Importing an airgun

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jefnvk

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Does anyone know the import procedures for airguns? I realize that they aren't considered firearms by the ATF, but is there anything special with customs or anything like that? Or, can it be shipped right to my door no differently than a computer?
 
From my experience they're no different than any other unregulated consumer good. Do note, however, that buying one with a detachable silencer is not legal.
 
I have imported over a hundred airsoft guns over the last 10 years from places all over the world (UK, Italy, Korea, Japan, Hong Kong, etc), so I'd say I have a fair amount of experience with US Customs on the subject. I'm assuming you are speaking of an airsoft gun, though if it is an actual bb or pellet gun, I'm not entirely sure if there are any different rules regarding them. Basically, in short, have the barrels painted orange (preferrably a 1" or larger band around the muzzle) and any trademarks covered up with putty or ground off with something like a dremel. Those are the 2 major factors that US Customs seems to pay attention to. Also, just be aware that not all Customs agents are equal, and some ports are particular a$$holes and seem to just love annoying the hell out of people. Considering Alaska is supposed to be a haven for gun owners, I was surprised when one of my expensive guns came through the Customs port there and, once I had received it, had been completely destroyed by overzealous Customs agents. I made an appeal for reimbursement but, nothing ever really came of that since it's pretty much impossible to prove who did it. I also had one agent seize an airsoft handgun awhile back, though amazingly I was able to have it released once I sent a letter explaining exactly what it was and how it was physically impossible for it to fire live ammunition. That was years ago while airsoft was in it's infancy, though now Customs agents are probably fairly used to the stuff coming through as it has expanded quite a bit in this country. One other suggestion is to have the contents listed as toy guns (specifically the word toy).

If it is in fact airsoft guns you are enquiring about, let me know as there are a handful of overseas retailers I'd trust and I can post them up here if you'd like.

PTK, I'm sorry but what you said about fake "silencers" is not entirely correct. It has been determined in the past, in the airsoft community, that according to the letter of the law any device which reduces the noise level of any type of gun (even airsoft) is considered a suppressor and governed under those applicable laws related to suppressors. Therefore even a small aluminum tube with a bit of foam in it for an airsoft gun is technically considered a suppressor, and not technically legal to import. HOWEVER, there are a number of companies overseas that also produce "US Spec" airsoft replica suppressors that are simply solid metal tubes and no sound deadening material which are perfectly legal. Honestly, I seriously doubt that Customs agents pay as much attention to airsoft suppressors as they do the guns themselves. I know because I have received several with these supposed illegal toy suppressors, though I removed the foam just to be safe. ;)
 
Wait!
I seem to recall reading recently that Michigan classified airguns as firearms.

That means there may in fact be more to it than those of us in the rest of the nation.
In most of the country airguns are not considered firearms. Some places require a person to be 18 or older to purchase them. Other locales have ordinances pertaining to thier use.
However usualy they are not restricted further in commerce.

Since Michigan classifies airguns as firearms now you may need to go through the same steps as you do for other firearms.


Here is the statement regarding thier classification as firearms from the pyramid air website:

Michigan residents may purchase airguns that require state permits or licenses by following these steps:

1. Inform Pyramyd Air of the item you want to purchase.
2. The item will be shipped to the designated dealer/retailer in your area. You must find a participating dealer/retailer and let us know where to ship your gun.
3. Go to your local police department and obtain a permit to purchase the airgun. Each airgun purchase must have a separate permit.
4. After the permit is issued to you by the police, take it to the gun store where your gun was shipped.
5. After the permit is presented to the store and their fee is paid, they will give you the airgun.
6. Take the airgun back to the police department for a safety check and ballistics test :banghead: .
7. After the tests are conducted and they determine that the airgun is safe, you can take the airgun home.

I assume you must follow 2-7 to be in compliance with the law.

In addition no airguns measuring less than 30 inches according to the site:
"Residents of Michigan may purchase anything on our site except for pellet guns or BB guns measuring 30 inches or less (overall length). These guns are regulated by Michigan as firearms and require a concealed gun permit or a Michigan state license to purchase a pistol."
http://www.pyramydair.com/airguns-shipping-restrictions.html

I am sure you can use that information to research and lookup relevant laws on state .gov sites to know the specifics.

Sounds like your close proximity to Chicago, your high crime in places like Detroit (and resulting knee jerk "keep us safe please" legislation), and proximity to very anti gun Ontario is starting to seriously effect your rights.
 
Zoog,

My guess is that is for air pistols. Licensing is only done on handguns in MI (and rifles under 30" which, by MI law, are handguns). But that is a good point, I'm digging through state info on importing now too.

And, if I read the laws right, which I may not, most of our licensing schemes have been around before any national laws existed.
 
Fine I will do your research for you. Here you go:


There is also a restriction to only .177 caliber in Michigan. Anything larger is consider a firearm.
Here is the relevant wording in law:
28.421 definitions.

“Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm
does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or
air, BB’s not exceeding .177 caliber.

“Pistol” means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its
construction and appearance conceals it as a firearm.

Here is a link for you, page 14 gives the definition.
http://www.legislature.mi.gov/documents/Publications/Firearms.pdf

So additional unfound laws notwithstanding, it appears air rifles exceeding 30 inches which are in .177 caliber (or less) and fire BBs are legal without restriction. Air rifles exceeding .177 caliber or firing anything other than BBs are firearms, and there appears to be no exception to "firearms" shooting pellets. That means pellet guns are firearms and subject to the same laws as rifles and shotguns.

You are limited to .177 caliber SMOOTH BORE. The fact that some will still sell you .177 rifled pellet rifles could change in the future.
The only reason they likely still send rifled air rifles is there is no federal regulations on airguns, and your state law does not seem to require long arms to go through an FFL, and is legal if they are over 18. However they are firearms per state law, no different than a rifle or shotgun. If they will sell you .177 air rifles they should sell you any caliber air rifles, but they won't and most retailers limit you to .177 pellet rifles only likely out of misinterpretation believing they are not firearms.
3.111 Rifles and shotguns; purchases by
residents. Residents of this state may purchase
rifles and shotguns in any state contiguous
thereto if they conform to the federal gun control
act of 1968 and the regulations issued thereunder,
as administered by the secretary of the
treasury and the laws of the state where the
purchase is made.

Your handgun purchasing requirements are more restrictive, and so most won't even bother with the hassle of selling you a rifled airgun under 30 inches as that requires you to go through the pistol permit process to purchase a handgun.

The law specificly says smooth bore and .177 caliber or less and firing bbs otherwise it is considered a firearm.

A quick search online and you will find dozens of airgun retailers will only send you either .177 air rifles, and some smoothbore air pistols. They will not ship you rifled pistols or larger calibers.
Though technicaly they should probably also sell you other caliber air rifles if .177 rifled pellet rifles are already considered firearms and they are willing to sell you those
They are likely misinterpreting the law and don't realize rifled pellet rifles even .177 ones are considered firearms just like the pistols. Most web retailers appear to have just copied the interpreation of another, so a mistake by the original might have led them all to make that mistake.
That or I missed a relevant statute.

The way I see it any pellet rifle or pistol is considered a firearm with a rifled barrel (or even using pellets as the law only makes exception for BBs and smoothbores.) Your long arm purchase laws are very lax (and only even mention FFLs as having guidelines) but your handgun purchase laws are restrictive. So some are willing to sell long arms legal per state law if you are over 18,
Selling handguns to you however would be a violation of state law without the permit process.

I however would not sell Michigan residents any long arms (pellet rifles)either based on this part of the law, and I imagine many airgun retailers will wise up as well:

(2) A person who knowingly sells a firearm
more than 30 inches in length to a person under
18 years of age is guilty of a misdemeanor,
punishable by imprisonment for not more than
90 days, or a fine of not more than $500.00, or
both. A second or subsequent violation of this
subsection is a felony punishable by imprisonment
for not more than 4 years, or a fine of not
more than $2,000.00, or both. It is an affirmative
defense to a prosecution under this subsection
that the person who sold the firearm asked to
see and was shown a driver's license or
identification card issued by a state that
identified the purchaser as being 18 years of
age or older

That means a person who does so twice is guilty of a felony, and shipping airguns to people when you cannot see thier license does not entitle you to the "affirmative defense", and per your state law is no different than selling a minor a shotgun or rifle.

You are welcome :D
I am not a lawyer and put that together quickly so verify your own laws, most relevant are probably located at the link.
 
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Sorry, I probably should have clarified I did find that 28.421 definition.

Let me rephrase the original question. Is there anything that would prohibit me federally, from purchasing an airgun in a foreign country (yes, it is legal there), and bringing it back (not likely, already at my luggage limit) or sending it back to my home in America?

In regards to section 3.111, regarding bringing firearms into the state, I think the definition of rifle:
(j) “Rifle” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed
or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile
through a rifled bore for each single pull of the trigger.

Would preclude an air rifle from being bound to only being acquired in a contigious state, as there are no statues that I can find with a blanket prohibition of all firearm purchases outside of contigious states (more than likely covered by federal law)

So, my understanding would be that an air rifle is a firearm in MI, albeit not a rifle. MI does not regulate firearm sales past what the ATF does in MI, other than making it illegal for someone under 18 to get an airgun. The ATF does not regulate air gun sales, so the only regulation by MI law is that no one under 18 gets one, hence any calibre with rifling being available for sale at Wal-Mart over the counter. Furthermore, MI only has laws regarding purchases of rifles and shotguns in contigious states, not other firearms not considered rifles or shotguns or pistols by MI. So MI should have no problem.

The ATF says air guns are unrestricted, so it should be no problem.

So other than places not selling to MI, over not being able to check the age, I should have no problem bringing a firearm back to MI from another country (barring export problems, which should not occur) on the foreign end.
 
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