Export Rule Change
Rule Change May Devastate International Travel for Hunters and Shooters
The recent implementation of a change in State Department firearms export rules may have a dramatic impact on the ability of American hunters and sport shooters to temporarily bring firearms with them on trips outside U.S. borders.
Exporting firearms and ammunition from the U.S. normally requires a license—from the State Department for rifles, handguns, and rifle or handgun ammunition, and from the Commerce Department for shotguns and shotshells. But for many years, the State Department’s International Trafficking in Arms Regulations (ITAR) have allowed Americans to temporarily export up to three non-automatic firearms and up to 1,000 rounds of ammunition without a permit, as long as the firearms were declared and presented to a Customs officer. This was done by bringing the firearms to a Customs office at some point before the trip and completing Customs Form 4457—a form that can be completed for any personal property and that is normally used to prove that the traveler owned the property before going abroad, thus protecting the traveler from paying import duties on items already owned. The traveler would retain the form and present it upon reentry if needed.
But a 2012 State Department rule changeadded an important new requirement that the traveler declare rifles or handguns “upon each departure” by presenting documentation generated through the Commerce Department’s “Automated Export System” (AES)—an online reporting tool designed for use by businesses. (Non-“combat” shotguns are not regulated by the State Department, so the AES requirement does not apply to temporary shotgun exports.) The rule change was buried in a Federal Register notice aimed at authorizing the temporary export of gas masks by government employees and contractors.
Fortunately, the change was never enforced—until now. In postings on the Immigration and Customs Enforcement (ICE) website and in internal ICE documents obtained by NRA-ILA, ICE makes clear that it has begun enforcing the rule change.Form 4457 may no longer be used for firearms, and electronic declarations will be the norm.
However, ICE’s internal documents implicitly acknowledge that individuals are currently unable to use the AES because the system requires entry of an Employer Identification Number. Those numbers are normally only obtained by businesses, and the Internal Revenue Service says they should only be used for tax purposes.
Fortunately for travelers who are unaware of these requirements or unable to use the AES, CBP for the moment has implemented a stopgap plan under which Customs officers at airports can manually enter identifying information about the traveler and the firearm. While this may prevent travel plans from being ruined, it also raises questions about how long the information will be kept and how it might be used. It is unclear how long this alternative will be available. It is also unclear how the new rules may be enforced in non-airport situations—for example, hunterswho drive to Canada for the upcoming spring bear season.
The NRA is working on an emergency rule change to solve these problems, along with other groups representing hunters and sport shooters. If necessary, the NRA will also pursue shorter-term administrative changes to prevent immediate headaches, and will also consider the potential need for a long-term solution through federal legislation.