February 2, 2012, 09:23 PM | #1 |
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C&R firearms from Canada
I have a couple questions concerning the receiving of guns from Canada; a fellow range member is now a resident alien (green card holder) from Canada, and is looking to bring his collection into the United States. I hold a C&R FFL.
The ATF is telling him he needs to go out of the country, ship his guns back in through customs, and to a FFL. My questions are:
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February 3, 2012, 05:12 AM | #2 |
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As an 03 FFL holder, you are not eligible to "receive" firearms for other people. Your license is for the sole purpose of enhancing your own collection.
I believe his items will have to go an 01 FFL who can obtain the necessary forms from BATF to import these weapons, then transfer them to him. If you were to receive his weapons, you would, in essence, be saying that you were getting the weapons to enhance your own collection. You could, in theory, then transfer them to him at a later date but, if you ever got audited, BATF would more than likely smell a rat. As far as the 1903 Browning, the only thing I can think of is that they were originally in calibre 9mm Browning Long and they must be taking the stand that, because it was converted to .380, it is no longer "original," even though it is my understanding that the Swedes did these conversions in the 1950s to make them sellable in the U.S. As far as whether or not he can get an 03 as a resident alien, you would have to ask BATF about it. |
February 3, 2012, 06:46 AM | #3 | ||
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February 3, 2012, 11:02 AM | #4 | |
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I suspect ATF would hold that importing C&R firearms for the express purpose of transerring ownership to a friend would be in violation of 27 CFR 478.41, since these would not be activities related to a collector's activity:
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February 3, 2012, 01:54 PM | #5 | |
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February 3, 2012, 02:35 PM | #6 | |
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February 3, 2012, 02:48 PM | #7 |
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"ATF has stated..." Who in ATF? By letter from ATF HQ or the word of a field agent? Like the agency they were once a part of, IRS, BATFE people can tell you anything but you cannot rely on their words or advice. In any such questions, get it in writing.
I have no idea why a Browning 1903 pistol would not be a C&R and if it is not, it should be importable to an FFL 01 dealer. The AR-15 is probably non-importable under a law dating to before the (now expired) AWB. Jim |
February 3, 2012, 03:02 PM | #8 |
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First off, I appreciate the feedback. I've done nothing yet, and checked here first, so all is copacetic Thank you all for the clarification; it makes perfect sense (or as much so as government bureaucracy ever does).
As far as the 1903 confusion, the only thing that comes to mind is that someone he contacted at the ATF thought it was a Browning designed M1902, which would imply the machine gun rather than the pistol. Quite a difference, but then I don't underestimate the potential for government regulatory confusion.
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February 5, 2012, 03:40 AM | #9 |
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Either way, your friend has to deal with having US Customs accept the guns into the US. I'm betting that's a big old pile of papers that have to be filled out.
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February 5, 2012, 06:37 AM | #10 | |
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