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August 31, 2011, 09:06 AM | #1 |
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A US citizen taking a gun to Canada
If I am a US citizen taking my legally owned firearm into Canada, am I breaking any US law? I am not concerned with re-introducing it to the US, but with compliance with US law in leaving.
Zuk, did you ask at BATF? That would be a good first step if my regular, friendly BATF contact hadn't left and been replaced by someone not helpful. Any wisdom, especially in the form of a US Code or fedreg section, will be appreciated.
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August 31, 2011, 09:08 AM | #2 |
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I would think Canada law is a bigger problem. A lot of hoops to jump. Don't even think about pistols.
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August 31, 2011, 09:28 AM | #3 |
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Handgun or long gun? BIG difference.
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August 31, 2011, 09:54 AM | #4 |
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A big difference in US law? If so, what? Thanks.
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August 31, 2011, 10:10 AM | #5 |
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I just helped someone out with this at work. He was doing a hunting trip and had to file a Non-Resident Firearm declaration form with Royal Canadian Mounted Police
This should help forms are in PDF format and there are some fact sheets as well. Canadian Border Services might have some answers for you as well, eh?
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August 31, 2011, 10:40 AM | #6 |
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I do appreciate the attempts, and think my question may not have been clearly stated.
Is it a matter of US regulation for a US citizen to take his legally possessed firearm to Canada? Thanks.
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August 31, 2011, 10:47 AM | #7 |
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Leaving the country is a moot point. Its complying with the counrty your trying to enter with the firearms that matters.
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August 31, 2011, 10:57 AM | #8 |
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Leaving the country isn't a moot point if what you leave it with subjects you to criminal prosecution when you get back.
Is it a matter of US regulation for a US citizen to take his legally possessed firearm to Canada?
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August 31, 2011, 11:32 AM | #9 |
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Being a US citizen, presumably, you should have no issues provided that you declare it.
Another page - check the sections under Crossing the border Homeland Security's take is here under firearms In short, it appears that you need to register them with a CBP Form-4457 in oder to prove that they are the same firearms you left with.
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August 31, 2011, 11:33 AM | #10 | |
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August 31, 2011, 11:34 AM | #11 |
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To bring your long gun back into the US, you'll need some proof of ownership. That would be a receipt, bill of sale or the like. If you don't have that, you can register the gun with Customs prior to your trip. They'll give you a form that you can present when you come back to the states. Customs highly recommends going the registration route - with that paper, there won't (shouldn't) be any question about the status of your ownership.
Your problem won't be with the ATF, it will be with Customs.
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August 31, 2011, 11:44 AM | #12 | ||
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This isn't meant to be in any way hostile, but by illustrating what the question isn't, maybe what the question is will be clearer.
Quote:
Quote:
Is it a matter of US regulation for a US citizen to take his legally possessed firearm to Canada?
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August 31, 2011, 11:50 AM | #13 |
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So are you concerned you may violate ITAR regulations? That would include some U.S. regulations regarding firearms leaving the country.
Perhaps this may be of some use: http://www.firearmslawgroup.com/publ...t-requirements
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August 31, 2011, 12:39 PM | #14 |
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Sorry Zuki, I totally misread your post.
Leaving with a gun isn't going to get you in trouble with the US. Unless, I suppose, you leave with it and come back without it.
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August 31, 2011, 12:57 PM | #15 |
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CowTowner, thanks for the ITAR regs.
Hardcase, no need to be sorry. You wouldn't think my question would be a problem, and the mind naturally jumps to the most likely and prominent obstacle in a fact pattern. I wouldn't have thought to contemplate this unless I had been presented with the following pattern. A man who travels between the the US and Canada and has places in both countries takes several firearms to Canada. He is subsequently served with a US criminal summons that alleges he transgressed federal law, but contains no specific citation.
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August 31, 2011, 02:28 PM | #16 |
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Is there some reason to avoid asking the agency which issued the summons?
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August 31, 2011, 04:57 PM | #17 |
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I ain't a lawyer, but I would think that any summons that fails to identify the specific law or laws alleged to have been violated is, on its face, defective. How can this hypothetical person offer a defense if he doesn't know what law(s) it is that he's alleged to have violated?
Heck, a traffic cop can't issue a speeding ticket without citing the applicable section of the motor vehicle code. |
August 31, 2011, 07:25 PM | #18 |
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Don't go to Canada without the proper paperwork already in place...see here
http://www.panda.com/canadaguns/#att |
August 31, 2011, 07:52 PM | #19 | |
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Quote:
and purchase of said firearms in the U.S. was in compliance with federal/state/local laws; and if bringing the firearms into Canada complied with Canadian law; and the firearms in question are legally owned/purchased by the traveler; then the traveler needs to contact an attorney and the agency/agencies listed in the criminal summons, in that order. Except for a few hinky exporting laws, I can't think of any reason why a U.S. law would have been broken. But even then, if it is an individual transporting the firearms from a place of legal status/residency in the U.S. to a place of legal status/residency in another country, then it doesn't pass the sniff test/definition of exporting. As long as it remains in the possession/ownership of the traveler, he/she has not exported anything... Export - 1. to ship (commodities) to other countries or places for sale, exchange, etc. 2. to send or transmit (ideas, institutions, etc.) to another place, especially to another country. 3. Computers . to save (documents, data, etc.) in a format usable by another software program. verb (used without object) 4. to ship commodities to another country for sale, exchange, etc.
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September 1, 2011, 07:35 AM | #20 | ||
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Quote:
Quote:
When I get more information on it I will update.
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September 1, 2011, 07:41 AM | #21 |
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Is there some reason to avoid asking the prosecutor who issued the summons?
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