Where Industry and Security Intersect
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The Department of Commerce’s Bureau of Industry and Security receives many questions regarding the license requirements for firearms and related items. BIS has developed the following FAQs to address many of the many questions posed by exporters of such items. While this guidance is intended to assist you in determining your requirements under the Export Administration Regulations (EAR), it does not substitute for reading the actual statutes, regulations, and other documents that apply. These are controlling in the event of any inconsistency with material on the Website.
What types of firearms does the Department of Commerce have jurisdiction over?
What types of firearms does the Department of State have jurisdiction over?
How do I get a license from BIS?
Where do I find the list of ECCNs?
What is the Export Control Classification Number (ECCN) for shotguns and components?
What if the shotgun is under 18 inches in barrel length?
What is the ECCN for mounts for optical sighting devices for firearms?
What is the ECCN for muzzle loading firearms?
What is the ECCN for pellet guns?
What is the ECCN for shotgun shells and components?
What about 12 gauge shotgun blanks and 12 gauge shotgun slugs (loaded)?
What is the ECCN for buckshot shells?
What is the ECCN for riflescopes or hunting scopes?
What Types of Optical Sighting Devices would be under State jurisdiction?
What is the ECCN for replica firearms?
What is the ECCN for stunguns?
What is the ECCN for signal flare discharge arms?
Once I know the ECCN of my item, what is the next step?
How do I submit a license application?
What support documents are required?
Can I apply for an export license if I’m not a U.S. citizen?
If I’m a U.S. citizen taking a shotgun to another country for recreation, do I need a license?
Are Hunting Bows and Knives on the Commerce Control List?
The Department of Commerce’s Bureau of Industry and Security (BIS) has jurisdiction over shotguns with a barrel length of 18 inches or more and related components. BIS also has jurisdiction over muzzle loading rifles and handguns, air guns, replica firearms, shotgun shells and components, and most optical sighting devices for firearms.
Department of State’s Directorate of Defense Trade Controls (DDTC) has jurisdiction over defense articles and services. This includes rifles and handguns and certain optical sighting devices. DDTC also has jurisdiction over shotguns under 18 inches in barrel length.
Contact DDTC at 202-663-2980 or go to www.pmddtc.state.gov.
The first step in determining whether an export license is required is knowing whether the item you are intending to export has a specific Export Control Classification Number (ECCN). The ECCN is an alpha-numeric code, e.g., 0A984, that describes a particular item or type of item, and shows the controls placed on that item.
All ECCNs are listed in the Commerce Control List (CCL) which is in Supplement No. 1 to Part 774 of the Export Administration Regulations (EAR). The CCL is divided into ten broad categories. Category 0 contains ECCNs for shotguns and related items.
ECCN 0A984 controls shotguns with barrels of 18 inches or longer, shotgun barrels 18 inches or longer but not longer than 24 inches, receivers, breech mechanisms, complete trigger mechanisms, and magazines or magazine extension tubes. Other parts of a shotgun not listed under 0A984 or in other ECCN entries are EAR99.
A shotgun under 18 inches in barrel length is under the jurisdiction of the State Department’s Directorate of Defense Trade Controls.
A rifle stock would be under the jurisdiction of the Department of State.
Mounts, bases, rings and rails are EAR99.
Muzzle loading (black powder) firearms with a caliber less than 20 mm that were manufactured later than 1937 and are not reproductions of firearms manufactured earlier than 1890 are controlled under ECCN 0A018.c.
Air guns including pellet guns, BB guns, and air rifles are classified as EAR99.
Shotgun shells and components fall under ECCN 0A986. This includes primers and some types of powders. Shot would also fall under this classification.
These fall under ECCN 0A986.
Buckshot shotgun shells are classified as 0A984.
ECCN 0A987 controls specific sighting devices, their associated optical elements, and adjustment mechanisms. Please see the entry for a detailed description of what is controlled. Sighting devices that are not specified in this ECCN or elsewhere on the Commerce Control List, and are not suject to the jurisdiction of the Department of State, are EAR99.
Those that contain night vision capabilities may be under State jurisdiction. You should first contact the State Department. Any optical sighting device mounted on a rifle is under State Department jurisdiction.
Non-functioning replica firearms, whether a rifle or shotgun, are under the jurisdiction of the Department of Commerce and are classified as EAR99. Functioning replica firearms are classified in the same manner as shotguns and rifles as noted above in terms of State/Commerce jurisdiction and ECCNs, as appropriate.
Discharge type arms such as stunguns, shock batons, immobilization guns, and projectiles are classified under ECCN 0A985.
Arms designed solely for signal, flare, or saluting use are classified as EAR99.
If your item falls under U.S. Department of Commerce jurisdiction and is not listed on the CCL, it is designated as EAR99. EAR99 items generally consist of low-technology consumer goods and do not require a license in many situations. However, if your proposed export of an EAR99 item is to an embargoed country, to an end-user of concern, or in support of a prohibited end-use, you may be required to obtain a license.
Once you have determined that your item is classified under a specific ECCN, you must use the information contained in the “Reason(s) for Control” section of that ECCN in combination with the “Commerce Country Chart” to decide whether a license is required. If there is an “X” in the box for the Reason for Control and destination country, a license is required from BIS, unless a license exception is available. If there is no “X” in the box, a license is not required unless your proposed export is to an embargoed country, to an end-user of concern, or in support of a prohibited end-use, in which case you may be required to obtain a license.
License applications must be submitted through SNAP-R, the on-line license application system. In order to access the SNAP-R system, you must first obtain a Company Identification Number (CIN). Obtaining a CIN is the first step toward completing your license application and must be completed in order to access the actual SNAP-R application. Instructions to complete this process can be found at the following hyperlink: http://www.bis.doc.gov/snap/pinsnapr.htm.
BIS requires an Import Certificate or equivalent official document for ECCNs 0A984, 0A986, or 0A987 for export to Canada, Mexico, and Central and South America per section 748.14 of the EAR. Applicants must request that their importer obtain the Import Certificate or an equivalent official document from the government of the importing country. Otherwise, a Statement by Ultimate Consignee and Purchaser (form BIS 711) is required per section 748.11 of the EAR.
Yes, however any applicant, whether a U.S. citizen or not, must be in the United States at the time a license application is submitted to BIS.
License Exception BAG authorizes a U.S. citizen or a permanent resident alien leaving the U.S. to export or reexport shotguns with a barrel length 18 inches or over and shotgun shells provided that not more than three shotguns may be taken on any one trip, the shotguns and shotgun shells must be with the person’s baggage (may not be mailed) and they must be for the person’s exclusive use for legitimate use. See section 740.14(e) of the EAR for specific requirements in the use of BAG.
Hunting bows and knives are classified as EAR99.
If I’m a U.S. citizen taking a shotgun and shells to Canada for recreation. Do I need a license?
Can I apply for an export license if I’m not a U.S. citizen?
What agency in Canada should I contact for guidance on Canadian import requirements for firearms?
License Exception BAG authorizes a U.S. citizen or a permanent resident alien leaving the U.S. to export or reexport shotguns with a barrel length 18 inches or over and shotgun shells provided no more that three shotguns are taken on any one trip, the shotguns and shotgun shells must be with the person’s baggage (may not be mailed) and they must be for the person’s exclusive legitimate use. See section 740.14(e) of the EAR for specific requirements in the use of BAG.
License Exception BAG allows a nonresident alien leaving the U.S. to export or reexport shotguns and shotgun shells he or she has brought into the United States under the provisions of the Department of Justice Regulations. See section 740.14(e) of the EAR for specific requirements in the use of BAG.
Yes, a license is required to export to Canada shotguns and related firearms purchased in the United States.
Yes, however any applicant, whether a U.S. citizen or not, must be in the United States at the time a license application is submitted to BIS.
Contact the following:
Export and Import Controls Bureau
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario K1A0 G2
ATTN: EICS Help Desk
at 1-877-808-8838
E-Mail: eics.scei@international.gc.ca
http://www.international.gc.ca/controls-controles/about-a_propos/impor/permits-licences.aspx?lang=eng
Please consult with the proper authorities when exporting such items from Canada and importing them into the United States to determine requirements. For example, prior to importing firearms into the United States, you should contact the U.S. Department of Justice’s Bureau of Alcohol, Tobacco and Firearms regarding import permits at http://www.atf.gov/ . You should also contact Canada’s Export and Import Permits Bureau regarding export permits at 613-996-2387 or go to www.international.gc.ca.
Canadian Firearms Centre
284 Wellington Centre, Ottawa, ON
K1A OH8
Phone: 1-800-731-4000
E-Mail: Canadian.firearms@justice.gc.ca
www.cbsa-asfc.gc.ca/publications/pub/bsf5044-eng.html
Posted January 13, 2010