Canadian gun ownership in the USA - The Firearms Forum

mark_baron · 03-12-2011, 02:27 PM

The question came up recently about a neighbor. He is Canadian who lives 6 months of the year in his condo in Florida. He has a handgun which he keeps for self protection in his condo. I'm not going to go into how he got the gun or how it came to be in Florida. The question is: is it legal for a Canadian citizen to own a handgun in the USA?

Zhurh · 03-12-2011, 02:50 PM

Ya know what's humorous? I live on the border and have many friends in Canada (locals travel back and forth pretty much unimpeded mainly due to fact the border is so remote and everybody likes it that way), also lots of people here half their relatives are Canadians. So everybody buys & sells guns back and forth without any papers and walk them across the border through the woods ect, never consider going through a tourist border crossing. It should be that way all along our border with Canada too; maybe it is in most places?

Canadians all have a license (like a drivers license) to buy new guns in Canada on the spot without any wait. They all can get special permits for pistols their too. The biggest thing Canadians get upset about is how their post offices charge them import duty tax on everything sent from USA, and it is high; and of course also that their beer is double the price as ours due to taxes ha. I always get boxes in the mail for my Canadian friends, then they pick them up when down to visit, ha. I'd do the same, but lucky for us the USA doesn't really worry about import duty taxes and such.

Didn't mean to get off track, tell your neighbor he's just living too far South, ha. Sometimes I don't blame the snow birds though, it's around zero near lunch here.

armedandsafe · 03-12-2011, 03:11 PM

http://www.vrolyk.org/guns/alien-laws.html

We just had a big hassle here in WA State over that very thing. We (gun owners) won.

Pops

zkovach · 03-12-2011, 06:36 PM

Tell your neighbor to become a radical Muslim. He will then be covered by our constitution!

Kieran McCaig · 03-12-2011, 09:09 PM

Canadians all have a license (like a drivers license) to buy new guns in Canada on the spot without any wait. They all can get special permits for pistols their too. .[/QUOTE]

It's not as simple as that.As for owning guns in the USA generally Canadians export their firearms to the US.We have to fill out forms with ouy border service and the BATF and then wait.Or buy when in the state after doing CCW.

mark_baron · 03-13-2011, 10:20 AM

OK thanks for all the info, but my question still remains so I will state it differently. Lets say he (the Canadian) buys a handgun in Florida privately. No paper work, nothing. I know the transaction was illegal but that ship has sailed and no one is saying anything. The question remains: is it legal for a Canadian citizen to own a handgun in the USA? If the handgun was found by the police (lets say they were investigating a break-in, and the police saw the gun); would he be asked for paperwork and not having any would he be in legal trouble.

Thanks in advance.

Kieran McCaig · 03-13-2011, 11:09 AM

That would better be answer by one of the FLA boys,Up here no paperwork you get yourself in a whole lot of legal trouble.

K75RT · 03-13-2011, 11:55 AM

This site seems to have a lot on gun ownership by aliens: http://www.vrolyk.org/guns/alien-laws.html

mark_baron · 03-13-2011, 03:22 PM

Thanks,
I checked out that site before:

US state and federal gun laws for non-citizens:
Federal Issues:
In general, non-immigrant aliens are forbidden to possess any firearms or ammunition. But there is a big exception for a legal alien who:
...is in possession of a hunting license or permit lawfully issued in the United States

(See Title 18, USC Chapter 44, Section 922, part (y)(2) for details.)

Florida:
No special restrictions found.

I also checked out the referenced Title 18... it seems to mostly cover purchases and transfers.

So I guess this Canadian is not allowed to possess any firearm since it is not for hunting (has no hunting license) and no permit lawfully issued in the US. So I suppose the cops would know it was unlawful but would have to go to the State or Federal Attorney to find out what to charge him with.

armedandsafe · 03-13-2011, 09:04 PM

Yes, it appears as if you will have to apply for and obtain the Alien Firearms License.

Pops

mark_baron · 03-14-2011, 09:34 AM

Quote:

Originally Posted by armedandsafe

...apply for and obtain the Alien Firearms License.

Pops

Thanks Pops but apparently only in the state of Washington. No such thing in Florida. Probably a boarder state thing.

Also he can't get a Florida Concealed Weapon or Firearm License "...not eligible for licensure if you are not a US citizen OR if you are not a lawful permanent resident alien who has resided for 90 consecutive days in the same state shown on your application when you applied."

armedandsafe · 03-14-2011, 04:07 PM

I went back and read my research more carefully. Yes, apparently the Alien Firearms License is unique to Washington State. So, the next best thing might be to get a hunting license.

Pops

Kieran McCaig · 03-14-2011, 04:17 PM

The hunting license only workes when your bring a gun that you own in to the USA from Canada and I believe it only good for 60 days.

armedandsafe · 03-14-2011, 06:05 PM

Is that so for Florida? I didn't see any such restriction in my limited scan of the Florida laws.

Pops

uzim16 · 03-26-2011, 01:53 PM

For example, I buy a townhouse in Orlando, live 3 month there per year. As a Canadian without US green card, can I buy a gun in Fl?( for use in FL only, no bring back to Canada)

larrydickman · 03-26-2013, 05:07 AM

I just ran into this situation. I got a call from a guy who wanted to buy a rifle. It was a little 22 lr. I get to the place we met at and he has a Florida DL. He then tells me he is a Canadian National. He shows me 3 pistols he just bought at a a local gun shop in Fort Myers. I am a bit nervous. So I called the local police and the cop shows up I tell him the situation and he says to the guy are you a felon? Nope, OK good to go. I sold the gun to him but it still seams strange. If the buyer showed me a Fla. DL and never said anything it would have been fine. Fla only says that they have to be a resident of Fla. I dont have to check citizen ship.

1952Sniper · 03-26-2013, 09:12 AM

Quote:

Originally Posted by uzim16

For example, I buy a townhouse in Orlando, live 3 month there per year. As a Canadian without US green card, can I buy a gun in Fl?( for use in FL only, no bring back to Canada)

If he is a foreign national who is in the US on a nonimmigrant visa, then he is considered a "prohibited person" unless he has the aforementioned hunting license and exceptions.

This is actually explained pretty thoroughly in the instructions for the Form 4473.

http://www.atf.gov/forms/download/atf-f-4473-1.pdf

WHSmithIV · 03-26-2013, 09:14 AM

Quote:

Originally Posted by mark_baron

OK thanks for all the info, but my question still remains so I will state it differently. Lets say he (the Canadian) buys a handgun in Florida privately. No paper work, nothing. I know the transaction was illegal but that ship has sailed and no one is saying anything. The question remains: is it legal for a Canadian citizen to own a handgun in the USA? If the handgun was found by the police (lets say they were investigating a break-in, and the police saw the gun); would he be asked for paperwork and not having any would he be in legal trouble.

Thanks in advance.

It is not legal for a foreign national to own any firearm in the United States unless that foreign national has an immigrant visa (i.e. a Green Card). My wife is a Finnish citizen, she has her Green Card (and we paid a lot of govt. fees to process it and get it BEFORE we moved from Finland to here in Idaho - over $1000). My wife has her little .25 here that I bought her. She filled out her BATF form and the pistol was transferred to her name when it arrived at our local FFL. This is 100% legal because she is a LEGAL immigrant.

Zhurh · 03-26-2013, 10:29 AM

Most Canadians I know have relatives in the USA, back and forth. Most, but not all are Indians and they don't pay as much attention to any govt law on either side of the border anyway. For that reason I believe, the govt doesn't enforce repressive laws in the same manner they do on us "meek as church mice" Whites; no joke. The Indians stick together no matter what side of the border they call home and govts just can't or don't want all the bother of locking the entire village up. Ya know most Indians see fed govt laws as an infringement on their native rights as a culture, (game laws, border restrictions, fishing rights, land rights on and on). We could learn a little from them backward Indians.

Another reason is we have an awful big border with Canada, some places open water, open country, mountainous forest & woods, pretty much impassable. Reality is if people don't voluntarily comply, their entire system of laws & criminal prosecution collapses on itself; govts don't broadcast this fact all that much. Just take a look around if you live near the border, you'll see I'm not giving you some line.

Don't mean to get off track, but maybe someday, if the govts enact strict registration, we'll all see how little compliance really occurs and how little it is broadcast over the media. Maybe I just live in a conservative area around people that don't always do as they are told. Might be alot different in Ontario, New York, ect. For a minute, just think about how wild & free our founding fathers really were to stand up against what was shoved down their throats; boy things have really changed.

WHSmithIV · 03-26-2013, 12:15 PM

Quote:

Originally Posted by uzim16

For example, I buy a townhouse in Orlando, live 3 month there per year. As a Canadian without US green card, can I buy a gun in Fl?( for use in FL only, no bring back to Canada)

No you can't. As a foreign national coming here for a couple months a year you are just visiting. You would be here as a tourist and that does not allow you the rights of US Citizens or legal immigrants. In order to purchase a firearm you have to fill out BATF form 4473 and that gets called into the FBI for a background check. Under Federal Law only US Citizens and legal immigrants may purchase firearms. Some states have restrictions for legal immigrants as well.

glens67 · 03-26-2013, 06:43 PM

You guys do know that this post is from 2011???

stumpjumper · 03-26-2013, 09:34 PM

just as fitting today as it was back then. i know quite a few canadians who winter here who want something here for personal defense. glad they are going home; been a long season

bamajoey · 03-27-2013, 04:57 AM

Quote:

Originally Posted by stumpjumper

just as fitting today as it was back then. i know quite a few canadians who winter here who want something here for personal defense. glad they are going home; been a long season

We have a bunch of snow birds here too. They really know how to take advantage of "southern hospitality"

03-12-2011, 02:27 PM	#1
mark_baron V.I.P. Member Join Date: Dec 2006 Location: Tampa Bay Area, Florida Posts: 112	Canadian gun ownership in the USA The question came up recently about a neighbor. He is Canadian who lives 6 months of the year in his condo in Florida. He has a handgun which he keeps for self protection in his condo. I'm not going to go into how he got the gun or how it came to be in Florida. The question is: is it legal for a Canadian citizen to own a handgun in the USA? -->

03-12-2011, 02:50 PM	#2
Zhurh Advanced Senior Member Join Date: Mar 2010 Location: Upper Yukon, Alaska Posts: 1,834	Re: Canadian gun ownership in the USA Ya know what's humorous? I live on the border and have many friends in Canada (locals travel back and forth pretty much unimpeded mainly due to fact the border is so remote and everybody likes it that way), also lots of people here half their relatives are Canadians. So everybody buys & sells guns back and forth without any papers and walk them across the border through the woods ect, never consider going through a tourist border crossing. It should be that way all along our border with Canada too; maybe it is in most places? Canadians all have a license (like a drivers license) to buy new guns in Canada on the spot without any wait. They all can get special permits for pistols their too. The biggest thing Canadians get upset about is how their post offices charge them import duty tax on everything sent from USA, and it is high; and of course also that their beer is double the price as ours due to taxes ha. I always get boxes in the mail for my Canadian friends, then they pick them up when down to visit, ha. I'd do the same, but lucky for us the USA doesn't really worry about import duty taxes and such. Didn't mean to get off track, tell your neighbor he's just living too far South, ha. Sometimes I don't blame the snow birds though, it's around zero near lunch here.

03-12-2011, 03:11 PM	#3
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Canadian gun ownership in the USA http://www.vrolyk.org/guns/alien-laws.html We just had a big hassle here in WA State over that very thing. We (gun owners) won. Pops

03-12-2011, 06:36 PM	#4
zkovach Advanced Senior Member Join Date: Oct 2009 Location: Michigan Posts: 1,005	Re: Canadian gun ownership in the USA Tell your neighbor to become a radical Muslim. He will then be covered by our constitution! __________________ Liberalism: Poverty for ALL!!

03-12-2011, 09:09 PM	#5
Kieran McCaig Advanced Senior Member Join Date: Jul 2009 Location: canada Posts: 1,469	Re: Canadian gun ownership in the USA Canadians all have a license (like a drivers license) to buy new guns in Canada on the spot without any wait. They all can get special permits for pistols their too. .[/QUOTE] It's not as simple as that.As for owning guns in the USA generally Canadians export their firearms to the US.We have to fill out forms with ouy border service and the BATF and then wait.Or buy when in the state after doing CCW. __________________ My 2 cents worth is only.183 with exc hange.

03-13-2011, 10:20 AM	#6
mark_baron V.I.P. Member Join Date: Dec 2006 Location: Tampa Bay Area, Florida Posts: 112	Re: Canadian gun ownership in the USA OK thanks for all the info, but my question still remains so I will state it differently. Lets say he (the Canadian) buys a handgun in Florida privately. No paper work, nothing. I know the transaction was illegal but that ship has sailed and no one is saying anything. The question remains: is it legal for a Canadian citizen to own a handgun in the USA? If the handgun was found by the police (lets say they were investigating a break-in, and the police saw the gun); would he be asked for paperwork and not having any would he be in legal trouble. Thanks in advance.

03-13-2011, 11:09 AM	#7
Kieran McCaig Advanced Senior Member Join Date: Jul 2009 Location: canada Posts: 1,469	Re: Canadian gun ownership in the USA That would better be answer by one of the FLA boys,Up here no paperwork you get yourself in a whole lot of legal trouble. __________________ My 2 cents worth is only.183 with exc hange.

03-13-2011, 11:55 AM	#8
K75RT V.I.P. Member Join Date: Apr 2003 Location: Litchfield County, CT Posts: 309	Re: Canadian gun ownership in the USA This site seems to have a lot on gun ownership by aliens: http://www.vrolyk.org/guns/alien-laws.html __________________ Political language. . . is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.

03-13-2011, 03:22 PM	#9
mark_baron V.I.P. Member Join Date: Dec 2006 Location: Tampa Bay Area, Florida Posts: 112	Re: Canadian gun ownership in the USA Thanks, I checked out that site before: US state and federal gun laws for non-citizens: Federal Issues: In general, non-immigrant aliens are forbidden to possess any firearms or ammunition. But there is a big exception for a legal alien who: ...is in possession of a hunting license or permit lawfully issued in the United States (See Title 18, USC Chapter 44, Section 922, part (y)(2) for details.) Florida: No special restrictions found. I also checked out the referenced Title 18... it seems to mostly cover purchases and transfers. So I guess this Canadian is not allowed to possess any firearm since it is not for hunting (has no hunting license) and no permit lawfully issued in the US. So I suppose the cops would know it was unlawful but would have to go to the State or Federal Attorney to find out what to charge him with.

03-13-2011, 09:04 PM	#10
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Canadian gun ownership in the USA Yes, it appears as if you will have to apply for and obtain the Alien Firearms License. Pops

03-14-2011, 04:07 PM	#12
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Canadian gun ownership in the USA I went back and read my research more carefully. Yes, apparently the Alien Firearms License is unique to Washington State. So, the next best thing might be to get a hunting license. Pops

03-14-2011, 04:17 PM	#13
Kieran McCaig Advanced Senior Member Join Date: Jul 2009 Location: canada Posts: 1,469	Re: Canadian gun ownership in the USA The hunting license only workes when your bring a gun that you own in to the USA from Canada and I believe it only good for 60 days. __________________ My 2 cents worth is only.183 with exc hange.

03-14-2011, 06:05 PM	#14
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Canadian gun ownership in the USA Is that so for Florida? I didn't see any such restriction in my limited scan of the Florida laws. Pops

03-26-2011, 01:53 PM	#15
uzim16 Member Join Date: Jul 2009 Posts: 29	Re: Canadian gun ownership in the USA For example, I buy a townhouse in Orlando, live 3 month there per year. As a Canadian without US green card, can I buy a gun in Fl?( for use in FL only, no bring back to Canada)

03-26-2013, 05:07 AM	#16
larrydickman V.I.P. Member Join Date: Jul 2008 Posts: 53	Re: Canadian gun ownership in the USA I just ran into this situation. I got a call from a guy who wanted to buy a rifle. It was a little 22 lr. I get to the place we met at and he has a Florida DL. He then tells me he is a Canadian National. He shows me 3 pistols he just bought at a a local gun shop in Fort Myers. I am a bit nervous. So I called the local police and the cop shows up I tell him the situation and he says to the guy are you a felon? Nope, OK good to go. I sold the gun to him but it still seams strange. If the buyer showed me a Fla. DL and never said anything it would have been fine. Fla only says that they have to be a resident of Fla. I dont have to check citizen ship.

03-26-2013, 10:29 AM	#19
Zhurh Advanced Senior Member Join Date: Mar 2010 Location: Upper Yukon, Alaska Posts: 1,834	Re: Canadian gun ownership in the USA Most Canadians I know have relatives in the USA, back and forth. Most, but not all are Indians and they don't pay as much attention to any govt law on either side of the border anyway. For that reason I believe, the govt doesn't enforce repressive laws in the same manner they do on us "meek as church mice" Whites; no joke. The Indians stick together no matter what side of the border they call home and govts just can't or don't want all the bother of locking the entire village up. Ya know most Indians see fed govt laws as an infringement on their native rights as a culture, (game laws, border restrictions, fishing rights, land rights on and on). We could learn a little from them backward Indians. Another reason is we have an awful big border with Canada, some places open water, open country, mountainous forest & woods, pretty much impassable. Reality is if people don't voluntarily comply, their entire system of laws & criminal prosecution collapses on itself; govts don't broadcast this fact all that much. Just take a look around if you live near the border, you'll see I'm not giving you some line. Don't mean to get off track, but maybe someday, if the govts enact strict registration, we'll all see how little compliance really occurs and how little it is broadcast over the media. Maybe I just live in a conservative area around people that don't always do as they are told. Might be alot different in Ontario, New York, ect. For a minute, just think about how wild & free our founding fathers really were to stand up against what was shoved down their throats; boy things have really changed.

03-26-2013, 06:43 PM	#21
glens67 Senior Member Join Date: Dec 2010 Location: Middleton, ID Contributor Posts: 956	Re: Canadian gun ownership in the USA You guys do know that this post is from 2011??? __________________ The fish is rotting from the head down—all is not well at the top of the political hierarchy. "The difference between genius and stupidity is that genius has its limits." Albert Einstein There is nothing more dangerous than a fanatic moron. Many problems we face today are there because people who work for a living are now outnumbered by those who vote for a living. Molon Labe μολὼν λαβέ A Deo victoria Glen

03-26-2013, 09:34 PM	#22
stumpjumper Senior Member Join Date: Jun 2012 Location: swflorida Contributor Posts: 660	Re: Canadian gun ownership in the USA just as fitting today as it was back then. i know quite a few canadians who winter here who want something here for personal defense. glad they are going home; been a long season __________________ after three rounds you're just making noise Guns have only two enemies rust and politicians