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Thread: Canadian in the United States

  1. #1
    Regular Member wcamike's Avatar
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    Canadian in the United States

    Hello,

    First post here. I am a long time gun enthusiast up here in the "Frozen" North, and had a few questions on foreigners open carrying in the United States.

    First questions am I even allowed to open carry a handgun in states being a foreigner? I've asked this question to many of my US friends who do regularly OC, and CC not being able to get a straight answer out of any of them. So I tried doing a little bit of my own research not being able to turn up any results.

    Second. The states I'm most interested in are Washington, Oregon, Nevada (LV area), and Virginia. I have attempted in the past to obtain my Utah, and Nevada CCW but was told licenses were not issued to foreigners.

    My handguns are all registered with the ATF, and I am familiar with Form 6 from attending shoots in the past.

    Thanks for you time guys/gals!

    -Mike

  2. #2
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    I can't contribute on-topic, but when you say "my handguns are all registered with the ATF", what exactly do you mean? I am just going to go ahead and guess you mean that ATF has a record so they can be brought into the US. But in general, ATF is prohibited from keeping any kind of firearm ownership records on US residents/citizens.

  3. #3
    Regular Member wcamike's Avatar
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    Quote Originally Posted by nonameisgood View Post
    I can't contribute on-topic, but when you say "my handguns are all registered with the ATF", what exactly do you mean? I am just going to go ahead and guess you mean that ATF has a record so they can be brought into the US. But in general, ATF is prohibited from keeping any kind of firearm ownership records on US residents/citizens.
    That's what I meant. I was asked if I wanted my first Form 6 kept on file for future reference. Stupidly said yes.

  4. #4
    Regular Member MilProGuy's Avatar
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    I'm still learning about open carry, myself, so I have no insight to offer in reply to your question,

    but it will be interesting to follow this thread and read the information that will be disseminated.

    Welcome to the forum!

  5. #5
    Regular Member 1245A Defender's Avatar
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    well,,,

    Come visit washington state..
    RCW 9.41.050 says you cant carry a loaded gun in a car,etc without a valid CPL.
    RCW 9.41.270 says you cant wave your loaded gun around and scare people, unless you are going to shoot someone.
    I have greatly paraphrased these two important laws, but its really all you need for starters.
    RCW 9.41.300 tells where you are NOT allowed by law to carry your gun.
    Nowhere in our laws is there a restriction, as long as youre Legally here, and not prohibited from owning the gun.



    P.S. to millproguy,, I see that you follow just about every thread, and post even when you have nothing to add to the discussion.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  6. #6
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    Come visit washington state..
    RCW 9.41.050 says you cant carry a loaded gun in a car,etc without a valid CPL.
    RCW 9.41.270 says you cant wave your loaded gun around and scare people, unless you are going to shoot someone.
    I have greatly paraphrased these two important laws, but its really all you need for starters.
    RCW 9.41.300 tells where you are NOT allowed by law to carry your gun.
    Nowhere in our laws is there a restriction, as long as youre Legally here, and not prohibited from owning the gun.



    P.S. to millproguy,, I see that you follow just about every thread, and post even when you have nothing to add to the discussion.
    And following just about every thread is wrong because?

    Welcoming a newcomer is wrong because?

    Lighten up.

  7. #7
    Regular Member 1245A Defender's Avatar
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    And!!!

    Quote Originally Posted by MilProGuy View Post
    And following just about every thread is wrong because?

    Welcoming a newcomer is wrong because?

    Lighten up.
    Besides being the unofficial welcome poster, You have shilled or spammed the boards for Taurus hand guns, and that is getting old.
    Ive studied your disturbance to the mississippi forum!
    Did you know their is NO open carry law?,, Anywhere???
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  8. #8
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    Besides being the unofficial welcome poster, You have shilled or spammed the boards for Taurus hand guns, and that is getting old.
    Ive studied your disturbance to the mississippi forum!
    Did you know their is NO open carry law?,, Anywhere???
    Is is against forum policy to welcome newcomers?

    Yes, I know there is no open carry law.

  9. #9
    Regular Member NavyMike's Avatar
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    I'll answer for Washington State and for the Federal Level.

    Quote Originally Posted by wcamike View Post
    Hello,

    First post here. I am a long time gun enthusiast up here in the "Frozen" North, and had a few questions on foreigners open carrying in the United States.

    First questions am I even allowed to open carry a handgun in states being a foreigner? I've asked this question to many of my US friends who do regularly OC, and CC not being able to get a straight answer out of any of them. So I tried doing a little bit of my own research not being able to turn up any results.

    Second. The states I'm most interested in are Washington, Oregon, Nevada (LV area), and Virginia. I have attempted in the past to obtain my Utah, and Nevada CCW but was told licenses were not issued to foreigners.

    My handguns are all registered with the ATF, and I am familiar with Form 6 from attending shoots in the past.

    Thanks for you time guys/gals!

    -Mike

    For the purposes of answering your question, I'll assume that you are a Canadian, living in Canada, who would be visiting Washington State on vacation and not taking up residency.

    If that is the case, then the short answer is that: No, you cannot ordinarily possess a firearm while you are in Washington.

    There is an exception for carrying during specific activities, such as hunting, competing etc. That exception would not be extended beyond the activity, for example carrying while visiting the outlet mall on the way home.


    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.175

    Alien possession of firearms — Possession without license — Conditions.



    (1) A nonimmigrant alien, who is not a resident of Washington or a citizen of Canada, may carry or possess any firearm without having first obtained an alien firearm license if the nonimmigrant alien possesses:

    (a) A valid passport and visa showing he or she is in the country legally;

    (b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and

    (c)(i) A valid hunting license issued by a state or territory of the United States; or

    (ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.

    (2) A citizen of Canada may carry or possess any firearm so long as he or she possesses:

    (a) Valid documentation as required for entry into the United States;

    (b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and

    (c)(i) A valid hunting license issued by a state or territory of the United States; or

    (ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.

    (3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.



    At the Federal level, you need to apply in advance to import your firearm.

    See here:

    http://www.atf.gov/firearms/guides/i...importers.html

    Non-Immigrant Alien

    A foreign national temporarily in the U.S. A non-immigrant alien may obtain an approved ATF F 5330.3D (Form 6 NIA) to temporarily import firearms and ammunition (other than firearms subject to the controls of the National Firearms Act (NFA) for lawful hunting activities, to attend a qualified shooting event, or for exhibition at a qualified trade show. The event or trade show must be sponsored by a national, State or local firearms organization devoted to the collection, competitive use, or other sporting use of firearms. The non-immigrant alien must attach to his or her Form 6 (NIA) permit application, as appropriate, a copy of a valid hunting license or permit issued to him or her by a jurisdiction within the U.S., a copy of his or her invitation to participate in a qualified hunting or shooting event, or a copy of his or her reservation for exhibiting at a qualified trade show. An approved Form 6 (NIA) will be valid for a period not to exceed 12 months, and may be used for multiple, temporarily importations of any or all of the items listed on the approved Form 6 (NIA) during that 12-month period. If the Form 6 (NIA) permit application approved by ATF was supported by attaching a copy of a qualified hunting license or permit, the non-immigrant alien will need to present both the approved Form 6 (NIA) and a valid, qualified hunting license or permit to U.S. Customs and Border Protection (CBP) officials at the time of each entry into the U.S. If the Form 6 (NIA) permit application was supported by attaching copies of more than one invitation or reservation to participate in qualified shooting competitions or exhibit at qualified trade shows, the non-immigrant alien may present the approved Form 6 (NIA) to CBP officials for multiple entries into the U.S., the number of which will be limited to the number of such documents attached to his or her approved import permit. 18 U.S.C. 922(g)(5).They will ask you at the border, if you are in possession of any firearms. You would need to show your Form 6 (NIA) etc.

    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

  10. #10
    Regular Member hermannr's Avatar
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    Quote Originally Posted by wcamike View Post
    Hello,

    First post here. I am a long time gun enthusiast up here in the "Frozen" North, and had a few questions on foreigners open carrying in the United States.

    First questions am I even allowed to open carry a handgun in states being a foreigner? I've asked this question to many of my US friends who do regularly OC, and CC not being able to get a straight answer out of any of them. So I tried doing a little bit of my own research not being able to turn up any results.

    Second. The states I'm most interested in are Washington, Oregon, Nevada (LV area), and Virginia. I have attempted in the past to obtain my Utah, and Nevada CCW but was told licenses were not issued to foreigners.

    My handguns are all registered with the ATF, and I am familiar with Form 6 from attending shoots in the past.

    Thanks for you time guys/gals!

    -Mike
    Hej Mike!

    What has been given you sofar is not the whole story, I am also Canadian, but I am a perminent resident and now have my citizenship, so I know both sides of the coin.

    The answer is in RCW (revised Code of Washington) 9.41.171, rcw 9.41.173, and RCW 9.41.175. And the answer is, yes, no and maybe.

    Yes you can carry per RCW 9.41.175 on you passport or if you are a Canadian, if the guns you have are in your posession in the US legally, and you have a hunting license...but you need to read the whole section to get the rest of the story.

    You can also apply (60 day max time to approve, and it is "must issue") for a resident, non-immigrent pistol license, RCW 9.41.173. Again read the whole section. If you are a non-immigrent, you are also, by definition not a perminent resident. This license is like the Canadian PAL, but it also allows you to carry. (Which a PAL does not)

    MY BIL can carry any of his (or my) pistols down here (if I loan him one) when he is visiting. He is Canadian. The caviat is, he also needs a hunting license, or a pistol permit, if we are out and about. On my own property we can do what we want. BTW: WA treats Canadians differently than other foreigners.

    If you can, Fish and Wildlife has a nice pamphlet out that gives a rundown on all the firearms rules, not just concealed pistols. It is online, but I don't have the link right now....You can apply for the non-immigrent pistol permit at any Sheriffs office.

  11. #11
    Regular Member SouthernBoy's Avatar
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    Virginia is safe for OC and you don't need a concealed carry permit to carry a loaded handgun in your car concealed within a console or glove box. Open carry here is the normal, or default, mode of carrying a defensive handgun whereas concealing it is the exception and requires permission from our employees.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

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  12. #12
    Regular Member wcamike's Avatar
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    WOW! Thank you very much guys, very helpful! Going to apply for my Washington hunting license tomorrow. I'm going to be in Vegas for a week in November so trying to get the research done for that (No CCW issued for foreigners), but as far as I know at this point OC is ok.

    -Mike

  13. #13
    Regular Member hermannr's Avatar
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    Quote Originally Posted by wcamike View Post
    WOW! Thank you very much guys, very helpful! Going to apply for my Washington hunting license tomorrow. I'm going to be in Vegas for a week in November so trying to get the research done for that (No CCW issued for foreigners), but as far as I know at this point OC is ok.

    -Mike
    Remember to read the WHOLE law, not just the part about foreigners and Canadians. Then pay particular attention to 171, 173, and 175.

    Also, remember, what is legal in WA is not necessarily legal in any other state. Also, what is not prohibited, is allowed, so do not look for something saying that you may specifically do something. You may find something that says some action is specifically lawful, but that is the exception, not the norm.

    Oh, also, One thing you MUST be careful of...You MAY NOT!!!! possess a loaded long gun in your vehicle, unless you are disabled and have a special disabled hunting license. You can have a loaded pistol in your car (with a permit) for SD, but never a Rifle or Shotgun...that is F&W law, not RCW 9.41 law. That is why I suggested finding that firearms bulletin put out by F&W.

    I found it: http://wdfw.wa.gov/publications/00511/wdfw00511.pdf

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