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Visiting the USA with Firearm. Rule Change Your required to apply for an approved ATF Form 6NIA, but don't have to supply a hunting license or shoot invitation (effective July 9, 2012).
This rule change is only for those who entry into the USA and DON'T require a VISA. If you require a VISA to enter the USA then you will still need to use the Hunting License or Shoot Invitation option.
A new form is being expedited, but ATF does not know when it will be published, as they don't control that part of the process (I check for a new form daily).
ATF will process your form without the Hunting License or Shoot Invitation, but be prepared to have problems with US Customs (my words) as it will take time to bring them up to speed, especially if your using the older ATF Form 6NIA. ATF said you can have U.S. customs call them if they have any questions. In the short term I suggest you still use the Hunting License or Shoot Invitation option until the new form is published, but that is your decision to make.
As of this posting, the new ATF Form 6NIA has not been published.
Read: ----------
The application must be approved by the ATF Firearms and Explosives Imports Branch located in West Virigina.
You may mail or fax the application. It's recommended you FAX.
- Download ATF Form 6NIA application.
It may take eight weeks for the application to be approved.
Fax:
EXCEPTION!
Target shooters using Washington State Crossings may be required to produce shoot invitations per Washington state law.
ATTENTION CANADIANS:
Residents importing goods that were previously exported from Canada, can ask the Canada Border Services Agency (CBSA) staff to document their firearms, on Form BSF407, Identification of Articles for Temporary Exportation, before leaving the country. The BSF407 can be used to identify the goods as having been previously exported from Canada to ensure they aren’t subject to duties or taxes. The information recorded on the BSF407 will include specific details about the goods, including make, model, serial number or other identifying information. If entering via Quebec you will require a firearm registration!
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When submitting ATF Form 6NIA for approval, submit shoot invitations/registrations to all events you will be attending for the next 12 months. An approved ATF Form 6NIA will authorize entry to the states with the firearms and ammunition listed on the permit, repeatedly for 12 months, as long invitations/registrations attached to the permit are for future events. A permit supported with shoot invitations can only be used to enter the states to attend such events. A shoot brochure/flier is not a Shoot Invitation! When a club mails a shoot brochure/flier they should include a brief personalized Invitation to attend.
The ATA and a number of clubs/organizations put out shoot invitation letters that seem to pass mustered with both the Firearms Branch and Customs. Saying that, such letters are technically only to be used for attending shooting events. Insure the letter you are using meets all your needs, such as random visits to clubs, visits to a friends property, or shoots you don't have an invitation for. If not, the hunting license option should be considered! If you have doubts on the validity of your invitation, contact West Virigina ATF to insure it's acceptable, as if rejected, you may not be notified for 6 - 8 weeks. Hunting License Exception: If you do not expect to receive invitations / registrations for future competitions until shortly before the competitions, you may want to rely on the hunting license exception to the nonimmigrant alien prohibition.
You may rely on this exception even though you are coming to the United States for competitive shooting events, and not to hunt. The use of this exception is used by a large number of shooters who enter the states frequently. Guidance provided on the ATF Form 6NIA application:
The hunting license/permit DOES NOT have to be from the State where you will be importing and/or using the firearm(s) and ammunition. See question #18 of the application, if using the hunting license option. EXCEPTION! Target shooters using Washington State Crossings may be required to produce shoot invitations per Washington state law.
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A shoot brochure/flier is not a shoot invitation! When a club mails a shoot brochure/flier they should include a brief personalized invitation to attend. It's recommended that in the body of the invitation, it's addressed to the shooter, on letterhead, with organization logo. I received this guidance from the ATF on Apr 17, 2007:
We will need an official invitation or registration, preferably on the organizations letterhead, to attend a competitive target shooting event or sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the competitive use or other sporting use of firearms. A processed registration form in your name will meet our requirements. If you can not provide the above referenced documents, then a copy of the envelope showing your name, address, and postmark along with the senders will also work. If the club you want to visit is unsure on how to format a shoot invitation, feel free to forward this page link or have them contact the ATF. SHOOT MANAGEMENT - PREPARING SHOOT INVITATIONS
Local organizations devoted to the collection, competitive use, or other sporting use of firearms can issue shoot invitations. From past experience, ATF expects to see a club logo and/or national logo on the invitation. Club's should consider setting up shoot invitations with a mail merge program, to ease the use of producing such documents. Club's may add multiple club shoots to one invitation, to include league shooting and fun shoots. Regional/state organizations are encouraged to compose a comprehensive shoot invitation listing all shoots/events held in its jurisdiction. Suggested Wording Posted to Your Clubs Website: Visitors to the U.S. Planning on Attending Shoot(s) at the Club. Download ATF Form for International Visitors (ATF Form 6NIA to allow for firearms entry into U.S.) Request Shoot Invitation Letter – All letters of invitation must be personalized to get your guns in and out of the US for shooting events. Please send an email request containing your name and complete postal address for each person who needs an invitation to "EMAIL ADDRESS". Include an email address where we can send the letter or letters. FAX the invitation when received, along with your ATF Form 6NIA to the ATF. Fax: (304) 616-4554 Provide a return FAX number to the ATF. It may take up to six (6) weeks to receive approval from the ATF. Contact the ATF if you don't receive an approved form after four (4) weeks. Phone: (304) 616-4550 (EST) Note: Suggested that shoot management sends invitaion in PDF format.
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An approved ATF Form 6NIA with a stateside hunting license (any state), gives unlimited entry for valid reasons, not necessarily hunting. You must always have a valid license in your possession! The hunting license submitted with the ATF Form 6NIA application can be from any U.S. state. It does not have to be from the state that you will be hunting or visiting.
If not sure of your hunting plans, or attending speciality hunts, and permits are not drawn until a late date, you may want to submit an ATF Form 6NIA with a hunting license from another state, in order to have an approved ATF Form 6NIA in your possession.
For shooters using the license option for target sports other then hunting, it's recommended you purchase an inexpensive license. The license does not have to be from the states you will be shooting in! EXCEPTION! Target shooters (not hunters) using Washington State Crossings may be required to produce shoot invitations, as Washington state laws seem to be in conflict with federal laws.
Non-residients who require a hunting license to support ATF Form 6NIA: You can use any hunting license to renew your ATF Form 6NIA, as long as it is valid at the time submitted.
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When importing Ammunition, as well as Firearms, list on the ATF Form 6NIA. When Importing ammunition, as many Canadian shooters do, you must take into account all ammunition requirements.
2. Aquired Ammunition When In the States:
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ATF WILL NOT issue a ATF Form 6NIA because you belong to an American club, or wish to visit an American club for casual shooting. The Form 6NIA is for attending an upcoming competitive target shooting event or sports or hunting trade show in the United States sponsored by a national, State, or local organization devoted to the collection, competitive use, or other sporting use of firearms. Aliens who desire to import firearms or ammunition for other than legitimate hunting or lawful sporting purposes may apply for an import permit by filing an ATF Form 6--Part I.
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If not bringing firearms and/or ammunition into the states, but plan on renting or borrowing a firearm, you DO NOT require a ATF Form 6NIA. Rental of Firearms On-Premises An alien admitted to the U.S. under a nonimmigrant visa is prohibited from possessing firearms or ammunition unless he or she falls within one of the following exemptions:
If VISA not required: Permanent resident aliens, and aliens lawfully admitted to the U.S. without a visa (e.g. Visa Waiver Program) do not fall within the prohibition, and therefore do not need to meet one of the above exemptions to rent a firearm. Rental of Firearms Off-Premises A licensee may rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes. This transaction is considered a “transfer” and must meet the following conditions:
An alien admitted to the U.S. under a nonimmigrant visa may rent a firearm for use away from the premises provided the above conditions are met, and the alien falls within one of the above listed exemptions, and has a valid identification document. However, under Federal law, a person may not transfer a firearm to an alien in possession of a waiver issued under the provisions of 18 U.S.C. 922(y)(3), unless the alien meets one of the exceptions found in 18 U.S.C. 922(y)(2). If VISA not required: Permanent resident aliens and aliens lawfully admitted to the U.S. without a visa (e.g. Visa Waiver Program) do not need to fall within one of the above exemptions to rent a firearm off-premises. However, the alien must have a valid identification document. The off-premises rental of an NFA firearm is allowed
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First, request to see the supervior on duty and try to resolve the issue. If that fails and you are denied entry with a firearm; record date, time, border entry location, badge number and/or name of official, and nature of incident. Without the shooter registering a formal complaint, their is very little that can be done to resolve border crossing issues with firearms. Most problems seen at vehicle border crossings has to do with local customs officials not fully aware of ATF firearm policies and paperwork requirements.
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You are allowed to export all unused ammunition that you brought into the states. Ammunition must have been listed on your ATF Form 6NIA. Ammunition purchased, won, or given to you while in the states cannot be taken out of the United States without you first receiving an export permit. Such a permit may take several months to obtain. Your firearms must be removed from the states, as you imported them using a temporary import permit.
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Q5. I am a nonimmigrant alien temporarily bringing a firearm into the United States for repair. Should I complete the Form 6NIA? A. Yes. This is the one other situation (besides a temporarily import for hunting or other lawful sporting purposes) where a nonimmigrant alien should complete the Form 6NIA. I contacted the Firearms Branch for clarification in regard to firearm repairs, asking a number of related questions, to include modifications. Comments at the end of paragraphs in the response are my own.
Question on this subject should be directed to the ATF - Firearms and Explosives Imports Branch, (304) 616-4550.
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Western Hemisphere Travel Initiative Required at land and sea borders: U.S. & Canadian citizens under the age of 16 (or anyone under 19, if traveling with a school, religious, or other youth group) need only present a birth certificate, Consular Report of Birth Abroad, Canadian Citizenship Card, or a naturalization certificate. Birth certificates can be an original, photocopy, or certified copy.
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If I am transiting the U.S. with a firearm, do I need a permit? If you are transiting the U.S. by air, you do not need a permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), however, you may need a DSP-61 (Temporary Import License) from the Department of State. If you have questions about whether a DSP-61 is needed, you should contact the U.S. Department of State, Office of Defense Trade Controls at (202) 663-2714. If you are transiting by car, except for the below exception, please contact the ATF for guidance. However, Canadian citizens coming across the border with a firearm with the intent of transiting only to go back into Canada at another port of entry (without stopping and hunting in the U.S.) should declare the firearm and ammunition when you arrive at the U.S. border. Explain that you are transiting the U.S. to get to another Canadian location for a purpose such as hunting. Long guns for hunting will require a CBP Form 4457 that will be completed at the port of entry when you apply for admission into the U.S. The CBP officer will verify the serial number. Customs and Border Protection (CBP) strongly recommends you have the following documentation: · Canadian permit for the firearm · A hunting license (U.S. Any State) NOTE: See Royal Canadian Mounted Police RCMP web site for changes to the Canadian Firearms Program. Traveling with handguns requires Form 6 from ATF. If you are transiting with a firearm and or ammunition and the purpose is not hunting, you will need to obtain the form A 6 from ATF authorizing the entry of the firearm/ammunition into the U.S. Also, if you stop and stay to either hunt or take possession of a firearm in the U.S., you will need to get the Form 6 from ATF. For ATF guidelines visit ATF.gov. Highly recommend you go to this link and print the page:
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1. Fax one copy of the ATF Form 6NIA with:
2. ATF recommends you photocopy attachments before faxing them to ensure they are legible. If they cannot read it, they will not approve.
3. Question 11. If you do not have one, answer "N/A". 4. Questions 12 and 15h are for Canadians only. If not Canadian, leave block 14h blank. 5. Questions 15 Discreption of Firearms and Ammunition: Provide the name given the firearm by the Manufacturer:
6. Include your backup firearm.
7. Postal mail may not be your best option if you need quick turn around for your application. It's become the norm to FAX. 8. At present, ATF WILL NOT notify you when they receive the application. 9. If you have not received an approved form after six weeks, you may want to call the ATF and ask for the status of your application. A small number of sportsmen have reported their applications were not in the system or they were told they had already been sent out weeks ago. Your only option may be to re-submit.
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Write and let me know of any problems you may have experienced
Posted By: Joe Potosky
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