HELLO! Im Canadian born but have both American and Canadian citizenship. Currently travelling/driving around the states for the next 8 months and have some questions.
I’m looking to buy a non-restricted (long gun) and potentially a restricted (handgun).
1) Is it legal to purchase a firearm as a non-resident?
2) Input on going from state to state with weapons (in vehicle)
3) Bringing USA purchased weapons back to Canada
^(I have Canadian firearms licence for non-restricted and restricted)
11 comments
1. All non-U.S. citizens need an alien number or admission number to purchase a firearm from a federal firearms licensee (FFL).
2. See #1. Otherwise depends on state.
3. See #1. Otherwise see Canadian laws. You are stricter on guns than we.
Gun laws very heavily by state. What you can and can’t do, both in terms of purchasing and carrying, will be different in every state. Make sure you’re aware of the laws in each state you’ll be traveling in.
Answers to Questions 1 and 2 would depend on the states involved. Some states have stricter gun laws than others. Question 3 involves Canadian law; perhaps you should enquire at Customs Canada.
Each state has different rules for purchase, and for transport/carry.
You need to look into what each state says.
> Is it legal to purchase a firearm as a non-resident?
you can purchase a long gun as a non-resident of a state, but to purchase a handgun you must be a resident. This is an unconstitutional law, but no-one has challenged it since Bruin, so it is still on the books.
Every state and locality has different laws about carry and what is legal where and its a mine field.
Some states/cities have restrictions on purchases regardless of recidence, but there are no federal laws infringing on US citizens’ right to purchase firearms based on residence.
When traveling, if you store the gun unloaded in a locked gun case with the ammo in a separate case, and keep it in the trunk, then you would be following all the different state laws on transporting firearms. But since states/cities have different restrictions on guns, make sure that there are no bans on owning that gun in the places you travel if you will be going to some of the anti-gun cities.
As far as taking guns across the US-Canada boarder that would be more of an issue with the laws in Canada. US boarder laws don’t really care what you are taking out of the country as long as you own it, aren’t trying to smuggle something illegal, and it isn’t property currently involved in a court case. Although if you were flying back to Canada rather than driving across the boarder, I’m not entirely sure how that would work for being able to check it in as baggage or needing to have it shipped separately, but that would still be more of an issue with the laws in Canada than US laws.
AFAIK Canada does not allow any guns to be brought across the land border, even if it’s registered and the owner is licensed.
#3 I suspect Canada isn’t going to accept your attempt at dodging the handgun purchase ban. You’re adding a new firearm to Canada of a type which is now basically not allowed to have new examples of enter Canada for sale. But that’s a AskCanada question, really.
1.
Purchasing is tied to residence and not to citizenship. To buy over the counter and complete a 4473 you need a US address, but you can just have a green card, or even a hunting license. Furthermore handgun purchases must be made in the state of your residence or you can arrange to have them ship to an FFL in your state of residence,
So you can figure out a way to get an address, even temporary. In many states you don’t need to fill out a 4473 with face to face transfers as long as you can legally own, but then you technically are not legal with residency.
2. The Firearm Owners Protection Act allows you to travel with anything through any state as long as you don’t leave the vehicle, but in practice you’re asking for trouble if you don’t do your research. New York and New Jersey are particularly problematic, but for the most part you can be legal in most states including California if you have them unloaded and in a locked case (including trunk) <=10 round magazines). There are tons of resources online you should research.
3. That’s a question for Canada, but for the handguns almost certainly not.
Any Canadian licenses are irrelevant in the US, just like e.g. an Illinois FOID means nothing in the other 49 states.
As an American citizen, you can legally purchase a gun so long as you are not a prohibited person. No idea how it works since you aren’t a resident of any state. Regarding going through states, read up on the Firearm Owners Protection Act.
Exporting guns is a whole thing. Joe Salters is a gun shop with locations in both countries, talk to them.
1. You have a legal right to purchase a firearm as an American citizen, regardless of if you are a resident. However…that only means you are not breaking the law in the eyes of the US. Your presiding government will have different laws in which you will need to obey, which could still make the purchase illegal. US laws don’t supersede Canadian laws while under Canadian jurisdiction.
2. State to state ownership isn’t the problem. The federal government regulates interstate commerce, and individual states can not ban the travel and transportation nor ownership of things like certain firearms. Purchasing laws may be different, and HOW you transport your firearm may be different (some places require it to be stored/locked/unloaded), but bringing it over state lines isn’t inherently illegal.
3. Just because you are a US citizen doesn’t mean US laws override Canadian law in their territory. The US laws require either an export license or license exemption, but Canadian laws also matter, as you are importing firearms. Couldn’t speak on those tho.