US side research...how about the Canadian side?
From what I can piece together online from government websites:
Assume,
(i) a non-resident alien (in this case a Canadian citizen, resident in Canada);
(ii) lawfully in the US on a non-immigrant visa
(iii) in the US to hunt or attend a shooting competition
(iv) PAL holder (for the Canadian side of things)
(v) subject item is a shotgun, greater than 24”, barrel with value over $500
First, they might be allowed to receive and possess a firearm; second, they might be allowed to permanently export.
Now, the License Exception that allows temporary import, export, and re-export does not allow for permanent export, so no good doing it without looking at the export License regulations.
The Export Administration Regulations “EAR” suggest that for Canada, an OAS state, an export license should be available to a non-resident alien exporting if a “Firearms Convention (FC) Import Certificate or equivalent official document, satisfactory to BIS, issued by the government…” of Canada.
I’m going to head back to other things for a while now, but maybe
someone has some experience with the Canadian side of obtaining an import certificate?
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References and notes:
https://www.atf.gov/firearms/qa/may-nonimmigrant-alien-who-has-been-admitted-united-states-under-nonimmigrant-visa
An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922
(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
[18 U.S.C. 922(g)(5)(B) and 922
(2); 27 CFR 478.11 and 478.32]
Last Reviewed January 9, 2020
Commerce Control List ECCN
Shotguns, barrel length 18 inches or over ............................................................................... 0A502
0A502 Shotguns; shotguns “parts” and “components,” consisting of complete trigger mechanisms; magazines and magazine extension tubes; “complete breech mechanisms;” except equipment used exclusively to treat or tranquilize animals, and except arms designed solely for signal, flare, or saluting use.
License Requirements
Reason for Control: RS, CC, FC, UN, AT, NS Control(s) Country Chart (See Supp. No. 1 to part 738)
NS applies to shotguns with a barrel length less than 18 inches (45.72 cm) NS Column 1
RS applies to shotguns with a barrel length less than 18 inches (45.72 cm) RS Column 1
FC applies to entire entry FC Column 1
CC applies to shotguns with a barrel length less than 24 in. (60.96 cm) and shotgun “components” controlled by this entry regardless of end user CC Column 1
CC applies to shotguns with a barrel length greater than or equal to 24 in.
(60.96 cm), regardless of end user CC Column 2
CC applies to shotguns with a barrel length greater than or equal to 24 in.
(60.96 cm) if for sale or resale to police or law enforcement CC Column 3
UN applies to entire entry See § 746.1(b) of the EAR for UN controls
AT applies to shotguns with a barrel length less than 18 inches (45.72 cm) AT Column 1
RS, CC, FC, UN, AT, NS Control(s)
FC Column 1 See Supp. No. 1 to part 738 https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=2383
CC Column 2 See Supp. No. 1 to part 738
https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=2383
UN, See § 746.1(b) of the EAR for UN controls
https://www.bis.doc.gov/index.php/documents/regulation-docs/420-part-746-embargoes-and-other-special-controls/file
In case of a 30” barrel, not intended for resale
FC Column 1, Yes Firearms Convention is applicable
CC Column 2, No entry
Part 742 - Control Policy -- CCL Based Controls
§ 742.17 EXPORTS OF FIREARMS TO OAS MEMBER COUNTRIES
(a) License requirements
BIS maintains a licensing system for the export of firearms and related items to all OAS member countries. This action is based on the Organization of American States (OAS) Model Regulations for the Control of the International Movement of Firearms, their Parts and Components and Munitions (OAS Model Regulations) which were developed to assist OAS member countries to implement the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (Firearms Convention)2. Items subject to these controls are identified by “FC Column 1" in the “License Requirements” section of their Export Control Classification Number (ECCN) on the Commerce Control List (CCL). If “FC Column 1" of the Commerce Country Chart (Supplement No. 1 to part 738 of the EAR) is indicated for a particular country, a license is required for export to that destination. Licenses will generally be issued on a Firearms Convention (FC) Import Certificate or equivalent official document, satisfactory to BIS, issued by the government of the importing OAS member country.
Still need an exporter from the US!
Still need an exporter from the US!
