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Foreign national leaving and re-entering US with rifles...
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I have a friend who has some substantial holdings in the US, including a game ranch in the Carolinas. He's going to Africa next year, taking his rifles that he owns in the states over and then returning with them.

Anybody know what regulations he'll have to adhere to? Will a 4457 be sufficient, or will he need to do somethng else?
 
Posts: 11729 | Location: Florida | Registered: 25 October 2006Reply With Quote
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I don't have an answer for you, only an opinion: if the rifle was purchased in the USA (does he have proof of purchase?) then I don't think his nationality will have any bearing on how he is treated. If the rifle is declared on the way out then there shouldn't be any problem coming back. But that's the way it used to be. Seen from here it looks like a new rule is invented regularly when it comes to travelling with firearms.


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Posts: 7046 | Location: Rambouillet, France | Registered: 25 June 2004Reply With Quote
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If your friend is not a U.S. citizen then see the above post. MMP
 
Posts: 604 | Registered: 11 December 2004Reply With Quote
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quote:
Originally posted by Wink:
I don't have an answer for you, only an opinion: if the rifle was purchased in the USA (does he have proof of purchase?) then I don't think his nationality will have any bearing on how he is treated. If the rifle is declared on the way out then there shouldn't be any problem coming back. But that's the way it used to be. Seen from here it looks like a new rule is invented regularly when it comes to travelling with firearms.


My thoughts, also, since the rifles were purchased here. I'm just curious to learn if any new regulations have come into effect.

Thanks.
 
Posts: 11729 | Location: Florida | Registered: 25 October 2006Reply With Quote
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I wonder if the African countries [esp RSA!] will be able to cope with a "Proof of Ownership" issue by a country other than his passport. I can see RSA in particular struggling with that difference.
 
Posts: 1261 | Location: Clearwater, FL and Union Pier, MI | Registered: 24 July 2003Reply With Quote
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quote:
Originally posted by jetdrvr:
... taking his rifles that he owns in the states over and then returning with them.


If your friend is a non-US resident, I believe he can not legally own and keep firearms in the Unites States.

See ATF FAQ, Q34 and Q35:

http://www.atf.gov/firearms/form6nia/faqs.htm

quote:
Q34. If I import a firearm temporarily for hunting or match shooting, do I have to take it out of the United States at all? My brother-in-law is a United States citizen and a U.S. resident. Can I just import the firearm, and leave it in the United States with him until I come back to the U.S. and need the gun again?

A. You may not leave the firearm with your brother-in-law. The regulations only allow you to temporarily import firearms. Therefore, you must take the firearms you import back out with you when you complete your sporting activity. In fact, the import permit you receive will state that the firearm must be taken out of the United States at the conclusion of the hunting or sporting event. Therefore leaving the firearm in the United States will result in an unlawful importation.


Q35. If I can't leave the gun with a friend or relative, could I leave it in the custody of a Federal Firearms Licensee in the United States?

A. No. Because the regulations require you to take the firearms you import back out with you when you complete the sporting activity, you cannot leave them with anyone in the United States, even a Federal firearms licensee. Also, as stated in FAQ 34, leaving it with an FFL will violate the restrictions on your permit stating that the firearm must be taken out of the United States at the conclusion of the hunting or sporting activity.


If your friend is a current resident of the US (although not a US citizen), then all he needs to reenter with his firearm is Customs for 4457:

quote:
Q41. I'm a nonimmigrant alien and have been living in the United States for several years. I have a firearm that I legally purchased in the United States and legally possess (I have a valid State hunting license). I'm going to bring my gun with me on a hunting trip to Canada. Will I need to obtain a Form 6NIA permit to bring the gun back into the United States with me?

A. You will not need to obtain a Form 6NIA permit if, when you return to the U.S., you can satisfy the U.S. Customs official that you previously took the firearm out of the United States with you. The easiest way to do this is to complete Customs Form 4457 when you leave the U.S. with the gun. Please note that when you return to the U.S. you will have to present the Customs official with documentation (for example, a hunting license/permit) demonstrating you are exempt from the general nonimmigrant alien prohibition on possessing firearms.



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The rifle is a noble weapon... It entices its bearer into primeval forests, into mountains and deserts untenanted by man. - Horace Kephart
 
Posts: 6653 | Location: Switzerland | Registered: 11 March 2002Reply With Quote
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Thanks. That'll cover him. He can get a 4457 and always has a valid SC hunting license, which exempts him from the nonimmigrant alien prohibition of owning or purchasing firearms in the states.

http://books.google.com/books?id=9encMNU8mwsC&pg=PA198&...UmfDae-4AY#PPA199,M1
 
Posts: 11729 | Location: Florida | Registered: 25 October 2006Reply With Quote
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quote:
I have a friend who has some substantial holdings in the US, including a game ranch in the Carolinas. He's going to Africa next year, taking his rifles that he owns in the states over and then returning with them.

Anybody know what regulations he'll have to adhere to? Will a 4457 be sufficient, or will he need to do somethng else?


jetdrvr ,
i am a foreign national and commute with my .577 all the time ,and often a shotgun ... i have a 4457 and thats all they need on the way back every time , on my way into the various countries i just do the paperwork exactly as any visiting hunter would ..

never been an issue for me and will be no hassles at all ... email me if you need any help ivan@ivancarter.com


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Posts: 1201 | Location: South Africa  | Registered: 04 March 2005Reply With Quote
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Thanks, Ivan. From what I've been able to discern, all he has to do is complete a 4457 and have a current stateside hunting license. He's been going in and out for years and owns a substantial stateside collection. I had heard that things have changed since 9/11, and he already has three African trips under his belt prior to that, but we're going to TZ in '09 and I wanted to ensure that there will be no problems.
 
Posts: 11729 | Location: Florida | Registered: 25 October 2006Reply With Quote
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