Can an AR15, AR10, M14 (m1a) etc be legally IMPORTED into the United States?

[Martin248]

As you may know the Canadian government has just banned a large number of semi automatic rifles, including the AR15, AR10, mini 14, M14 pattern rifles, and a number of others.

Canadian gun owners who have these rifles now have two years to decide what to do: refuse to comply with the law, turn the guns over to the police for destruction, or export them.

So this brings the question of whether Canadian owners of these guns could sell them to Americans through an FFL. Assuming the Canadian requirements for export are met, what are the US requirements for import?

I saw that ATF only allows the import of firearms with a valid "sporting" purpose, and that they have some kind of a test.

Can an AR15 ever pass this test? Can a fully configured rifle? Can a stripped lower? What about an M14 pattern rifle or a mini 14? Such rifles typically lack the pistol grip of an AR15 but do still have detachable magazines.

If the rifle itself cannot, what parts can? Can the barrels be imported?

I want to understand what is legally possible. Once we know what is possible then finding an FFL who would be willing to do it will be something each individual gun owner or purchaser should work out on their own, but first, what can be done?

This is a truly horrible situation. I am a Canadian expat now living in the US, but many of my friends in Canada have been impacted. As you would expect they have guns they have not only invested their money in, but their time as well. It's sad, and I expect quite a few plan to refuse to comply with the law.

But for those who want to try and recover at least some of their investment in their guns, is the USA possible market for them, or not?

 

[General Geoff]

Clinton signed an executive order on April 6th, 1998, explicitly banning the importation of a number of so-called assault weapons, including M14-pattern rifles. I can't seem to find the exact EO # or text of the order to verify which other rifles are prohibited from importation under this order.

edit; curiously, no such EO can be found on the federal register, despite many official news reports and other websites and studies citing this nebulous executive order as banning 58 types of firearms from importation. Strange.

 

[12Bravo20]

I hate to see our northern neighbors lose their rights. I know that quite a few of the M14 rifles in Canada are Chinese Norinco's so I doubt that we will ever see them imported here. They have a number of guns from different manufacturers that we can't get here due to import laws and trade bans. No Norinco firearms or even the Lithgow rifles since their stocks came from Vietnam. It would be nice if an importer or three could bring them into the US.

 

[Martin248]

Thanks. What about a US made AR15?

 

[boom boom]

Clinton signed an executive order on April 6th, 1998, explicitly banning the importation of a number of so-called assault weapons, including M14-pattern rifles. I can't seem to find the exact EO # or text of the order to verify which other rifles are prohibited from importation under this order.

edit; curiously, no such EO can be found on the federal register, despite many official news reports and other websites and studies citing this nebulous executive order as banning 58 types of firearms from importation. Strange.

There is often confusion between executive orders, executive agreements, proclamations, and executive memos which are where the president directs the attention of the agency to a situation (Trump and bumpstocks), agency rule-making, and agency policies.

Bush I, during the beginnings of the crack epidemic, began the importation ban by having the BATF make rules under the GCA's sporting purpose. https://www.washingtonpost.com/arch...-rifles/4cca6d11-9ce2-44fe-9009-bdf29a7772e4/ and I believe Clinton extended it in 1998 from this ATF note on importation of firearms,

"Remember: the barrel and overall length are not the only criteria used to determine the import status of the firearms. To meet the sporting criteria and qualify for importation under the law at section 925(d)(3): (1) rifles must meet requirements outlined in the 1989 and 1998 import studies; "

Here is a discussion of this--
https://www.ficarettalegal.com/the-sporting-purposes-test-for-imported-firearms/

"Since 1968 the GCA has included import criteria for firearms codified in 18 U.S.C. § 925(d)(3). This provision requires, in pertinent part, the Attorney General authorize a firearm to be imported if the firearm is of a type that is not regulated under the National Firearms Act (e.g., machine gun, short barrel rifle, short barrel shotgun, silencer, destructive device, or other concealable weapon); is not a surplus military firearm; and is generally recognized as particularly suitable for or readily adaptable to sporting purposes."

From the article, the 1989 and 1998 firearm studies by the ATF were the agency's attempt to interpret what "sporting purpose" language means for enforcement of import restrictions under the Gun Control Act of 1968. I believe that they used these a basis for an interpretative rule about what the GCA should consider a sporting arm and what it should not. The Sec. of Treasury in 1989 was given that authority in the following case, Gun South v. Brady, 877 F.2d 858 (11th Cir. 1989) I don't have time to look at present for the 98 study and court cases https://openjurist.org/877/f2d/858/gun-south-inc-v-brady-e

 

[MedWheeler]

From the ATF Guidebook:

>>>Import Requirements for Firearms & Ammunition It shall be unlawful for any person other than an FFL, knowingly to import, or bring into the United States, any firearms or ammunition. 18 U.S.C. § 922(a)(1). However, as provided in 18 U.S.C. § 925, the GCA generally allows the importation of sporting firearms and ammunition and certain surplus military firearms classified as curios or relics. Sporting Firearms and Ammunition To qualify for importation under 18 U.S.C. § 925(d)(3), a firearm or ammunition must not fall under the definition of firearm as defined in 26 U.S.C. § 5845(b), and must be of a type generally recognized as particularly suitable for or readily adaptable to sporting purposes. • Handguns – Pistols & revolvers must meet size & safety requirements and accrue a qualifying point value specified on ATF Form 4590, Factoring Criteria for Weapons. • Rifles and Shotguns –Firearms such as single shot, lever action, bolt action and certain semiautomatic long guns with generally recognized sporting features. NOTE: ATF has determined that certain features designed for military application are indicative of non-sporting rifles and shotguns. Features which are not recognized as sporting include, but are not limited to, folding or telescoping stocks, pistol grips that protrude conspicuously beneath the action of the weapon, a bayonet or bayonet mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor, a grenade launcher and night sights. These features as well as other information concerning a particular firearm may result in ATF classifying a rifle or shotgun as nonsporting.<<<

There is quite a bit more reading to be done here:

https://www.atf.gov/firearms/docs/g...rearms-ammunition-and-implements-war/download

 

[Martin248]

Ok. So it looks like in general an ordinarily configured AR15 fails several tests, such as having a pistol grip, a collapsible stock, and so on.

But what about a stripped lower receiver?

It can still take a detachable magazine. If it can be considered a semi auto version of a machine gun though even a stripped lower cannot be imported.

UNLESS it is not considered a semi auto because it doesn't have the upper.

So maybe these rifles can be broken down and imported as parts?

The other one in not sure about is the barrel. Aren't there specific rules for barrels?

 

[MosinT53Hunter]

The web site Every Gun Part will undoubtedly will get a large potion of these if they are to be destroyed.

 

[boom boom]

Ok. So it looks like in general an ordinarily configured AR15 fails several tests, such as having a pistol grip, a collapsible stock, and so on.

But what about a stripped lower receiver?

It can still take a detachable magazine. If it can be considered a semi auto version of a machine gun though even a stripped lower cannot be imported.

UNLESS it is not considered a semi auto because it doesn't have the upper.

So maybe these rifles can be broken down and imported as parts?

The other one in not sure about is the barrel. Aren't there specific rules for barrels?

You also run into issues involving the Small Arms Treaty--in essence, dreaming of a Canadian treasure trove of modern military rifles would be an issue for large importers such as Century Arms etc. and the legal costs of an individual doing so would be substantial. Canada may also choose to destroy these in compliance with whatever they interpret the Small Arms Treaty as meaning for Canada. "The Arms Trade Treaty obligates member states to monitor arms exports and ensure that weapons don't cross existing arms embargoes or end up being used for human-rights abuses, including terrorism. Member states, with the assistance of the U.N., will put into place enforceable, standardized arms import and export regulations (much like those that already exist in the U.S.) and be expected to track the destination of exports to ensure they don't end up in the wrong hands."https://infogalactic.com/info/Arms_Trade_Treaty

Here is Canada's compliance package on export regulations involving the Small Arms Treaty, https://www.international.gc.ca/tra...le_exportations/overview-apercu.aspx?lang=eng

 

[dogtown tom]

OP, you are asking the wrong crowd. As advised on AR15, you and other Canadians need to speak with someone licensed as an 08FFL Importer by ATF.
Posting your question on gun forums hoping someone can give you factual information on what is/is not legal to import is a waste of time.
A licensed importer can tell you in two minutes.
Google "U.S. firearms importers" and you'll find quite a few companies and individuals licensed to import.

As I wrote on AR15.........it ain't going to be cheap.
Here a estimated cost breakdown from an importer in Houston:
https://txmgo.com/index.php/retail-services/firearms-importing

Required Fees:
1-3 Guns Base Fee $399
3-10 Additional Guns $30/ea
10+ Volume Import Contact Us
ATF Required Engraving * $65/ea
CBP Tariffs ** Varies between ~3% to 5% of Declared Value
ATF Excise Tax *** Varies between 10%-11% of Declared Value
Miscellaneous Fees **** Usually $50-$100 (N/A if we Arrange Shipping)

Optional Services:
Shipping to US from abroad
Forwarding to US FFL
Payment of ATF Excise Tax for Customer***
Payment of Foreign Export Fees $150+ Actual Cost if We Arrange
$35 for First Firearm, $20/ea Additional (if not picked up from TXMGO's facility)
$50+ Actual Cost
$50+ Actual Cost if We Pay
Airport Pickup Fee (if required) $100 (N/A if we Arrange Shipping)
*Federal Law states that all Importers must engrave their name, city & state each firearm they import into the United States. Firearms will be laser engraved as inconspicuously as possible with "TXMGO" and "Houston, TX" below.

** General range of tariffs.
*** All foreign manufactured firearms are subject to a 10% Federal Excise Tax (FET) on handguns and 11% on long guns. . Since TXMGO is not selling these items and only acting as importer of record, the person receiving the guns in the U.S. can decide not to pay FET to TXMGO. However, TXMGO will require a signed statement from the person receiving the guns that they are aware that they are personally liable for FET payment fee directly to ATF.
**** Various fees are assesseted by CBP for importing items into the US, these include the Merchandise Processing Fee (MPF), of 0.3464%, with a minimum of $25 and a maximum of $485; if mailed or brought in by air. If brought in by sea, a Harbor Maintenance Fee (HMF) of .125 percent is collected. Additionally many airlines, and ports assess a processing fee, storage fee, or other charge. Any extra storage fees incurred due to TXMGO's oversight or mistake, will not be charged to the customer. However any storage fees arising from circumstances beyond our control, such as Customs not releasing an item, will be billed to the customer.

Sooo.............expecting to get $500 for a Colt AR? Not.Going.To. Happen.

Lets say you have four Colt AR's with a declared value of $700 (fudging value to avoid tariffs is a felony and can get your item seized or penalties added):
$329 fees charged by importer for four guns.
$260 in engraving fees
4% tariff on those four AR's is $728
So that's $1,317 in those fees alone.........and you are barely started.

I would guestimate a minimum of $400 per gun to get it in the US......and not including the cost of the gun itself.

I wish I were wrong.

 

[Frank Ettin]

Post 10 pretty much covers it.