ATF Interpretation Puts Canadian Gun Owners 'Through Hoops'

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ATF Interpretation Puts Canadian Gun Owners 'Through Hoops'By Jeff JohnsonCNSNews.com Congressional Bureau ChiefFebruary 25, 2002Capitol Hill (CNSNews.com) - In response to the terrorist attacks of Sept. 11, the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF) is changing its interpretation of a 1999 law meant to exclude non-immigrant aliens from importing firearms into the United States. As a result, law-abiding Canadian gun owners are paying the price.Previously, Canadian nationals needed only show their hunting license, gun permit, or event program to transport a rifle or shotgun into the U.S. for hunting, competitions, or shows. Now they must complete ATF Form 6, the "Application for Importation of Firearms, Ammunition, and Implements of War," for each planned entry into the U.S. with a firearm or ammunition. There is no fee for submission of the form.With the following exceptions, non-immigrant aliens are prohibited from importing firearms or ammunition into the U.S.:- Non-immigrant aliens who possess a valid hunting license or permit lawfully issued by a State in the United States;- Non-immigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the competitive use or other sporting use of firearms;- Certain diplomats;- Officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;- Foreign law enforcement officers of friendly foreign governments [non-terrorist sponsoring states] entering the United States on official law enforcement business; and - Persons who have received a waiver from the prohibition from the U.S. Attorney General.The new procedure is creating a nightmare situation for law-abiding Canadian gun owners who are members of U.S. gun clubs."We normally have between 15 and 30 Canadians come down and visit our club every week," said Joe Potosky, volunteer membership secretary of the Plattsburgh Rod and Gun Club (PRGC) 20 minutes from the Canadian border in northeastern New York. "As of today, since nobody has their approved Form 6, we won't be having any shooters down this weekend." He describes PRGC as a small club, with only about 250 members, approximately one-third of whom are Canadian. Each member pays a $20 annual membership fee.The new process is very different from what Potosky goes through when he travels to Canada to compete in skeet shooting events."You arrive at Canadian customs and declare that you have a shotgun and ammunition. You go inside, it's a 15-minute process, and you have to pay approximately $30 to $35 American. They issue you a permit number that's good for one year," he explained. "And the Canadian Customs agents can approve it right on the spot."Potosky questions why U.S. authorities can't streamline their process in a similar manner."Why can't U.S. Customs, right at the border, approve the permit process with supporting documentation, such as a shoot program or a hunting license?" he asked. "Why does everything have to go to Washington, D.C.?"It's ironic, Potosky says, to note the bureaucracy that law-abiding Canadian gun owners must face, while criminal aliens simply ignore the laws and transport firearms into the U.S. freely."We're all basically honest people, and we're all jumping through hoops trying to meet these new laws," he said. "It's very frustrating."Potosky points out that the ATF is allowing non-immigrant alien gun owners to fax their forms rather than mailing them."Because the regulations regarding nonimmigrant aliens became effective 2/19/02, temporarily, nonimmigrant aliens will be permitted to FAX their Form 6 import application to [the] Firearms and Explosives Import Branch," according to the ATF website. "The faxed ATF Form 6 cannot be approved unless the other required documentation, e.g., hunting license, is also faxed with the Form 6 to the Imports Branch," it adds. The site warns, however, that the form will have to be submitted via mail in the future."They understand that there are people going to shoots either this weekend or next weekend," Potosky said. "And then they're advertising that it takes eight to 12 weeks for a form to be processed. So they're meeting us halfway; going as far as they can."There is one thing about the process that does concern him, however."That form says it's good for one year, but it's not," Potosky warned. A "Frequently Asked Questions" page on the ATF website confirms the warning. "Q. Why is the submission of a Form 6 for every importation now necessary," the site asks, "when the system seemed to work well enough under the old system?"A. After the events of September 11th, it was determined that national security and public safety required ATF to know when nonimmigrant aliens are bringing firearms andammunition into the country and the numbers and types of firearms they are bringing in," the ATF responds. "Moreover, because nonimmigrant aliens generally cannot possess firearms and ammunition in the United States, the permit process is necessary to ensure any nonimmigrant alien bringing firearms or ammunition into the country falls within an exception to the prohibition," the ATF concluded. Potosky says he's not certain the ATF understands the furor it has caused."I don't think they realized how many people came into the United States informally every weekend," he said. "You go from Maine to Washington [State], and you're talking about thousands of people every weekend for sporting clays or trap shooting crossing the border."Although he calls the paperwork requirements "kind of ridiculous," Potosky says the Canadians he's spoken with have described their interactions with the ATF as positive."I personally talked to the ATF in Washington and they were very helpful and very friendly," he said. "The agents are just doing what they've been told to do." http://www.cnsnews.com/ViewPolitics.asp?Page=\Politics\archive\200202\POL20020225a.html