Firearms Importation Part 1

Don from Alberta challenged me to look into the issue of Canadians bringing firearms into the US. I was aware that it was an issue as there's been a thread on the AK Outdoors Forums about a Canuck that wants to bring a weapon to Alaska; you need some fed gov permits and a hunting license.

So I did some more digging, and it turns out that our own rules for firearms importation in the US are ridiculous.

Here's the ATF statement:

Effective February 19, 2002, ATF requires nonimmigrant visitors entering the U.S. with firearms or ammunition to obtain a federal permit through ATF in advance of their arrival. U.S. law also forbids certain nonimmigrant visitors, workers and students from buying guns and ammunition in the U.S. Diplomats, foreign law enforcement officials and visiting dignitaries designated by the U.S. Department of State are not exempt from this requirement when bringing a gun for hunting purposes.

You will need to obtain and complete ATF Form 6NIA (5330.3D Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens) to apply for the ATF permit. You will also be required to obtain a license from any state in the U.S. where you intend to hunt. Please note that you may fax the ATF Form 6 NIA-5330.3D application to (304) 616-4554 for expedited processing

When you look at the form, it is just about as bad as the Canadian forms. Heck, you even need to log your ammunition. The form instructions say it takes 8-10 weeks for ATF to process. Crazy.

However, I did check into the instructions. One of them states:

Generally, a non-resident alien transiting the United States with a firearm does not require an ATF Form 6NIA or a DSP-61 issued by the State Department. If you will be in physical possession of your firearm, however, you will need to meet one of the exceptions outlined at 18 USC 922(y).

So then I dove into 18 USC 922(y), and found:

(2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is - (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States; 

So it looks like a Canadian visiting the US needs to either (A) get the stupid ATF 6 NIA form completed or (B) have a hunting license in their possession. The other ATF instructions also indicate that proof of registration for a sporting competition would also qualify but I did not find that in the instructions.

At first glance, it appears that if you've got a hunting license or proof that you're engaging in a sporting activity, you're good. So, pick up a hunting license or register for an Appleseed and no ATF intervention needed.

But, wait before you do so... for part 2.