Bringing a hunting rifle back home to the US from canada?

Question

my husband is a US resident but a canadian citizen and when he moved to the US he did not bring his hunting rifles because he did not know if he could. Now he wants to hunt and wants to bring back his hunting rifles from canada to the us. Can he do this and if so what does he need to do? The guns are registered in canada.

Answer 1

Federal law does not prohibit a noncitizen from purchasing and thus possessing a firearm. See http://www.ojp.gov/bjs/pub/ascii/ssprfsm... for all the details. Contact your local law enforcement and ask if local law has any impact.

A further paper chase led me to this:

[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2002]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR148.42]

[Page 145]



                        TITLE 19--CUSTOMS DUTIES



  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY



PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS--Table of Contents



                 Subpart E--Exemptions for Nonresidents



Sec. 148.42  Personal effects.

    (a) Exemption. A nonresident arriving in the United States,

regardless of age, is entitled under subheading 9804.00.20, and Chapter

98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19

U.S.C. 1202), to entry free of duty and internal revenue tax for his

wearing apparel, articles of personal adornment, toilet articles, and similar personal effects. ``Similar personal effects'' include all articles intended and appropriate for the personal use of the nonresident while traveling, such as hunting and fishing equipment, wheelchairs for invalids or crippled persons, pet and hunting dogs, and

the like.

OK, this says a NON-RESIDENT CAN bring in "HUNTING EQUIPMENT. Since he IS a permanent resident, he MAY have to pay IMPORT DUTIES, but that seems to be the only thing... Ask the Customs people for better information, plus the amounts of any import tarriffs and possible exemptions.

Answer 2

Most of the above answers are incorrect - some are close.

Being in the military and living in Alaska I have crossed the border many times with firearms.

Since the firearms are already his and purchased - he simply brings them home to the USA.  That is it.  The fact that they are registered in Canada is a real bonus for when he ever wants to return to Canada with them - I would not let this expire if possible.

Fact is any firearm registered in Canada will meet any state or city local regulation - including California - with the exception of the very few places that have have total bans.  (most of which are probably illegal according to the recent Supreme Court ruling)

So long as it is legal for your husband to own and carry them in his home state he is free and clear to bring them in.  

There is no paperwork required.  There is nothing to register or do in advance.  He simply returns to the US and if he is asked - he simply states that he is traveling with some unloaded firearms that he owns.  That's all.   It's all too simple.

Hope this helps.  

Answer 3

It depends on which state, and in some cases Cities there may be some paperwork. But there generally is no issues with hunting rifles in most of the U.S.

Answer 4

Declare them at the border and jump through the hoops of customs. In the US, there are very little restrictions on long-arms, so you should be fine.

Answer 5

If for some reason he wanted to unregister his guns in Canada he could.  But if he keeps his Canadian firearms licence up to date he can cross the boarder with no paperwork by showing his licence and registration cerificates.  They let Americans and other foreigners have Canadian firearm licences.  

There are only a few thing that could cause problems because of diferences in laws and weird American laws.

The barrel length and overall length laws are worded differently in Canada so some non-restricted Canadian gun are class III in the states.  

Clinton banned the importation of Norinco firearms, if he has any they can't come.  

If he had a stirling police carbine or any other gun that fires from an open bolt open bolt it can't be imported as it is concidered a machine gun there.  

Also if he has any surplus rifles that were made in America and given to allie durring a war(M-1s) they can't re-enter the states.

And if you live in one of the communist states that still assault weapons ban like laws there could be problems if he owns any black guns or surplus guns with bayonets and stuff, Canada never banned them.

Answer 6

If he can prove to US customs at the border that he originally brought them into Canada from the US, he needs no paperwork.  

If he can not prove this and if he has not established residence in a state, he needs to file a Form 6  http://www.rerogers.com/pdfs/atfapp.pdf

with the ATF to bring his firearm into the country.

If he cannot prove this and if he already has established residence in a state, he must go through a FFL to "import" the guns into the US.