Canadian gun ownership in the USA

Discussion in 'The Constitutional & RKBA Forum' started by mark_baron, Mar 12, 2011.

  1. mark_baron

    mark_baron New Member

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    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?
  2. Zhurh

    Zhurh Active Member

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    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.
  3. armedandsafe

    armedandsafe Guest

  4. zkovach

    zkovach Active Member

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

    Kieran McCaig New Member

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    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.
  6. mark_baron

    mark_baron New Member

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    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.
  7. Kieran McCaig

    Kieran McCaig New Member

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    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.
  8. K75RT

    K75RT New Member

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  9. mark_baron

    mark_baron New Member

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    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.
  10. armedandsafe

    armedandsafe Guest

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

    Pops
  11. mark_baron

    mark_baron New Member

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    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."
    Last edited: Mar 14, 2011
  12. armedandsafe

    armedandsafe Guest

    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
  13. Kieran McCaig

    Kieran McCaig New Member

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    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.
  14. armedandsafe

    armedandsafe Guest

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

    Pops
  15. uzim16

    uzim16 New Member

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    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)
  16. larrydickman

    larrydickman Member

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    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.
  17. 1952Sniper

    1952Sniper New Member

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    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
  18. WHSmithIV

    WHSmithIV Well-Known Member

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    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.
  19. Zhurh

    Zhurh Active Member

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    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.
  20. WHSmithIV

    WHSmithIV Well-Known Member

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    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.
    Last edited: Mar 26, 2013
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