Thursday, April 12, 2012

Firearms Importation Part 2

Yesterday I discussed the regs for nonresident aliens bringing firearms into the US. It appears that there is a clear statutory exemption for such aliens to bring a weapon into the US if they have a hunting license from any state or an invite to a competition.

But wait! Laws are for The People to follow, not for The ATF.

Recent changes in BATF regulations require nonimmigrant aliens to have an approved import license to bring firearms or ammunition into the United States. Although the text of the regulations states that persons engaged in hunting and competition shooting have an exemption from the licensing requirement, recent information from the BATF indicates that they are using their regulatory authority to override this exemption and require an approved import permit of all visitors.

BATF seems to view the import form as a way of verifying that visitors to the country really do fall within the exemptions outlined in the law.

So, even if you fall into a statutory exemption (i.e., get an Alaska hunting license for $20) ATF has made up some additional rules to justify their paperwork hurdle.

Federal Requirement for Aliens Bringing Guns into the United States

The U.S. Department of Justice/Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) requires nonimmigrant aliens temporarily importing firearms and ammunition into the United States to submit ATF Form 6NIA (5330.3D), in order to obtain an ATF firearm import permit. This permit application must be submitted well in advance of your trip. If you have any questions about this new regulation, please contact ATF.

The form and instruction on how to submit it can be found by calling ATF at 202-927-8320 or downloading the application (form number 5330.3D under the Forms tab) from the ATF website at: http://www.atf.gov.

In order to submit this form, unless meeting other qualifications listed on the form, you must buy a hunting license. Then you must send a copy of the license with the form when you submit it. You will need the importation permit they issue and the hunting license in order to clear US Customs when you arrive in the United States.

You can find more information about importing your firearm into the United States at:http://www.atf.gov/firearms/faq/.

If you plan to just carry the gun while traveling in Alaska for wildlife protection and not to hunt, the least expensive hunting license you can purchase is a non-resident small game license for $20. You can purchase a license on-line at https://www.adfg.alaska.gov/index.cfm?adfg=license.fgstore.

Please remember that a hunting license is not required to carry the handgun in Alaska, it is required to apply for an importation permit from ATF and then to import it through US Customs. You can find all the regulations about carrying an unconcealed or concealed handgun in Alaska athttp://www.dps.alaska.gov/Statewide/PermitsLicensing/concealedhandguns.aspx. There is no restriction in Alaska as to what type of handgun can be used with a small game license.


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