Selling Firearms to a Canadian

I receive several inquires each month about selling a firearm to a Canadian visiting the USA. I've posted on this in the past, but time to revisit the issue.

I'm not an FFL, nor an expert, I just do a bit of reading from time to time, so for what it's worth.

The short answer is NO!

You cannot sell directly to a visitor (Canadian) who is visting the USA for any reason; Attending a shoot, hunting, attending a gun show, vacation...

If the transaction does not go through an FFL, it's not legal under federal law!

An FFL can sell to a Canadian, but the FFL cannot let the Canadian take possession. The FFL must ship the firearm to Canada or transport it to the border after getting a US export permit and a International Import Certificate (IIC) issued by DFAIT Canada. Duties will have to be paid. Duties depend on country of manufacture.

The problem the seller will have is 99% of FFL holders will not handle an export transaction.

Leroy's Big Valley Gun Works has been exporting firearms to Canada for many years. Contact them and send them the firearm and they will do the rest. They charge a very reasonable rate.

Leroy's Big Valley Gun Works
Box 22, 527-2nd Avenue North
Glasgow, Montana 59230 USA
Phone: 406-228-4867
E-mail: leroygun

ATF Publication 5300.18

Having a third party purchase a firearm for you from a Federal Firearms Licensee (FFL) to possess in the United States

If you are not eligable to purchase a firearm from an FFL to possess in the United States, you MAY NOT have someone who is eligible purchase one for you. If you violate this prohibition, both you and the person who purchases the firearm for you could receive a maximum of 5 or 10 years of imprisonment, depending on the violation.

Purchasing a firearm from a nonlicensee to possess in the United States

A nonimmigrant alien generally MAY NOT purchase a firearm from a nonlicensee to possess in the United States. If you violate this prohibition, you could receive a maximum of 5 or 10 years of imprisonment, depending on the violation. If you have questions regarding possible exceptions to this prohibition, contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Nonimmigrant Aliens Purchasing Firearms and Ammunition in the United States - PDF

* The word GENERALLY means: The Canadian has resided in a State for 90 continuous days immediately before purchasing the gun (long gun) and intend to make a home in that State — it does NOT have to be the State where the long gun purchase is occurring. Only then can they take immediate possession. The rule for handguns is slightly different.

The publication I posted talks about ammunition purchased. The ATF has ruled not allowed unless the visitors is in possession of an ATF Form 6NIA and/or a stateside hunting license (from any state).

Speaking of ammunition. Ammunition purchased, won, or given as a gift cannot depart the USA without an approved export permit. Only ammunition brought into the USA on an approved ATF Form 6NIA can be taken out of the USA without an export permit.

I was just asked if an American could take a firearm into Canada and just leave it (sold to a Canadian).

The answer is NO!

All permanent exports of firearms must start with an FFL and an export permit, also an International Import Certificate (IIC) issued by DFAIT Canada must be in hand, as previously discussed.

One last item that is federal law in regard to visitors to the USA and firearms. A visitor to the USA, cannot borrow, possess or rent a firearm unless in possession of an ATF Form 6NIA and/or a stateside hunting license (any state).

The next time your at a shoot and a Canadian wants to purchase the firearm you have for sale and he tells you no big deal...

It will be the seller (you) who will have to tap dance if the firearm is involved in an incident or stolen in Canada or found not to be registered in Canada and it's traced back to the seller in the USA (you)and no FFL was involved nor export/import permits accomplished.