Sorry for the repeat. I didn't see that Larry had already posted the information.

This may not be dead, BUT if John Hoeven is involved it should go down the right track. Hoeven is a REPUBLICAN ND Congressman that has a hunting background. Being on the Department of Homeland Security Appropriations Committee he should have some pull. DEAD? No...Victory - Absolutely.

Gents:

As I've done in the past, here is a copy of what I put together earlier today and I've been blasting to all the ones I contacted previously. Feel free to copy/cut/paste/modify as you see fit and send it to yours too.

Congressman/Senator:

A few weeks ago I contacted your office regarding new ICE requirements being implemented requiring hunters/sportsmen wishing to take their personal, non-military, sport hunting firearms outside of the US. https://www.ice.gov/cpi/faq

I had also included links to the ICE referenced AESDirect web site https://aesdirect.census.gov/ and the IRS web site regarding IRS rules/procedures regarding the required Employer Identification Number (EIN) http://www.irs.gov/Businesses/...ber-%28EIN%29-Online and the EINs mandatory use both to open an account in AESDirect or to have a third-party with an AESDirect Account enter the travelers information and obtain the new mandatory Internal Tracking Number (ITN).

I also pointed out the fact, per the IRS website link above, “Employer Identification Numbers are issued for the purpose of tax administration and are not intended for participation in any other activities (e.g., tax lien auction or sales, lotteries, etc.)” and in order to comply with the new ICE requirements and use the AESDirect commercial website, traveling sportsmen would be potentially violating Federal IRS code by obtaining and using an EIN for a non-“tax administrative” purpose.

Today, Senator John Hoeven announced on his website that CB&P has agreed to temporarily return to the previous paper forms while the AESDirect website is updated/modified for private (non-commercial) use. http://www.hoeven.senate.gov/p...be-9c15-b5fb71a76999

While I think this is great news, I seriously doubt this issue is going to be "dead”…perhaps in “hibernation” until DHS/ICE/C&BP regroup and try again. Specifically, as the press release states, “while updates are made to the automated reporting system for exporting weapons”. This clearly tells me they still intend on doing this and using this system in any format, I believe will still be in violation of 18 USC, 926, "Firearms Owners' Protection Act" by requiring sportsman traveling out of the US having the serial numbers of their personal, non-military, sporting/hunting firearms entered and maintained in a Federally maintained database in what I believe is in clear violation para (a)(3) of the above Act.

Para (a)(3) - “No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”

While I don’t think ANY temporary export permit should be required for personally owned non-automatic, sporting firearms, if there is some legitimate reason to make sure sporting arms going out are actually coming back, I have the following recommendation - a simple paper process. The form could be the same size as the current required CBP Form 4457 http://www.cbp.gov/document/fo...effects-taken-abroad so it would be easy to clip inside a passport just like a 4457.

This new form would have the travelers basic info, just name and passport number, firearm info (make, model, serial #), estimated departure/re-entry dates and estimated ports of exit and re-entry. I say "estimate" for dates and ports as it is not unusual for flights to change or get canceled, or for those driving across a boarder to change exit/entry points for any number of legitimate reasons. The form would have the date and time, name/initials and phone number of the US C&BP officer and stamped seal just like the current CBP Form 4457.

This form would be filled out at the same time as the traveler goes to a local C&BP office to obtain the CBP Form 4457 or at anytime after the traveler has confirmed airline tickets for those flying or could be completed at the departure boarder control point for those driving to Canada or Mexico. The form could be carried by the traveler and a copy in the rifle case. Unlike a CPB Form 4457 which is valid indefinitely, this new form would only be valid for this single trip. Since no government agency would be saving/recording firearm info in violation of 18 USC above, this would be very simple solution.

Important - this "new form" SHOULD NOT REPLACE the current CBP Form 4457 as this form is, and has been, used for DECADES by foreign countries for issuing their own "Temporary Import Permit" for those sporting/hunting arms temporarily coming into their countries. Changing the CBP Form 4457 or process with them will create SERIOUS problems for them as well as the hunters entering their countries.

Please feel free to email or call me if you or any of your staff would like additional information.

v/r

The head of Customs says that he was unaware of the enforcement of the regulation Nice to know that the bureaucracy is operating like a well-oiled machine!

If Hoeven wasn't holding the purse strings nothing would have happened.

http://thehill.com/regulation/...withdrawn-by-customs

The Obama administration will stop blocking hunters from traveling internationally with their guns amid mounting congressional pressure.

U.S. Customs and Border Protection (CBP) in February began enforcing controversial export regulations that essentially prevented hunters from taking their guns and ammunition back and forth across the border.

After hunters protested, Sen. John Hoeven (R-N.D.) demanded this week that the agency withdraw the controversial policy during a meeting with Customs chief R. Gil Kerlikowske. House lawmakers also met with Kerlikowske about the matter.

Hoeven, chairman of the Senate Homeland Security Appropriations Committee, which controls funding for Customs, said it is “not appropriate” for the agency to stand in the way of hunters exercising their Second Amendment rights.

Customs is withdrawing the controversial policy effective immediately.

“Until the chairman brought this up with me, I actually was unaware of the new protocol,” Kerlikowske told lawmakers Thursday.

"It made no sense to me to continue down this path, and by this afternoon we will be changing our website and our information,” he added.

Kerlikowske was testifying before a House appropriations subcommittee hearing Thursday when Rep. Chris Stewart (R-Utah) said the policy makes it “almost impossible” for hunters to travel internationally with their guns.

"The Second Amendment is something that’s really quite important to me, as it is for millions of Americans,” Stewart said at the hearing. "I’m distressed at times by what I believe is an attempt by this administration to suppress, or to make more difficult, Second Amendment rights for Americans."

At issue were export regulations that Customs began applying to hunters in February.

Under the rules, hunters were required to register with the IRS as a business so they could provide Customs with an employer identification number used to track their guns.

However, the IRS refused to register the hunters because they were not legitimate businesses, in what has turned into a bureaucratic nightmare for many sportsmen, according to Hoeven’s office.

Customers should "recognize the difference between a commercial exporter and a sportsman traveling on a hunting trip to Canada or another country,” Hoeven said.

“Hunters should not have to register as a business with the IRS in order to bring their weapons and ammunition on international hunting trips,” he added.

Hunters will now be required to fill out a paper form, but they will no longer have to provide an employer identification number.

quote:

Originally posted by vvreddy:
The head of Customs says that he was unaware of the enforcement of the regulation ...

“Until the chairman brought this up with me, I actually was unaware of the new protocol,” Kerlikowske told lawmakers Thursday. ...

Unbelievable! If it wasn't so serious it would almost be laughable.

Anybody else see a pattern here?

Seems NOBODY in the senior leadership, including the POSPOTUS is aware of ANYTHING within their departments when they get caught doing something.

Who in the hell approves a significant NATIONAL policy change if it is not being approved by the department head.

Then too, when is the last time anyone has ever seen a federal government member of the senior leadership get frog marched off the hill or out of a hearing for perjury or contempt of Congress? They just claim "ignorance" and walk away. Maybe that is the key - ignorance really is bliss in D.C.

The way to fix this is perjury laws need to be expanded so that any government employee or elected official who makes a statement in public - not just in a court trial or other hearing - that can be proven to be knowingly false should be charged with perjury. That way, after they get their asses grilled in private they can't go out and get themselves some favorable media soundbites.

Don't hold your breath, politics as we know it will cease to exist.

Gents:

Let's keep the pressure on!! In addition to contacting your own House and Senate reps, here is a link the the Congressional Sportsmen's Caucus

Try to contact the not only the leadership but also the members listed farther down the page.

Can anyone verify that it is in fact going back to the 4457 system for the time being as I am getting feed back from hunters who are being told they are still going to have to register with the AES system on a modified form????

As usual, it would seem even temporarily suspending implementation of the new system still means they still can't get their shit together and that going back to the old paper system is open to interpretation.

[QUOTE]Originally posted by Jaglav:
On the CBP website under the "Media Releases" section they have their press release which states that they are going back to the paper 4457 process until the AES system is modified to accommodate international hunters without causing undue problems.

If traveling anytime soon it's probably a good idea to print out a copy to have on hand.



Temporary Exportation of Firearms
Release Date: April 23, 2015

WASHINGTON— U.S. Customs and Border Protection will continue to follow the long standing practice of issuing and certifying a Certificate of Registration (CBP Form 4457) to ensure that no traveler attempting to legally take their firearm out of the country experiences significant delays or incurs additional cost due to the implementation of a new regulation requiring an electronic filing. CBP's enforcement focus is on those engaged in illegal exportation of firearms for use by overseas organizations and individuals wishing to cause harm.
During this time, when a traveler contacts CBP to report export of a firearm, CBP will:
Assist the traveler to complete a CBP Form 4457 to assist in an issue free return to the U.S.
Provide a fact sheet about the regulation and how to comply.
Additionally, CBP is working with our other government partners to modify the AES system and the reporting process to make a more user-friendly experience for individual travelers.
CBP recommends that travelers allow a few hours for the declaration of the firearms to CBP and advises travelers to become familiar with the import requirements of the foreign country(s) that they may be traveling through or visiting. The countries may have more restrictive laws and regulations regarding the use of firearms.

quote:

Originally posted by conditionone45:
SCI Celebrates An Early Victory In the Fight Against Firearms Export Registration Requirements

The efforts of SCI, the National Shooting Sports Foundation, the National Rifle Association and others met with success on April 23, 2015 when Customs and Border Protection (CBP) reversed their decision to implement changes to the procedural requirements for hunters and recreational shooters wishing to travel abroad with their firearms. At a budget hearing held before the House Committee on Appropriations, R. Gil Kerlikowske, Commissioner of CBP, announced that the agency would temporarily return to the paper process used for years by international hunters and recreational shooters. In response to questions posed by members of the Committee, Mr. Kerlikowske explained that CBP would temporarily withdraw its requirement that hunters and shooters, who wish to take their firearms out of the country, register their firearms in the Automated Export System (AES). Mr. Kerlikowske informed the Appropriations Committee that CBP would be modifying its website later in the day to reflect this change in position. Please refer to this link for additional information about the hearing.

SCI will continue to pursue a long-term solution to this issue. Today’s decision provides only a temporary fix to a broader concern. The recently proposed (and just aborted) changes to the exportation of firearms comply with regulations, adopted in 2012, that require electronic registration. SCI is working with NSSF, NRA and others to propose revisions to these problematic rules.

Please continue to follow SCI communications for further developments on this issue.

Well done to SCI and all concerned... keep up the pressure to get this completely quashed!!

I just returned from a safari in Namibia last Thursday. Upon my arrival in Atlanta I went to pick up my rifle. The only thing I was asked for was the form 4457. No mention of the ITN number. I was asked if I had any ammo, I replied that I shot it all up. I was told something like "good deal".

New Release from SCI:

To All SCI Members Who Travel With Firearms:

U.S. Customs and Border Protection (CBP) has just updated its website to provide clarification on its current position concerning electronic registration for traveling with firearms abroad. On April 29, 2015, CPB added a page to its website explaining that it is “temporarily suspending implementation of the regulation” concerning electronic registration as the agency works to modify the Automated Export System (AES). The CBP webpage can be accessed directly from here: https://help.cbp.gov/app/answe...%20rifle/suggested/1. The full text of the new CBP notice appears at the bottom of this alert.

As this suspension is only temporary, SCI members should continue to monitor their electronic communications from SCI for further developments on the firearms registration requirements. SCI will continue to update you as we receive additional information.
The information in this email is not intended to serve as legal advice. Those with questions or need for additional information should contact CBP directly.

********************************************************
The following was excerpted from the CBP Website:

Traveling outside of the U.S. - Temporarily taking a firearm, rifle, gun, shotgun or ammunition abroad for hunting purposes

What is the process for a traveler temporarily taking a firearm, rifle, gun, shotgun or ammunition abroad for hunting or sports-related purposes?
Current export regulations issued by the Department of State require travelers to file electronic export information (EEI) for temporary export of personally owned firearms via the Automated Export System (AES) prior to departure from the United States.

CBP is aware of issues that travelers are having with the implementation of this regulation and is working to ensure that no traveler attempting to legally take their firearm out of the country experiences significant delays or incurs additional cost.

Because of these issues, we are temporarily suspending implementation of the regulation as we work with our government partners to modify the AES system to make it more user-friendly for individual travelers. In the interim, CBP will continue to follow their long standing practice of issuing and certifying a Certificate of Registration (CBP Form 4457). During this time, when a traveler contacts CBP to register their firearm for export and reentry, CBP will:
• Complete a CBP Form 4457 to ensure a problem-free return to the U.S., and
• Provide a fact sheet about the regulation and how to comply in the interim.
If you need to register your firearm in the course of your travel, please give yourself enough time to do so, 2-3 hours is a good estimate. You also have the option of registering in advance at a CBP Port of Entry. Once a firearm is registered, the 4457 can be used repeatedly for that particular firearm.

CBP advises travelers to become familiar with the import requirements of the foreign country(s) that they may be traveling through or visiting. Those countries may have more restrictive laws and regulations regarding the use of firearms within their countries. For many countries that do allow the temporary importation of firearms, the CBP Form 4457 is required for entry of a U.S. owned firearm into their country. (Canada does not require it, but it does facilitate the temporary importation. Be sure to become familiar with Canada's import requirements.)

Please note, if you are taking ammuition, and there is a possibility you will not use it all and would like to re-import it, your 4457 should reflect the kind of ammunition you are departing with.

Upon returning to the United States, the traveler will make a regular declaration regarding the personal effects and goods that they are carrying and ensure that they declare any firearms and ammunition. To satisfy the Bureau of Alcohol, Tobacco, Firearms and Explosives requirements for the re-importation of a firearm please refer to 27 CFR 478.115(a). The ATF regulations allow for the use of the CF 4457 upon re-importation, and does not require an approved import permit (ATF-6), provided that CBP is satisfied that the firearm was previously exported from the United States and is now being returned. To establish such proof, a bill of sale, receipt, copy of ATF Form 4473, household effects inventory, packing list, or registration on Customs Forms 4457 or 4455 may be used, if the registration form is completed prior to departure from the U.S. For military personnel, a properly executed Department of Defense Form 12521 signed by either the serviceman's commanding officer or an authorized Customs officer may be used. The acceptability of such proof is within the purview of the Customs officials at the port of entry.

Ammo on a 4457? I was under the impression that only items with a serial number could be listed on a 4457.

quote:

Originally posted by Jaglav:
Ammo on a 4457? I was under the impression that only it me with a serial number could be listed on a 4457.

Yes that would be NEW-
have never done it before

I was just told by my local office that the ITN number is still required here in Cleveland. I was making an appointment to get my 4457 done.
The CBP website says the 4457 will be used, but also includes the paragraph on the AES system.
Need help as I leave June 1.

Call Coppersmith. They will get it done for you.

quote:

Originally posted by Hoot Murray:
I just returned from a safari in Namibia last Thursday. Upon my arrival in Atlanta I went to pick up my rifle. The only thing I was asked for was the form 4457. No mention of the ITN number. I was asked if I had any ammo, I replied that I shot it all up. I was told something like "good deal".

I just came back from Namibia, through ATL, day before yesterday with the same results. No problems whatsoever, and "ITN" was never mentioned.