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Does anybody know...........
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if I can give a rifle to one of my South African friends that is visiting the states for the Shows.... I would of course be giving it to him to take home, He will be handling the improt part in South Africa and is convinced he can take care of that with proper documentation of legal purchase in the US. I am not worried about the South African part, but the US part is what concerns me.

I have been searching all over the net and it "appears" that a tourist may purchase a firearm if he has a valid hunting license but I can't find anything concrete????????
 
Posts: 42341 | Location: Crosby and Barksdale, Texas | Registered: 18 September 2006Reply With Quote
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I believe you are going to require an export permit to sell a rifle out of the USA. You must have a license to sell or ship a scope overseas. I believe you can only buy firearm if you hold green card.


Jim
 
Posts: 1206 | Location: Memphis, TN | Registered: 25 January 2008Reply With Quote
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quote:
Originally posted by Dall85:
I believe you are going to require an export permit to sell a rifle out of the USA. You must have a license to sell or ship a scope overseas.


Not to be flippant, but he is planning to do neither of these things. Seems the burden is on his friend to export it from the US and bring it into SA once he takes it from the hands of JTEX.

The only real question for JTEX is would he be breaking any laws by handing his rifle to a non-US citizen?
 
Posts: 1138 | Location: Washington State | Registered: 07 September 2005Reply With Quote
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It is illegal.
 
Posts: 956 | Location: PNW | Registered: 27 April 2009Reply With Quote
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JTEX - You are thinking of doing a firearms transfer to your friend while he is in the USA. What he does with it afterward is his responsibility. However, for you to be able to legally transfer the firearm to him, he must be able to legally receive it from you. Federal law says that firearms transfers may only occur between individuals of the same state while in their state of residence. Otherwise, the transfer must be conducted through a federal licensee with the proper FFL to do the transfer. So, You cannot give the rifle directly to your best friend from Montana while he is visiting you in Texas and you cannot give the rifle directly to your friend from South Africa. The only exception I know of is for antique (pre-1899) guns and rifles because, for the purposes of import and export, they are not considered firearms.

Now, if your friend can get what you referred to as "proper documentation of legal purchase in the US" then you can use an appropriate (and willing) FFL holder to do the transfer for you. The requirements are specific and are outlined here: http://www.atf.gov/files/firea...mmgrant-aliens-2.pdf

You may find that it is easier for you to just transfer and export the firearm through a dealer who specializes in that. There are several but I have used and can recommend Cherry's --- Cherrys Export Services




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Posts: 10900 | Location: North of the Columbia | Registered: 28 April 2008Reply With Quote
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quote:
Originally posted by montea6b:
quote:
Originally posted by Dall85:
I believe you are going to require an export permit to sell a rifle out of the USA. You must have a license to sell or ship a scope overseas.


Not to be flippant, but he is planning to do neither of these things. Seems the burden is on his friend to export it from the US and bring it into SA once he takes it from the hands of JTEX.

The only real question for JTEX is would he be breaking any laws by handing his rifle to a non-US citizen?


Exactly!!!!

quote:
JTEX - You are thinking of doing a firearms transfer to your friend while he is in the USA. What he does with it afterward is his responsibility. However, for you to be able to legally transfer the firearm to him, he must be able to legally receive it from you. Federal law says that firearms transfers may only occur between individuals of the same state while in their state of residence. Otherwise, the transfer must be conducted through a federal licensee with the proper FFL to do the transfer. So, You cannot give the rifle directly to your best friend from Montana while he is visiting you in Texas and you cannot give the rifle directly to your friend from South Africa. The only exception I know of is for antique (pre-1899) guns and rifles because, for the purposes of import and export, they are not considered firearms.

Now, if your friend can get what you referred to as "proper documentation of legal purchase in the US" then you can use an appropriate (and willing) FFL holder to do the transfer for you. The requirements are specific and are outlined here: http://www.atf.gov/files/firea...mmgrant-aliens-2.pdf

You may find that it is easier for you to just transfer and export the firearm through a dealer who specializes in that. There are several but I have used and can recommend Cherry's --- Cherrys Export Services


Thank you very much!
 
Posts: 42341 | Location: Crosby and Barksdale, Texas | Registered: 18 September 2006Reply With Quote
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And for an alien to purchase in this country, they need to be an immigrant alien....read Green Card.


......civilize 'em with a Krag
 
Posts: 291 | Location: Way out west | Registered: 23 January 2007Reply With Quote
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Not so. A nonimmigrant alien may purchase, receive, or possess a firearm if.....

quote:
An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions:

(1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired;
(2) was admitted to the United States for lawful hunting or sporting purposes;
(3) has received a waiver from the prohibition from the Attorney General of the United States;
(4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international
organization having its headquarters in the United States;
(5) is en route to or from another country to which that alien is accredited;
(6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.


AND:

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




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Posts: 10900 | Location: North of the Columbia | Registered: 28 April 2008Reply With Quote
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quote:
Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g.Visa Waiver Program),


This means most of Europe and other regions that have adequate security - meaning the passports are pretty bullet proof.
 
Posts: 13978 | Location: http://www.tarawaontheweb.org/tarawa2.jpg | Registered: 03 December 2008Reply With Quote
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