Going to Canada from New York State

[Uncle Billy]

The export provisions probably do apply to guns, but only those that will be left outside the US- sold, transferred, traded or whatever- and not brought back to the US. I believe the rules for "export" and "import" are much more stringent in the context of taking stuff across a border on a one-way trip. Sporting and target guns brought into Canada for one's use, then taken out of Canada after one bags his moose or bear or whatever aren't permanently "imported", they are in Canada temporarily and therein lies the difference. I also think there's a difference in the way some issues are handled between our border with Canada and our border with Mexico because there are differences (I suspect) between our trade relations with those nations which depends on their internal laws.

Here's the link I posted in my original post on this issue:

Royal Canadian Mounted Police: "Firearm Users Visiting Canada"

It leads to a website maintained by the Canadian federal police and relates all the rules that apply to bringing guns into Canada, for one's use and to leave there.

[Bayou Rifle]

Nope, its an export even if it just leaves the U.S. for a minute. The Canadian requirements have to do with their import policies, not the U.S. export regulations.

The Commerce Dept. and State Department regulations even cover movement through one country on the way to another. And sending parts for firearms requires a license as well. These are defined as "defense articles" under the International Traffic in Arms Regulations ("ITAR"). Any movement out of the U.S. is an export, either a permanent export or a temporary export and if it is a defense article it requires a license from the Directorate of Defense Trade Controls which requires that you be registered first with the DDTC. A shotgun with a barrel over 18" is specifically exempted. Nigh vision and "military" rifle scopes are regulated as well. Cabelas paid a $680,000 fine for exporting those without a license.
http://www.exportlawblog.com/archives/425

[Brian Pfleuger]

Cabelas was exporting guns for purpose of selling them. The article I cited, from the Department of Commerce, specifically says that firearms taken to Canada are exempt.

Direct Quote:

"Under the provisions of the Arms Export Control Act of 1976, an export license must be obtained from ODTC before exporting a rifle or a handgun anywhere other than to Canada."

[Bayou Rifle]

http://www.pmddtc.state.gov/DTRADE/documents/Oas.pdf

[Brian Pfleuger]

Yep, and from page 8 of your linked PDF:


A. LICENSING EXEMPTIONS:

"123. 17(c) Temporary export of firearms and ammunition for personal use -
U.S. persons may export temporarily not more than three non-automatic firearms
and not more than 1,000 cartridges of ammunition provided that this is for the
person's exclusive use and not for re-export or other transfer of ownership (i.e.,firearms for use on hunting trips)."

[Uncle Billy]

PeetzaKiller beat me to it! But here it is anyway:

The exportation of shotguns from the US is handled by regulations of the US Department of Commerce; the exportation of rifles and handguns by the Department of State. Nonetheless, the regs are very similar.

From US Department of Commerce Export Administration Regulations, Part 740: License Exceptions, Section 740.14 (page 33 of the Regulation): "Baggage"

Shotguns and shotgun shells: No export or reexport license is required for shotguns, provided that:
1) No more than 3 be taken on one trip.
2) Their barrel length is 18" or greater
3) They leave the US with the person's baggage, accompanied or not
4) The shotguns are for the person's exclusive use and not for resale or other transfer of ownership
5) All shotguns and unused shells must be returned to the US

Before leaving the US, the traveller ought to stop at US customs and obtain documentation of the guns and ammo he's taking out of the country so that reentry with them has some official paperwork for support.

From the US Department of State, Directorate of Defense Trade Controls, Part 121.1 Category I "The US Munitions List, Firearms, Close Assault Weapons and Combat Shotguns" and Part 123.17c "Licenses for the Export of Defense Articles, Exports of Firearms and Ammunition"

A US citizen may temporarily export and reexport, without a license, up to 3 non-automatic firearms as defined in Category I(a) of 121.1 and no more than 1000 cartridges (this quantity also applies to shotguns) therefore, without a license, provided that:
1) A declaration is made to a customs officer and an examination is made as the person leaves the US.
2) The guns and ammo are with the person's baggage whether accompanied or not.
3) The guns and ammo are for the exclusive use of the person and not for resale or other transfer of ownership.

Category I(a) of 121.1 defines "firearms" (as applies to hunters and/or target shooters, the only way to bring a gun into Canada) as a non-automatic and semi automatic firearm to caliber .50 inclusive, which is:
a) a rifle not over .50 cal which is rifled and has a barrel length of 16" or longer
b) a carbine (lightweight shoulder firearm with a barrel less than 16" long
c) A pistol, which is a hand-operated firearm having a chamber integral with or permanently aligned with the bore
d) A revolver, which has a revolving cylinder containing chambers for individual cartridges.

These articles contain references to other weapons, but none of them are legal for hunters or target shooters to possess for reasons of ATF regulations in the US.

In summary: A US citizen can take 3 rifles and 3 shotguns and 1000 rounds out of the country and return with them without a US export license, as long as they are for his use exclusively and they aren't sold or otherwise transferred. This includes the ammo. He has to stop at US customs on the way out for inspection of them.

These are only the US regulations for exporting to and returning from Canada with guns. The Canadian laws are just as detailed and must be followed too.