Gun Dog
01-28-2007, 10:07 AM
I've heard (and read) that possessing something gun related -- like a scope -- can get you thrown in the pokey down south. I looked on the BATF web site and couldn't find anything so I sent them an e-mail.
In a nutshell,
The term “firearm” is defined as: Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
The term “ammunition” is defined as: Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm other than an antique firearm. The term shall not include (a) any shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing, nor (b) any unloaded, non-metallic shotgun hull or casing not having a primer.
If any of the items that you intend to purchase are found within the definitions provided above, then you would be prohibited from receiving such items until you meet the requirements stipulated for non-immigrant aliens.
It looks like reloading supplies are not allowed but firearms parts (excluding receivers and silencers) are allowed. Exporting back to Canada is a different department and isn't covered here.
My e-mail:
As a Canadian I'm a nonimmigrant alien when I'm in the United States and can't possess firearms or ammunition. But what about firearms parts and ammuniton parts? I've heard rumers that the list of things I can't possess includes things like scopes and stocks and other firearms accessories. Similarly, reloading supplies (bullets, brass, powder and primers) are not allowed (or maybe they are) and I have no idea if reloading equipment (presses, dies, powder measures) is included.
I've looked through the FAQs and documents and all I know is that I can't possess "firearms or ammunition" but I haven't found a description or list of what I can't possess (or export back to Canada). Is there a Web link that I missed? I'm not anxious to review the actual legislation to find the answer.
Their response:
Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). We apologize for the delay in our response. As a nonimmigrant alien in the United States, you would generally be prohibited from possessing or purchasing firearms and ammunition. However, exceptions are made under 18 U.S.C. 922(y) for nonimmigrant aliens to possess firearms and ammunition if they meet one of the following exceptions:
• 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
• An official representative of a foreign government who is accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States
• En route to or from another country to which that alien is accredited
• An official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State
• A foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
• The Attorney General grants a waiver of the prohibition by approving a petition submitted by an alien.
In order to purchase a firearm, the non-immigrant alien must also establish 90-days-continuous residency within a State. Substantiation of such 90-day continuous residency must be provided by the non-immigrant alien by presenting the Federal Firearms Licensee (FFL) (i.e. firearms dealer) with a copy of the alien’s utility bills, lease agreements, or other similar documentation which demonstrates 90-days-continuous residency.
The term “firearm” is defined as: Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
The term “ammunition” is defined as: Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm other than an antique firearm. The term shall not include (a) any shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing, nor (b) any unloaded, non-metallic shotgun hull or casing not having a primer.
If any of the items that you intend to purchase are found within the definitions provided above, then you would be prohibited from receiving such items until you meet the requirements stipulated for non-immigrant aliens.
Once your become a legal permanent resident alien, you would only need to establish legal residency within a State for 90 continuous days prior to purchasing a firearm (the §922(y) exceptions would no longer be necessary).
Should you have any further questions, please contact your local ATF Industry Operations Office. A listing of ATF office phone numbers can be found here at http://www.atf.gov/contact/field.htm.
Thank you,
ATF Firearms Enforcement Branch
In a nutshell,
The term “firearm” is defined as: Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
The term “ammunition” is defined as: Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm other than an antique firearm. The term shall not include (a) any shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing, nor (b) any unloaded, non-metallic shotgun hull or casing not having a primer.
If any of the items that you intend to purchase are found within the definitions provided above, then you would be prohibited from receiving such items until you meet the requirements stipulated for non-immigrant aliens.
It looks like reloading supplies are not allowed but firearms parts (excluding receivers and silencers) are allowed. Exporting back to Canada is a different department and isn't covered here.
My e-mail:
As a Canadian I'm a nonimmigrant alien when I'm in the United States and can't possess firearms or ammunition. But what about firearms parts and ammuniton parts? I've heard rumers that the list of things I can't possess includes things like scopes and stocks and other firearms accessories. Similarly, reloading supplies (bullets, brass, powder and primers) are not allowed (or maybe they are) and I have no idea if reloading equipment (presses, dies, powder measures) is included.
I've looked through the FAQs and documents and all I know is that I can't possess "firearms or ammunition" but I haven't found a description or list of what I can't possess (or export back to Canada). Is there a Web link that I missed? I'm not anxious to review the actual legislation to find the answer.
Their response:
Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). We apologize for the delay in our response. As a nonimmigrant alien in the United States, you would generally be prohibited from possessing or purchasing firearms and ammunition. However, exceptions are made under 18 U.S.C. 922(y) for nonimmigrant aliens to possess firearms and ammunition if they meet one of the following exceptions:
• 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
• An official representative of a foreign government who is accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States
• En route to or from another country to which that alien is accredited
• An official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State
• A foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
• The Attorney General grants a waiver of the prohibition by approving a petition submitted by an alien.
In order to purchase a firearm, the non-immigrant alien must also establish 90-days-continuous residency within a State. Substantiation of such 90-day continuous residency must be provided by the non-immigrant alien by presenting the Federal Firearms Licensee (FFL) (i.e. firearms dealer) with a copy of the alien’s utility bills, lease agreements, or other similar documentation which demonstrates 90-days-continuous residency.
The term “firearm” is defined as: Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
The term “ammunition” is defined as: Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm other than an antique firearm. The term shall not include (a) any shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing, nor (b) any unloaded, non-metallic shotgun hull or casing not having a primer.
If any of the items that you intend to purchase are found within the definitions provided above, then you would be prohibited from receiving such items until you meet the requirements stipulated for non-immigrant aliens.
Once your become a legal permanent resident alien, you would only need to establish legal residency within a State for 90 continuous days prior to purchasing a firearm (the §922(y) exceptions would no longer be necessary).
Should you have any further questions, please contact your local ATF Industry Operations Office. A listing of ATF office phone numbers can be found here at http://www.atf.gov/contact/field.htm.
Thank you,
ATF Firearms Enforcement Branch