Aft Form 6nia Draft - Application/permit Temporary Importation Of Firearms And Ammunition By Nonimmigrant Aliens Page 3

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Instruction Sheet For ATF Form 6NIA (5330.3D)
(Please detach this instruction sheet before submitting your application)
General Information
Preparation
1.
A nonimmigrant alien is an alien in the United States in a nonimmigrant
classification. The definition includes, in large part, persons traveling
13. Generally, a nonimmigrant alien transiting the United States with a firearm
temporarily in the United States for business or pleasure, persons studying
does not require an ATF Form 6NIA or a DSP-61 issued by the State
in the United States who maintain a residence abroad, and certain foreign
Department. If you will be in physical possession of your firearm, however,
workers. The definition does not include permanent resident aliens.
you will need to meet one of the exceptions outlined at 18 U.S.C. 922(y).
For example if you are a nonimmigrant alien and you will be driving through
the United States as a short cut to get from one part of Canada to another and
2. Generally, any nonimmigrant alien temporarily bringing firearm(s) or
ammunition into the United States for legitimate hunting or lawful
will have firearms with you, you do not need to file a ATF Form 6NIA
sporting purposes must first obtain an approved ATF F 6NIA (5330.3D),
because you are not temporarily bringing your gun in for hunting or other
Application and Permit for Temporary Importation of Firearms and
lawful sporting purposes. You also do not need a DSP-61 import license
Ammunition by Nonimmigrant Aliens, from the Bureau of Alcohol,
from the State Department because there is an exception to their license
Tobacco, Firearms and Explosives (ATF).
requirement that applies in this situation. However, if you were admitted under
a immigrant visa you do need to have a valid hunting license from a state
within the United States to lawfully possess your firearm while in the United
3. A nonimmigrant alien who is temporarily bringing firearms and
ammunition into the United States for reasons other than legitimate
States.
hunting or lawful sporting purposes should not submit an ATF F 6NIA
(5330.3D) application. However, the nonimmigrant alien may need to
14. Nonimmigrant aliens may complete and submit the ATF F 6NIA (5330.3D)
have a DSP-61, Temporary Import License, from the Department of State,
themselves. You do not need to have a dealer or importer licensed by ATF
Directorate of Defense Trade Controls (DDTC), obtained for them. Please
complete and submit the form.
contact DDTC at 202-663-1282 or for further
15. If a nonimmigrant alien has another person (such as a lawyer or hunting
information.
guide) complete the ATF F 6NIA (5330.3D) for him or her, the person who
4.
An approved ATF F 6NIA (5330.3D) import permit is not required for
completes the form must answer the questions with information about the
temporary imports of firearms and ammunition by certain diplomats,
nonimmigrant alien (e.g., under “Residential address,” the person should put
distinguished foreign visitors, law enforcement officers of friendly foreign
the address of the nonimmigrant alien, not his or her own address.) In
governments entering the United States on official law enforcement
addition, the nonimmigrant alien must sign the certification statement in
question 15.
business, and foreign military officers entering the United States on
official duty. See 27 CFR § 478.115(d)(2)-(5).
16. The application must be prepared in duplicate. The signature required by
5.
An approved ATF F 6NIA (5330.3D) import permit also is not required for
question 15 must be in ink on both copies. Other entries must be printed in
firearm(s) or ammunition brought into the United States or any possession
ink or be typewritten. All required items on the form must be completed or
thereof by a nonimmigrant alien who can establish to the satisfaction of
your application will not be approved. The application should be submitted
to: Bureau of Alcohol, Tobacco, Firearms and Explosives, Firearms and
the U.S. Customs and Border Protection (CBP) that such firearm(s) or
Explosives Imports Branch, 244 Needy Road, Martinsburg, WV 25405. It
ammunition was previously taken out of the United States or any
also may be faxed to 304-616-4554 or emailed to imports@atf.gov.
possession thereof by such person. See 27 CFR § 478.115(a). Note, even
if you do not need an import permit because of this exception, you must
fall within an exception to the general prohibition on nonimmigrant aliens
17. If you are able to receive faxed or emailed documents, we encourage you to
possessing firearms and ammunition. See paragraph 18 below.
provide your fax number (including your country code) in question 4 or your
email address in item 5. We often experience delays with international mail.
If we are able to fax or email you our response it will reduce the possibility of
6.
You may not temporarily import unregistered National Firearms Act (NFA)
delay.
weapons, such as machineguns, short-barreled rifles or shotguns, and
silencers. If you are not sure if the items you plan to import fall within this
category, please contact ATF’s Firearms and Explosives Imports Branch.
18. In general, aliens admitted under a nonimmigrant aliens are prohibited
from possessing or receiving firearms or ammunition in the United States.
7.
Firearms which are of U.S. Government origin or that contain U.S.
There are exceptions to this prohibition, including: (1) a nonimmigrant alien
Government origin manufactured parts or components generally may not
in possession of a valid hunting license or permit issued by a State within the
United States, and (2) a nonimmigrant alien in possession of an invitation
be temporarily imported into the United States. Moreover, firearms and
or registration to attend a competitive target shooting event or sports
ammunition may not be imported from certain proscribed countries. For a
list of proscribed countries, see .
or hunting trade show sponsored by a national, State, or local organization
devoted to the collection, competitive use, or other sporting use of firearms.
8.
You must ensure there are no State or local laws in any State you will be
travelling in or travelling through prohibiting your possession of the
19. Accordingly, aliens admitted under a nonimmigrant visa must attach
firearm(s) or ammunition you are seeking to import.
documentation to your ATF F 6NIA (5330.3D) application that establishes
you fall within exception 1 or 2 of paragraph 18 in order to demonstrate
your possession of the firearm(s) and ammunition in the United States
9.
You will not need an export permit from the Department of Commerce or
the Department of State when leaving the United States with the firearm(s)
will be lawful. In order for your application to be approved, you must provide
or remaining ammunition listed on your ATF F 6NIA (5330.3D) permit.
ATF with a copy of either: (1) a valid, unexpired hunting license or permit
issued by a State within the United States (the hunting license/permit
10. It takes approximately 8 to 10 weeks to process an ATF F 6NIA (5330.3D)
does NOT have to be from the State where you will be importing and/or
using the firearm(s) and ammunition), or (2) an invitation and/or registration
import application.
confirmation to attend a competitive target shooting event or sports or hunting
trade show, sponsored by a national, State, or local organization devoted to
11. If you have any questions or concerns about temporarily importing
firearms or ammunition into the United States, please call ATF’s Firearms
the collection, competitive use, or other sporting use of firearms. If you fax
and Explosives Imports Branch at (304) 616-4550 or email ATF at
or email this documentation to ATF, please make sure the document ATF
Imports@atf.gov.
receives is legible. We suggest you fax or email a legible photocopy of the
document.
12. Additional ATF F 6NIA (5330.3D) are available from the ATF Distribution
20. Most States issue hunting licenses and permits to nonimmigrant aliens, often
Center, 703-870-7526 or 703-870-7528. The forms also can be downloaded
over the telephone or through a website. If you need information about
at
obtaining a State hunting license or permit, we suggest you contact a State
government.
ATF Form 6NIA (5330.3D)
Previous Editions Obsolete
Revised (
)

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