Friday, January 12, 2018

Carrying your handgun in the United States: a guide for Canadians [x-post /r/CanadaGuns]


I've looked into the laws around Canadians carrying firearms in the United States, and it seems it can be done.(I am not a lawyer, this is not legal advice.)CanadaThough no export permit is needed to bring a restricted firearm into the United States, you will still need to apply for an Authorization to Transport to take your restricted firearm across the border and back. In the "purpose" field on the form, it's probably best to say the what and not the why: "to the US border for export and re-import". Don't tell the police you're planning to do something in another country that would be a crime here.United StatesFederalYou will need to apply for a permit for temporary importation of firearms and ammunition. You might be scared by the warning below question 14 if you don't have a US hunting license or invitation to a sporting competition. But fear not! The referenced law, 18 U.S.C. § 922(g)(5)(B), prohibits only aliens admitted under a non-immigrant visa. Because Canadian tourists are admitted without visas, they may possess firearms in the United States.However, they may not acquire firearms [18 U.S.C. § 922(b)(3) and (d)(3)]. This will be relevant later.StateConsult the law of the state you wish to enter and ensure that it does not restrict possession of firearms by aliens or non-residents. For example, Washington only allows Canadians to carry firearms if they have a hunting license, and then only while hunting or in organized sporting competitions.PermittingTwenty-three states issue carry permits to non-residents (excluding states like Tennessee that require you to be employed in the state or something like that). Fifteen require applicants to be US citizens or residents. Delaware and Iowa require a tangible threat to your life. Pennsylvania and Utah require that the applicant be allowed to acquire firearms under federal law, which Canadians can't. But three states have nothing in their law excluding aliens: Nevada, New Hampshire, and Washington. (Maine's laws also do not exclude aliens, but the Department of Public Safety told me by email that they will issue only to U.S. citizens and permanent residents.) In ascending order of difficulty of obtaining them:New HampshireYou need only fill out a simple form and mail it in. The fee is $100 USD.WashingtonYou must apply in person to any sheriff's office in the state. You will be fingerprinted. You will need to explain on the application that you are exempt from the restrictions on aliens carrying firearms under RCW 9.41.175 as I mentioned earlier, which will require you to obtain a hunting license. The fee is $36 plus the cost of a background check.King County's form requires proof of 90 day residency in Washington state, when the law only states that the processing time for a non-resident may take 60 days rather than 30. Choose your sheriff carefully and contact them before you apply. (I'm not about to email every sheriff in the state and become known in Washington law enforcement circles as "that annoying Canadian".)NevadaYou must complete an approved firearms course, and apply in person to any sheriff's office in the state. This will certainly be impractical for a Canadian. The fee is $100 or a little less, depending on the county, plus the cost of training.Though the law does not state that aliens may not obtain a concealed firearm license (NRS 202.3657), the application forms for Clark County and Washoe County require it, and the sheriff of Churchill County has stated bluntly "I will not approve such applications". Again, choose your sheriff carefully and contact them in advance.ReciprocityWith the easily obtained New Hampshire permit, you can carry in 25 states — which are not terribly convenient for most Canadians, as the only reciprocating border states are Idaho, North Dakota, Maine and Vermont.A Washington permit adds Washington and Montana to the list of reciprocating border states, and Texas and Wisconsin to the list of reciprocating non-border states. A Nevada permit adds Minnesota to the former, and Nebraska and New Mexico to the latter. There is no hope for the other border states: Michigan does not honour non-resident permits, and New York honours no permits but its own. Sorry, Ontarians. Thus with these three permits a Canadian could theoretically carry in 35 states.(Of course, this is only what I could find using American reciprocity resources. Consult the laws of any state you wish to enter; their reciprocity may have additional conditions that prevent aliens from carrying.)The United States Senate is currently debating a bill that would override state laws and grant federal reciprocity to concealed carry permit holders. In its current state, carrying Canadians will not benefit from this bill. It requires that you carry a piece of photographic ID issued by the United States or a state, and even if you have a Nevada permit — the only one with a photograph — it applies only to those who are not prohibited from acquiring a firearm.1 Maine and Vermont do not require carry permits. In these states, anyone who may legally possess a firearm may carry it. via /r/CCW http://ift.tt/2Dr0c4S

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