Purchasing in US

HayabusaRider

HayabusaRider

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Forgive me for probably asking a "dead horse" question.

Can you buy restricted firearms from the US and bring them into Canada. I reviewed the CBSA and RCMP website and it looks like the answer is yes, but I've read on this website that it's a no go.

Anyone want to help me out here?

-HR
 
You can pay for it, but, unless you have established legal residency there, you can't take possession of it and you can't export it yourself.

If you want to buy it, and the dealer is agreeable, you can pay for it and have the dealer-FFL send it to a registered exporter-FFL who will be able to get the export permit and export it to Canada for you. Once in Canada, the importer will transfer the firearm to you.

Prophet River is one of the business entities that will facilitate export/import of firearms. Another is Hurricane Butterfly.
 
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As a non-resident alien, this is a non-starter. You cannot take possession.
In addition, firearms must be exported from the US by licenced exporters.
Importation into Canada is not the problem.
You could pay for the gun, and have it delivered to a US FFL business licenced to export.
There are businesses who will handle this.
 
Also if you happen to be south of the border you can not "take possession of": ammunition (loaded), empty brass cases, bullets, many scopes, parts "for" firearms (a sling is ok but not say a firing pin).

You can buy loading dies, presses, and other accessories.

Again, it's NOT what Canada will let you import - all of that is OK, it's what the US will let you possess and export that is the issue.

If you want to travel to some other country and buy - as long as they have no issue, Canada has no issue - the most they want is the "taxes" for the stuff you bought abroad :)
 
tiriaq said:
As a non-resident alien, this is a non-starter. You cannot take possession.
In addition, firearms must be exported from the US by licenced exporters.
Importation into Canada is not the problem.
You could pay for the gun, and have it delivered to a US FFL business licenced to export.
There are businesses who will handle this.
Click to expand...

I find this new section interesting on their web site:
https://www.atf.gov/firearms/qa/doe...earms-and-ammunition-aliens-nonimmigrant-visa

Most canadians are non-visa entries.

Does the prohibition on the receipt and possession of firearms and ammunition by aliens in nonimmigrant visa status apply to nonimmigrant aliens who lawfully enter the United States without a visa?

No. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), may acquire or possess a firearm in the United States.
Click to expand...
 
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^^^^ This is where a little bit of information can be dangerous.

The latter statement is TRUE, but:

Q5. I’m a nonimmigrant alien lawfully present in the United States without a visa. May I purchase or possess a firearm in the United States?

A5. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), may acquire or possess a firearm in the United States, provided that he or she is not prohibited from shipping, transporting, receiving, or possessing firearms or ammunition in the U.S.

In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant visa may lawfully acquire a firearm only if he/she meets State of residence requirements as required by the Federal government.

These requirements are irrespective of the licensed status of the individual from whom the alien is purchasing the firearm. An unlicensed individual is prohibited from selling a firearm to an out-of-State resident. A Federal firearms licensee (FFL) is prohibited, with few exceptions, from transferring a firearm to an out-of-State resident.

So while it's possible if you meet "residency requirements", that doesn't apply if you go down "for the day or a couple weeks for a holiday".

The above applied to myself when I was serving on exchange duties with the US military (while serving in the Canadian military). I was "stationed" in the US for 24 months. I did NOT have a Visa but was issued an I-94 (Immigration record) and was a "resident" of a US State complete with drivers licence etc issued by that State - so the rule applied "during that period" - not now that I am no longer a "non-immigrant alien" who is NOT a State resident.

So you have to be careful when you read a simple answer...

https://www.atf.gov/resource-center/docs/non-immigrant-alienspdf/download
 
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Here is a link to a pamphlet put out by ATF.

Answers all the questions that usually come up.

(fixed the link in post 12) - sorry...
 
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galamb said:
Here is a link to a pamphlet put out by ATF.

Answers all the questions that usually come up.

http://file:///C:/Users/User/Downloads/p5300_18.pdf
Click to expand...

It is unlikely we have access to your computer to view that file. :)
Google cache of that pamphlet. Which is out of date and has been pulled due to a DOJ ruling that some things in it are out side of the scope of the law.
https://webcache.googleusercontent.....org/?view&did=1621+&cd=1&hl=en&ct=clnk&gl=ca

A link to res requirements:
https://www.atf.gov/file/55496/download
 
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galamb said:
^^^^ This is where a little bit of information can be dangerous. The latter statement is TRUE, but...
Click to expand...

But what?

galamb said:
Also if you happen to be south of the border you can not "take possession of": ammunition (loaded), empty brass cases, bullets, many scopes, parts "for" firearms (a sling is ok but not say a firing pin). You can buy loading dies, presses, and other accessories. Again, it's NOT what Canada will let you import - all of that is OK, it's what the US will let you possess and export that is the issue...
Click to expand...

Where do you get off making a wild claim like this? Deliberately confabulating posession and export. That whole statement is a bunch of false blah blah blah.

Do you not value your own credibility?
 
The ATF is pretty clear on it....

A non immigrant alien generally MAY NOT purchase ammunition from an FFL or a non licensee to possess in the United States. If you violate this prohibition, you could receive a maximum of 10 years of imprisonment.

THIS PROHIBITION APPLIES UNLESS YOU ESTABLISH
THAT YOU:

❖ Are an official representative of a foreign Government who is accredited to the United States Government or your Government’s mission to an international organization having its headquarters in the United States and will possess the ammunition in your official capacity;OR

❖ Are an official of a foreign Government or a distinguished foreign visitor who has been so designated by the Department of State and will possess the ammunition in your official capacity (if you have an official capacity); OR

❖ Are a foreign law enforcement officer of a friendly foreign Government entering the United States on official law enforcement business;OR

❖ Were admitted to the United States for lawful hunting or sporting purposes or are in possession of a valid hunting license or permit lawfully issued in the United States.If you meet these criteria, you are eligible to purchase ammunition to possess in the United States.

Perhaps you could point out how they "have it wrong".
 
galamb said:
The ATF is pretty clear on it....

A non immigrant alien generally MAY NOT purchase ammunition from an FFL or a non licensee to possess in the United States. If you violate this prohibition, you could receive a maximum of 10 years of imprisonment.

THIS PROHIBITION APPLIES UNLESS YOU ESTABLISH
THAT YOU:

❖ Are an official representative of a foreign Government who is accredited to the United States Government or your Government’s mission to an international organization having its headquarters in the United States and will possess the ammunition in your official capacity;OR

❖ Are an official of a foreign Government or a distinguished foreign visitor who has been so designated by the Department of State and will possess the ammunition in your official capacity (if you have an official capacity); OR

❖ Are a foreign law enforcement officer of a friendly foreign Government entering the United States on official law enforcement business;OR

❖ Were admitted to the United States for lawful hunting or sporting purposes or are in possession of a valid hunting license or permit lawfully issued in the United States.If you meet these criteria, you are eligible to purchase ammunition to possess in the United States.

Perhaps you could point out how they "have it wrong".
Click to expand...

Ain't it nice to have the facts !
 
The prohibition applies to a NIA admitted under a visa. Most Canadians are not admitted under a temporary visa - because they don't require a visa. This is why most Canadians don't require an invitation or a hunting license to get a Form 6NIA. For a while, ATF believed we did; now ATF says we don't.

If you are still unclear, like I was after they changed their policy, you should contact the ATF; you'll get a reply from a lawyer at the U.S. Department of Justice, like I did.
 
I get that's for a 6NIA if I want to temporarily import firearms or ammunition for whatever reason - that "permit" lets you possess firearms/ammo that you "imported".

But the OP was basically asking about making a special trip down to the US to buy and then was asking if he could self export. Even with the 6NIA if you purchase ammo in the US and do not use it all YOU can not export, it has to be done by an FFL - you can take back what your brought down (or the leftovers), but can not "self export" anything you bought there.

There is still nothing that says it's legal for anyone to pop across the border, buy a firearm or ammunition (or components), throw them in the trunk and then re-cross the border.
 
No argument there.

In most states, however, you or I - as NIAs admitted without a visa - could legally take possession of ammunition and/or parts, so long as we left them there and/or kept them there.

Exportation is a completely different matter.
 
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