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Canadian buying a gun in the USA?

5K views 12 replies 9 participants last post by  Joe Potosky 
#1 ·
Has anyone in Canada done this in the last year or so? I am interested in how the process has changed now that we have got rid of the gun registry. Can a Canadian buy from a private dealer (Jaquas, etc)? What about from an individual (off the rack at a shoot, etc)??

Thanks,
Beau
 
#7 ·
Hi Beau,

You can buy the gun, but it must be shipped through an exporting FFL in the USA. I've heard good reports about Profit River Firearms in Alberta, other than it may take longer than you would like. I think a neighbor of yours bought a new gun through Bob Schultz and Profit River. E-mail me, if you want the fellows name. Bill Malcolm
 
#10 ·
I seem to recall seeing something recently about this. I was under the impression from what I read, that if you had a new(new application form) Form 6NIA, that you could buy a gun while in the States, because you were a trustworthy person, but it was unclear from the posting if you could bring it back to Canada, or had to do the FFL-importer thing. From what friends have done in the past, buying guns face to face at shoots, they show up at the border with their PAL, pay the duty, and off they go. That being said, Homeland Insecurity stopped me the last time I was down to buy reloading supplies, and were very concerned about me exporting powder and primers without a State Department export license. They weren't sure if I could, and couldn't find out, even after over 1/2 hour on the phone. One guy thought I fell into an exception to the export license rule, but he wasn't the one making the decision. They finally let me go on my way, but warned me that the truck and everything in it could be seized, and I could get serious jail time under the Patriot Act. This was the first I heard of any such thing in over 30 years of bringing back supplies.
 
#11 ·
RE: you could buy a gun while in the States

This had to do with the 90 day resident requirement. No longer 90 days, can be at any time, provided:

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Purchasing a firearm from a Federal Firearms Licensee (FFL) to possess in the United States:

Be a resident. The old standard of 90 day residency is no longer in effect but you must have the intent of being a resident. You can't cross the border, purchase a firearm and take possession!

Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, provided that they meet State of residency requirements and are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms.

To acquire a firearm, you must demonstrate the intention of making a home in a particular State. The intention of making a home in a State must be demonstrated to a Federal firearms licensee by presenting valid government issued identification documents indicating an address in the state in which the licensee’s place of business is located. Such documents include, but are not limited to, driver’s licenses, voter registration, tax records, or vehicle registration.
 
#12 ·
Joe - What I read was something to the effect that a Form 6 NIA, issued under a new application on a new form (which hasn't been issued yet), will enable the holder of that Form 6 to purchase a firearm. I don't recall any residence requirement. This is part of a series of new regulations or new interpretations of regulations by ATF and the State Department, as far as I can tell. It only makes sense, that if a non-immigrant alien has been checked out as being safe to possess firearms while in the States, that same person should be able to legally acquire a firearm as well.
 
#13 ·
Not aware of a change to allow for the purchase of firearms just because you have an ATF Form 6NIA.

This is what I have on the rules for the ATF Form 6NIA. I talked to ATF in mid July.

If you don't require a VISA to visit the USA you won't need to send in a state side hunting license or shoot invitation with your application.

If you need a VISA the old rules apply.

The person I talked to at ATF said they have sent in the new form to be published, but have no idea when it will be out, as they don't control the government section that prints the forms. I was told they put a rush order on it, but.... I check twice daily!

I was told they will process the older form without the supporting documents.

Not something I would recommend unless your prepared to deal with US Customs, as I'm not sure what they will be looking for until I see the new form. Customs may still want to see supporting documentation. Just have to keep our powder dry and see what kicks out.

I was told if any problems at the border to give ATF a call, but a lot good that does on a weekend or enroute to a shoot. Like I said, I would wait on the new form. I have heard a few have sent in their forms without supporting documentation. Have not yet heard if they got approved forms returned.

If I see anything in the new form that allows for the purchase of a firearm I will be the first to give an update....

* Also, in the next several years all ATF forms will be completed on line and sent to ATF on line. You will no longer have to FAX or snail mail. This is down the road, but being planned for.

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Now, shortly before this all came about in regard to the ATF Form 6NIA, a ruling came out on doing away with the 90 days resident requirement to purchase a firearm from an FFL.

The new rule is to acquire a firearm, you must demonstrate the intention of making a home in a particular State to the FFL. No 90 day waiting requirement.

In theory you arrive in the USA and are to become a resident. If you have the correct documents you can purchase a firearm from an FFL the next day. The key word is RESIDENT. Not visitor!
 
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