taking an antique revolver into the US for a holiday

wannabe

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I have an pre-1899 S&W 44-40 and I want to take it with me to arizona...I have a north dakota hunting lisc and my understanding is I do NOT need the BATF form....any input or experiences guys?
 
It only takes an overzealous border guard and you are in a world of hurt. Guilty until proven innocent!
 
Is your att good to the border crossing? Shouldn't be a problem if it's coming back, but hard to say.... Quite the confusing problem
 
OP, our border likely won't be too much of a problem coming back.

Bringing a handgun (or any other firearm) into the US - no matter its status here in Canada - is likely to be a big problem.

Why don't you look on the BATFE website, cross-check with US Customs website, and that should give you a starting point - or at least some phone numbers.
 
I have researched this "to death" on the internet (CUSTOMS/BATF) and it looks like its quite doable...antiques do not need the BATF approval like any modern firearm....my biggest concern is that theory and practice are often two entirely different things....I was just hoping someone on here had already done it and could pass on any advice....otherwise I will be a little hesitant to risk my revolver thats valued at about $4000 US currently....thanks for all the other input though...
 
From the BATF:

In order to import antique firearms you must provide the U.S. Customs and Border Protection officials, at the port of entry with a Certificate of Authenticity or other satisfactory documentation if the year of manufacture is not marked on the firearm.
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No permit from the Bureau of ATF is required to import an antique firearm as it is described below:
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The Gun Control Act (GCA), title 18, U.S.C. §921(a)(16), defines “antique firearm” as:
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(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
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(B) any replica of any firearm described in subparagraph (A) if such replica—(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
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(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition….
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The GCA specifically exempts “antique firearms” from the definition of “firearm” and, therefore, the importation of antique firearms is not regulated by the GCA.# Pursuant to Title 27, C.F.R. § 478.115(c), antique firearms may be imported into the United States without the ATF Form 6 permit application or any other documentation from this office.# However, the importer of the antique firearm(s) must provide U.S. Customs officials with a Certificate of Authenticity or other satisfactory documentation signed by the foreign seller/source if the antique firearm’s year of manufacture is not visibly marked on the firearm.#
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If not, down load Form 5330.3A at www.atf.gov and submit it in triplicate along with a picture of the firearm to the address on the form.# Handguns and rifles are USMIL category Ia, ammunition is IIIa.# There is no category for sporting shotguns or ammunition.
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However, if you are a resident of the U.S. and this is not an antique firearm, Section 922(a)(3) of Title 18, United States Code, makes it unlawful for you, as an unlicensed individual, to import a firearm into the United States.# However, you may elect to engage the services of a Federal firearms licensee located in your State of residence to act as your import agent to bring your firearm into the United States provided it is an importable weapon.# Any licensee (importer, manufacturer of firearms, sporting goods store or pawnbroker if they deal in firearms) other than a Type “03” licensed collector, should complete and sign the Form 6 Part I# (5330.3A) application and return it to us for processing.# The application can be downloaded from the ATF website at www.atf.gov, Form 5330.3A and submitted in triplicate.#
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The licensee must complete items 1 thru 15, and list your name and address in item 10.# The licensee is the applicant and signs the application.## The approved permit along with Forms 6A are returned to the licensee. The permit and Forms 6A must be presented to U.S. Customs at the port of entry to release the firearm or ammunition.#
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Marking requirements do not apply to antique firearms.
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Further information call our office at 304-616-4550.#


Regards,
powderman
 
Why not apply for a Form 6NIA?

If ATF says that that firearm is not approved because it is an antique and doesn't require the Form 6NIA, then at least you'll have the letter from them that says that. And, otherwise (if they issue the Form 6NIA for it), you'll have the Form that the CBP agent is accustomed to seeing.

Either way, the simplest path forward for you is to apply for a Form 6NIA.
 
I brought an antique handgun into the US a few years back. If you are going to to do this make sure you bring as much written material that proves its an antique. Interestingly a RCMP verification letter was helpful. Despite all the documentation expect that this will still cause all sorts of hoopla with the American border guards and you will likely be treated like a gun smuggling criminal to some degree. I was treated to a hour in one of their windowless "waiting rooms" that felt suspiciously like a holding cell while they ripped into my truck and verified my documentation.
 
In the absence of a third party " conveyance " ( broker ) I have been advised ( correctly or incorrect ??) that regardless of the firearm being pre 1898 FFL X , when in the hands of an " alien" ( you/ me ) all bets are off. The pre 1898 exemption does not apply and it is a firearm by definition and subject to interstate travel laws etc etc. All coming from homeland security post 9/11 crap . Main reasons I haven't attended American shows post 9/11. Not the fact of Canadian border services not allowing purchased items back in , basically declare and pay HST , it's the transportation of the items northward as a NON resident citizen / alien . Interested in any further experiences here . Cheers
 
Why not apply for a Form 6NIA?

If ATF says that that firearm is not approved because it is an antique and doesn't require the Form 6NIA, then at least you'll have the letter from them that says that. And, otherwise (if they issue the Form 6NIA for it), you'll have the Form that the CBP agent is accustomed to seeing.

Either way, the simplest path forward for you is to apply for a Form 6NIA.

I've just been putting the antiques on the form 6NIA - Webleys and the c96 were approved, so getting a declination letter from them won't happen...
 
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