Inheriting guns...from across the border.

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smalls

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I was talking to my father (who is a Canadian citizen/resident) last week. He mentioned to me that he finally got around to changing his will he set up 15-20 years ago. He also mentioned that the will states that I am to inherit all the guns, now! My dad is quite healthy, and just hit his 50th, so hopefully I don't have to worry about this anytime soon, but it got me thinking. How the hell do I get them from Canada to Michigan? Legally speaking if course, I don't need suggestions on which moving company to use :p
 
Thank you! Every time I google this issue it leads me to articles on temporary importation for hunting purposes.

Now the question changes. Can I be the importer, or whoever is dealing with my father's affairs? Or does it have to be someone with an FFL 08 or 11?

Getting dad's hunting rifles could get kinda pricey if it comes down to that...
 
Did you read the link? The last line, in bold, says:

It shall be unlawful for any person other than an Federal Firearms Licensee ( FFL, knowingly to import, or bring into the United States, any firearms or ammunition. 18 U.S.C. § 922(a)(1).
 
I did, but then I reread the top paragraph 5 times and forgot about the second paragraph :eek:

Ok, so if I understand this right, I have to have an FFL 08 bring it across the border and then give them to me. I assume all the other formalities (4473, etc.) are the same once the guns are here.
 
More information from a government site, should not be not subject to copyright issues.

This seem to go into more detail on what is involved. Interesting how the process works. For even more information, please to to the site directly.

http://www.atf.gov/firearms/faq/imports.html


Q: When preparing an import permit application on ATF Form 6 Part I, Part II, or Form 6NIA, do I have to report the actual barrel length and overall length of the firearm I want to import?

Yes, the barrel length and overall length of a firearm are required pieces of information on an import permit application. Gun Control Act (GCA) regulations in 27 CFR 478.112(b) and Arms Export Control Act regulations in 27 CFR 447.42(a)(1) make this information a mandatory part of completing the permit application. Effective immediately, applications which lack this information, provide only a range (e.g., 18-24 inches), or which are non-specific (e.g., 18+ inches) with respect to barrel length and overall length will be returned without action by ATF for more information from the applicant.

Barrel length and overall length are important factors in helping ATF determine whether a firearm is importable, helping U.S. Customs and Border Protection reconcile a permit to the actual shipment during the release process at a port of entry, and may be useful in assuring that the correct duty is paid. In addition, the barrel length and overall length of a firearm are determining factors in whether a firearm is subject to the additional controls of the National Firearms Act (NFA). A shotgun having a barrel of less than 18 inches and an overall length of less than 26 inches and a rifle having a barrel of less than 16 inches and an overall length of less than 26 inches are classified as NFA weapons.


Q: May a licensed dealer who does not have an importer’s license make an occasional importation?

Yes. A licensed dealer may make an occasional importation of a firearm for a non-licensee or for the licensee’s personal use (not for resale). The licensee must first submit an ATF Form 6, Part I to ATF for approval. The licensee may then present the approved Form 6 and completed ATF Form 6A to U.S. Customs and Border Protection. Contact the Bureau of ATF, Firearms and Explosives Imports Branch for forms, or download them from the ATF Web page at http://www.atf.gov/forms/firearms/.



Q: When a firearm is imported from a country other than that in which it was manufactured, what country must be marked on the firearm by the importer, the country of origin or the country of export?

27 CFR 478.92(a)(1)(ii)(E) requires an imported firearm to be marked with the name of the country in which it was manufactured, among other information. 27 CFR 478.112(b)(1)(ii) requires the country of export to be identified on the import permit application, but this information should not be marked on the firearm.

Q: What is the excise tax and duty on an imported firearm?

ATF is no longer the Federal agency responsible for collecting excise tax on imported firearms and ammunition. Please contact the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau for excise tax information and U.S. Customs and Border Protection for import duty information.

Q: When is a firearm considered imported for purposes of calculating the 15-day period within which an imported firearm must be marked and reported to ATF on Form 6A?

A firearm (as well as ammunition and other defense articles) is imported on the day it is released from the custody of U.S. Customs and Border Protection (CBP) and brought into the United States, which may be different from the day it is physically received by the importer. The date of import is based on the Gun Control Act’s regulatory definition of importation in 27 CFR 478.11. The permissible period of time within which importers must comply with applicable marking and recordkeeping requirements is calculated using the date of importation as the starting point. See related August 27, 2010, Open Letter posted on the ATF website.
 
You'll also have to deal with the paperwork on the Canadian side of the border too.
(Export for Canada, Import for the US).

Executors have elevated latitude in the Canadian Firearm Act, which would be relevant law for such transactions. Might need export license to permanently send firearms from Canada to the US. Don't know how that would work for a non-Canadian resident executor, if that is your plan. Ditto for taking physical possession. Restricted and Prohibited with Grandfathering firearms in Canada are still registered, and that registration is void on the passing of the current owner. If applicable that has to be handled with the relevant Canadian authorities too.

Simplest advice is to make a prior arrangement with a licensed Canadian firearm dealer.
The executor can then contact that dealer to pickup and hold the estate firearms while arrangements and paperwork are sorted out. That avoids any unintentional violation of Canada firearm law, and you're be using someone with in-depth knowledge of same
(or who to ask).

Not all lawfully possessed firearms in Canada will be importable into the US,
so getting a list with mfgr and model details beforehand will let you know now before there are any surprises. The Canadian dealer can typically arrange to sell the ones (if any) that can't be imported into the US. (Such as recent Chinese-mfgr long guns too).
 
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Not all lawfully possessed firearms in Canada will be importable into the US,

I'm also aware of this. Nothing he owns is very "special". No SBR's, SBS's, all American made, etc. just common hunting shotguns and rifles that I've also seen for sale here in the USA.

Simplest advice is to make a prior arrangement with a licensed Canadian firearm dealer.

Thanks, this is good advice. I'm not in any hurry, hopefully we can squeeze another 40 years outta him, but I might make a few calls to clarify exactly what needs to be done, and how much it's going to cost me.
 
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Depending on what he has, giving some of them to you now would also be a good idea. Never know how things might change in the future. I'm 55 and have aleady started giving many of my guns to my kids, grandkids, and son-in-law. I'm keeping the guns I actually use for now and giving them an early inheritance. By the time I die, there will only be a handful in my house. At least I hope I live long enough for that to happen. Let 'em use them now and possibly avoid a lot of red tape later. Or even the possibility of it being illegal later.
 
I wouldn't complain if he did! But to my knowledge he uses them all currently. We're not talking a large collection. Maybe 5-10 hunting rifles/shotguns. And to be honest, in not a hunter, so I currently have no use for them. But I'd like to have them eventually and have something to remember him by.
 
If not for sentimental value, my recommendation would to arrange for Cdn domestic sale later rather than export/import.

You're going to pay a lot for USG paperwork and handling to the US importer, and some for shipping charges and the export handling in Canada. I don't believe there are any serious Cdn gov't fees for simple hunting arms export to the US.
 
I should clarify my previous comment. They will be held for sentimental reasons, but currently they get used by him, and they'd rarely get shot by me if I had them. So for him to give them to me now, they'd just sit there, when they could be (and are) used by him now. I'm willing to pay the price to get them here at the point that they become more than safe queens.
 
I gathered earlier that OP's interest was sentimental, which is worth a premium.

Others who may stumble on this thread later should realize that for most common long guns, the premium is probably not worthwhile if they are simply looking for something that shoots.
 
You better hope barry doesn't sign that executive order banning import of all firearm, ammo, and accessories......
 
First, you don't need to be a licensee to import firearms for your personal use and not for resale. (An importer's FFL is for persons "engaged in the business" of importing firearms or ammunition.)

You do need to fill out the form, and obtain approval. The form itself will answer many questions.

http://www.atf.gov/files/forms/download/atf-f-5330-3a.pdf

Jim
 
Oh good grief. Here it is for folks who don't click links:

What is the process for importing inherited or used firearms / guns / rifles / pistols imported from overseas?

Inherited or used firearms must be imported through a registered dealer. The importer will need to make arrangements with a dealer to import the firearm prior to bringing the firearm to the U.S. The dealer must submit a Form 6 to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to receive authorization to import the firearm. It usually takes 4-6 weeks for ATF to process the form and return it to the dealer. If the permit is not received prior to the firearms arrival into the U.S., Customs and Border Protection (CBP) will detain the firearm for up to 30 days. If the dealer is unable to get the permit within that time, the firearm may be transferred to a general order warehouse and the importer will have to pay storage fees. After 60 days of transfer to the warehouse, it could be sold at auction.

Please see the ATF Web site for more information.

It shall be unlawful for any person other than an Federal Firearms Licensee ( FFL, knowingly to import, or bring into the United States, any firearms or ammunition. 18 U.S.C. § 922(a)(1).
 
C&R FFL can be your friend if they are over 50 years old. You can import curios with the C&R. Easy as pie to get.


Willie

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