ie brass,primers+powder or gun parts .We can buy black powder and pellet guns.What you do is phone before crossing back into Canada and register them then declare them at the border.Pre-911 there was not problems with the rest.Now it sucks as we pay $40 a lb for powder and they still get it for $18.........Harold
 
new and novice said:
You just have to make sure that the fps is not so high as to catergorize as a firearm in Canada.
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I guess I will have to try and contact ATF in order to find out whether they consider an air rifle an actual firearm regardless of the fps muzzle velocity.

I know in Canada when the fps exceeds around 500 fps it is then necessary to have a PAL to purchase and under current regulations register the firearm.

I live in Osoyoos which is 2 miles north of the Washington State line, periodically when re-entering Canada the red cones are out on the U.S. side and Homeland Security is conducting an "out check". Woe be to you if you have any items on board which are illegal for a Canadian or alien to possess in the U.S.A.

I can almost guarantee you if I inquired at U.S. Customs and asked for an answer to my question they wouldn't have a clue. Last year on my way to Arizona I had jumped through the hoops and had the necessary documents and permission from ATF to legally import my rifle and shotgun for some yote hunting in Arizona. The U.S. border services officer or shift supervisor refused entry. No sense to argue so I did a 180, went back home and put them back in the gun safe. I was feeling sorry for anyone who might have been driving from Northern BC and encountered the same attitude.

When I finally got to Arizona I wrote a registered letter to the commanding officer at the Oroville, WA border crossing, explained my situation and enclosed copies of my ATF permission.

In January I received a formal apology stating that I should have been allowed entry, this proves that their RIGHT HAND DOESN'T KNOW WHAT THEIR LEFT HAND IS DOING! Needless to say the letter has been copied and will be carried with me the next time I intend to cross with firearms.

Interestingly enough before writing my letter to U.S. Customs I contacted ATF at their field office in Phoenix asking to speak to an officer....the young lady asked me basically "concerning what?"

When I explained over the phone my situation she conveniently said that it wasn't an ATF problem and I would have to discuss it with U.S. Customs! It's no wonder the U.S. is having problems when there is no communication between the various branches of government. Thankfully I did get my letter of apology.
 
The lack of knowledge is even within the DHS. I had t ask three different guards, before one of them asked a supervisor.

I thought that Canada's fps limit was more like 700 or 800 fps to be considered a firearm. I will have to double check on that.
 
Who cares if it's a firearm in Canada use your PAL to register it before getting to the Border..................Harold.......PS pellet pistols over 500fps are the same as a any smokeless powder handgun in Canada and require a restricted PAL
 
mbogo3 said:
Who cares if it's a firearm in Canada use your PAL to register it before getting to the Border..................Harold.......PS pellet pistols over 500fps are the same as a any smokeless powder handgun in Canada and require a restricted PAL
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The problem is getting to the border if it's illegal to possess it in the U.S.A. that is my dilemma.

Canada Customs is more than obliging just to get their HST, legally there are no restrictions on declaring a scope, bullets or powder, barrels, etc at the Canadian border it's just trying to avoid the hand cuffs on the U.S, side.


Be aware that next year when Canada and the U.S. sign their border agreement Canada will be reporting to U.S. Customs alias Homeland Security any Canadian transporting restricted and illegal items (in the U.S.A.) into Canada even though they are legal to import into Canada!

This rumor had surfaced some years back, that Canada was reporting, but it wasn't true....now it's actually going to happen.
 
I just went to ATF's website and this is what they say:

Q: Does the ATF regulate the sale and possession of air guns? Is an air gun classified as a “firearm” under Federal law?

The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.

We caution that ATF is not charged with enforcement or oversight of the firearms laws of States or localities. To determine possible restrictions on air guns where you reside, we recommend that you contact the office of your state Attorney General, the State Police, or other State/local law enforcement authorities for further guidance.
 
Info I got at Gander mountain was that air guns aren't restricted in any way, like muzzle-loaders. If you can, I would just hold off until the LGR is dead, then you'll just need to show your PAL. Right now, if it's over 500 fps, they'll hold it at the border until you get the actual registration certificate, then you get to come back and pick it up (at least that's what I was told by CBSA).

you'll notice that I state "I was told..." rather than "It is...", 'cuz when it comes to firearms, no one seems to know the laws and they kind of make them up as they go.
 
Papaclaude said:
Info I got at Gander mountain was that air guns aren't restricted in any way, like muzzle-loaders. If you can, I would just hold off until the LGR is dead, then you'll just need to show your PAL. Right now, if it's over 500 fps, they'll hold it at the border until you get the actual registration certificate, then you get to come back and pick it up (at least that's what I was told by CBSA).

you'll notice that I state "I was told..." rather than "It is...", 'cuz when it comes to firearms, no one seems to know the laws and they kind of make them up as they go.
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I would definitely wait until the LGR is dead in the water....I sent an email to ATF asking for their position on a Canadian buying and transporting an air rifle in the USA. If I hear anything I will post it but I assume because they don't consider them to be a 'firearm' by the legal definition it wouldn't be a problem.

It would be nice to have a formal decision just in case there is an out going check and one gets a U.S. Customs officer that doensn't know his you know what from a hole in the ground.
 
Federal - no problem

Individual states - Possible problem.

The reason I say this is because I brought a pellet pistol (sub 500fps) down to the states on a camping trip to plink with. In Minnesota where I was, there are no regulations in having a pellet gun, and it isn't considered a weapon. HOWEVER the border guard that I spoke to said some states consider it a weapon, and for a non-resident to be in possession of a weapon is a no-no in some states. This is the information I was given after I waited for an hour for them to play on the computer to find out if they could charge me.
 
bushpilotmexico said:
I would definitely wait until the LGR is dead in the water....I sent an email to ATF asking for their position on a Canadian buying and transporting an air rifle in the USA. If I hear anything I will post it but I assume because they don't consider them to be a 'firearm' by the legal definition it wouldn't be a problem.

It would be nice to have a formal decision just in case there is an out going check and one gets a U.S. Customs officer that doensn't know his you know what from a hole in the ground.
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If you really want to get the right information, it is the DDTC that you need to contact. Here is their link: http://www.pmddtc.state.gov/response_team/index.html and email: DDTCResponseTeam@state.gov
 
I have heard of brokers that specialize in purchases of airguns and scopes etc.. I thought I had included a link but guess they aren't allowed. Pyramid air had one such outfit listed or was it archer, anyways I think it would be worth checking out.
 
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I got an email back from Jack Haley of Southern Air Gun Conversions and this is what he said:

"You can transport an air rifle into Canada but you have to follow several other rules. The rifle has to have a serial number stamped and a manufacturer name and such. I do not number my rifles are have anything stamped on them. Several of my customers have taken their's across the border by engraving a number on to the tube and then I believe they will register them. I am not too sure about all the details but just picked up bits and pieces from hearsay."

Once the LGR is dead in the water then the engraving of a serial number won't be necessary.

If I get a reply from ATF I will post it as well.
 
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