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IN MEMORIUM:
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David A. Tomlinson, founder and president of the Canada
National Firearms Association, passed
away the evening of September 18, 2007 after a short illness.
Dave helped proofread, correct, and provided invaluable additional information for this web page. I never met him in person, but his generosity, humor, and wit in numerous emails that we exchanged left a deep impression on me. |
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In 1995, the Canadian government passed Bill C-68, also known as the Firearms Act, a strict gun-control law which came into effect in stages. This web page describes the effect of this law, as of January 2006, for Americans who travel to Canada (or through Canada to Alaska) with firearms.
This is an unofficial web page. I am an American living in Washington State who frequently visits Canada with firearms, and who frequently transports firearms to/from Alaska via Canada. This web page is based upon my experience with Canadian gun law and the practicalities of dealing with it. I am providing this information in the hope that it may save other people a good deal of time and frustration.
I use American spelling throughout, to avoid inconsistent usage of both American and Canadian spelling. I am not trained in Canadian spelling. Among other things, Canadian sources will spell "license" as "licence", "authorization" as "authorisation" (or sometimes "authorization"!), etc.
I welcome suggestions and factual corrections to anything that appears on this web page. The information on this web page has been reviewed and fact-checked; however, as with any "work in progress" it can always be improved.
For the most part, I have tried to be non-judgemental in this web page. My purpose is to give practical advice, not to engage in political advocacy on the laws of a foreign country.
However, there are important lessons to be learned which apply to us in the USA: what has happened to our northern cousins must never be allowed to happen here. It is also important to recognize that there are elements in Canada's government (and in other countries) which are attempting to interfere with US domestic gun rights. More on that below.
Thus, there will be a short introduction detailing the background and some of the lessons. This Introduction is strictly an American point of view, with conclusions applicable to the US and to the American concept of what constitutes "rights" and "freedoms". Canadians need to draw their own conclusions, without influence from foreigners, in accordance with their society's very different concepts of "rights" and "freedoms".
Consequently, Canadian nationals reading this web page are requested to skip past most of the Introduction to the part entitled IT COULD BE WORSE.
As noted in the preface, the Firearms Act was passed in 1995 and came into effect in stages. These stages are still in progress. Canadian laws, regulations, and procedures can be extremely confusing at times. Frequently, the Canadian government asks its bureaucracy to do the impossible.
The Firearms Act is an example. It expects the bureaucracy to perform extensive background checks of every Canadian gun owner and detailed examination of every Canadian firearm, sufficient to uniquely describe that firearm, without giving them adequate tools or resources to do so.
IT HASN'T WORKED OUT THE WAY THEY INTENDED...
The implementation of the Firearms Act has proven to be far more expensive than originally promised to the Canadian electorate. Originally forecast to cost C$2 million, the costs for firearms registry alone has run to nearly C$3 billion (about US $2.5 billion).
The Canadian Auditor General's office did an investigation in December 2003, and eventually reported that it could not do an audit because the books and accounts were in such a mess.
They did figure out how much the registry computer system, originally budgeted for C$1 million (or half of the original C$2 million), cost. This was contracted out to EDS Canada. 30 contract amendments later, EDS has now received C$410 million, and two additional firms (CGI Group and BDP Business Data Services) were put on board at an additional cost of C$315 million for a total of $725 million.
But, then the Auditor General hit a brick wall. The Department of Justice literally did not know what it had done with hundreds of millions of dollars, or even how many hundreds of millions of dollars it had spent. At that point, the Auditor General estimated that the government had spent C$1 billion on the registry. It now turns out that that actual figure is nearly three times as much.
The registry has brought in about C$140 million of registration fees, meaning that the Canadian taxpayer has had to foot the remaining C$2.86 billion.
The entire Firearms Act gun control program has cost much more; this is just the registry.
When word of the true nature of the cost of the Firearms Act got out, the ensuing hue and cry resulted in major funding cuts to implement the Firearms Act.
More recently, the ruling Liberal party had to withdraw a request to parliament for more money to administer the Firearms Act, since it appeared likely that a vote on that request would cause the government to fall.
It is rumored, although I have not confirmed it, that all Canadian breast cancer funding was sidetracked and thrown into the ravenous mouth of Firearms Act implementation on the grounds that gun control was a "women's health issue."
However, there are no changes to the mandate, even without any money to make it happen.
It gets worse.
According to a report issued by the Royal Canadian Mounted Police in July 2005, the Canadian government does not know how many crime guns were seized in Canada, nor the origin of those guns. Specifically, the RCMP "cannot know if [seized crime guns] were traceable or where they might have been traced."
The First Nations peoples of Canada (the aboriginal groups known to Americans as "Indians" and "Eskimos") have three constitutional challenges against the Firearms Act before the courts, and the Inuit people ("Eskimos") have obtained a court injunction putting a stop to gun registration for them.
Federal, provincial, and municipal police forces across Canada were supposed to register all their firearms no later than September 1, 2005 (the original deadline for registration of all firearms was January 1, 2003), but this deadline has once again slipped into 2006.
Thus, the only people who really feel the effect of the Firearms Act are non-Canadians visiting Canada with firearms for hunting, competition, or transport to Alaska. This is because Canadian Customs will require either a Non-Resident Firearms Declaration or a registration certificate for all firearms being brought into Canada.
Indeed, rural Canada (which depends quite a bit on funds brought in by visiting American hunters) has been hurting badly ever since the Firearms Act came into effect. Eco-tourists have not taken up the slack (no surprise). There are some great travel bargains to be found in Canada these days.
Most of the provincial governments have opted out of the Firearms Act, leaving all administration and enforcement of licensing to the federal government. Many have also called for the firearms registry to be suspended.
Some provinces have gone as far as announcing that they will not prosecute Firearms Act violations. [However, you should not trust this to be the case, as they frequently do prosecute violators under the Criminal Code. Apparently Canadian politicians say one thing and do something else just like US politicians...]
Here's the current score card, as best as I've been able to determine, on Firearms Act status in the provinces and territories of Canada:
Note that, just as in the US, most of the support for gun control is in the east.
Positive impacts from the Firearms Act have proven elusive. In 2003 (the most recent year for which I have figures), Canada's reported violent crime rate was a whopping 963 per 100,000, a rate of about twice the US rate (475 per 100,000).
Here are the Canadian government's own statistics about the firearms licensing and registration program as of March 2007. They show that many Canadian gun owners still have not obtained licenses and/or have not registered their firearms.
More importantly, they show the minimal benefit of the Firearms Act: of the 19,600 license refusals/revocations a large but unspecified number were for "unsafe storage" (a nebulous offense; more on that below). Similarly, there is nothing about the precise nature of the 6,190 affidavits.
Note too the 1,127,372 firearms "exported, destroyed, deactivated, or removed"; this is the source of the recent very nice supply of highly-collectable classic firearms at American gun shows!
In October 2005, as part of the campaign for the election expected to be called within 30 days of the release of Justice Gomery's report on the "sponsorship scandal" (a C$250 million project intended to promote national unity and opposed separatism in Quebec, much of which went to advertising agencies affiliated with the Liberal Party for little or no work), the ruling Liberal government pulled their favorite "blame the US for Canada's woes" rabbit out of their hat:
Although elections were not called after the Gomery report, the Liberal government fell soon afterwards. Elections were called for January 23, 2006.
On December 27, 2005, in the wake of a tragic youth gang shooting, Toronto mayor David Miller issued a statement claiming that "the lack of gun laws in the U.S. is allowing guns to flood across the border that are literally being used to kill people in the streets of Toronto" and once again made the unsubstantiated claim that 50% of all crime guns comes from the US.
Amazingly, Mayor Miller then went on to claim that Toronto "is still very safe compared to most American cities." Never mind that Toronto has more muggings, car thefts, and assaults per capita than New York City! Nationally, Canada's overall crime rate is 50% higher than the US; and 30 US states are safer than any Canadian province.
Miller did so again on March 29, 2006, demanding that the US institute Canadian-style gun control because his administration lacks the competence to stop gun crime in Toronto. So much for non-interference in another country's internal affairs.
The Liberals are not the only political party in Canada that wants to interfere in US domestic gun law. On June 4, 2004, Jack Layton, the leader of Canada's far-Left New Democratic Party, made the following remarkable statement at a political gathering in Winnipeg:
| "We're proposing going across the border to the US and actively engaging in lobbying to have gun-control laws in the US strengthened." |
As a side note, both Al Gore and John Kerry have spoken highly of Canada's gun control system. Gore even went so far as to visit Canada during the 2000 campaign to study the Firearms Act in order to propose and implement a similar system in the US. Thank your lucky stars that Bush won.
In spite of the all the above, and an intense negative election campaign waged by the Liberal Party, it was not enough to save the Liberal Party's 13-year grip on power.
The Conservative Party won the January 23, 2006 elections, although not enough seats to avoid a minority government. Thus, their government will be less stable and vulnerable to a no-confidence motion.
From an American perspective, the Conservatives are somewhat like moderate Democrats. We can expect a hiatus in the drumbeat of Canadian anti-gun (and anti-American!) hostility with a Conservative government in Ottawa; and the Conservatives have promised to scrap the long-gun registry.
On May 17, 2006, the Conservative government announced a one-year amnesty for the long-gun registration, as well as suspending license renewal fees for a year. People who have already renewed their firearms licenses will be receiving refunds. The Conservatives have promised to offer a completely new gun control proposal in the near future.
However, the Conservatives are not likely to establish US-style "shall-issue" carry licenses (such as we enjoy in 40 states); nor remove firearms from the prohibited weapons list.
The Conservatives may even pass an anti-gun law or two. Remember that the Conservative Party in the UK passed the first handgun ban of all but .22 caliber handguns to try to save their government; it didn't work, and the Labor party banned the .22 caliber handguns a few months later.
The bottom line is that the Conservative Party is not the "North of the 49th parallel" equivalent of the US Republican Party (propaganda from the Liberal Party notwithstanding). We should expect the status quo on Canada's gun laws; it probably won't get any worse during a Conservative government, but it won't get much better either.
| I would love to be proven wrong on my assessment of the Conservative Party. I just don't see anything like the "Reagan Revolution" in the works in Canada. More importantly, it seems clear that the Canadian electorate doesn't want one either; they were voting to oust the Liberals rather than making the sort of sea change that happened in the USA. |
However, it should be noted that Canadian anti-gunners have not given up. Like their American counterparts, they are relentless and will do and say anything to ram through their agenda. As reported by the Ottawa Citizen and the Toronto Star:
Univerity of Ottawa professor Joseph Magnet explains what "narrow opportunity" means. In Canada, crime legislation is the jurisdiction of the federal government. However, provinces can pass legislation that have a bearing on crime if the purpose is to address an issue that falls within provincial jurisdiction. Thus, Bryant's argument would be the a handgun ban isn't to address gun crime, but rather "health issues" that result from gun violence, decreased property values in affected neighborhoods, or "the fear that guns create."
However, Professor Magnet also points out that health, property rights and fear "aren't really the purpose [Bryant] wants to pursue. The purpose he wants to pursue, he made pretty clear, is crime control, and crime control is exclusively federal and there's no room for the province there." Since Bryant has made public quotes to that effect, a constitutional challenge would use those quotes to show that Bryant's intent is crime control which is not under provincial jurisdiction.
Canadian gun owners are still in for a rough ride.
Canadian readers: you can open your eyes now.
As strict as Canadian gun laws are, they are much harsher in Canada's peers in the Commonwealth. Canada still has a substantial rural, hunting, and subsistence culture that will not vanish overnight. Firearms which are "ordinary", "non-restricted" etc. throughout Canada and the US (even Washington DC) are banned in much of the Commonwealth.
Here's what it looks like in some other Commonwealth countries:
None of these gun laws have reduced crime. What's more, as noted above, it was the UK Conservative Party that started the most recent wave of gun bans in Britain. Britain's Olympic shooters are forced to train in Switzerland because their sport is banned in their home country.
I recently was contacted by someone in the UK who insisted that the idea of banning knives with points was considered to be a crackpot proposal and the government was not taking it seriously. Immediately after that came the news that the London municipal police were stopping passers-by to lobby them for support for a knife ban. Now (June 2006) comes the announcement of a "knife amnesty" in the UK in which knives can be turned anonymously at boxes outside police stations, no questions asked; along with a major propaganda campaign to "take knives off the streets."
Mexico's gun laws are extremely harsh if you run afoul of them.
Unlike Canada, where you're likely to be turned away at the border if you have unauthorized firearms or ammo, unwary visitors to Mexico have languished in Mexican jails for five years due to a single spent casing in their vehicle. The only way for a visitor to bring a firearm and/or ammo into Mexico is to get a permit in advance from the Mexican government.
More information is in A Practical Guide to Mexico's Gun Laws for Americans
Our Canadian friends are rather unhappy about the fact that they need to fill out US Bureau of Alcohol, Tobacco, and Firearms import forms to enter the USA with firearms. Most Canadians think that this is a new law as a result of the terrorist attacks on September 11, 2001.
This is not the case. It is not a new law. The most recent relevant US law was passed in 1998. What's new is the stricter application of that law to Canadians. The Firearms Act effectively tore up the reciprocity under which Canadians were given preferential treatment when entering the USA with firearms.
Canadian firearms owners should understand that it isn't directed at them. The US government would have eventually noticed that the reciprocity had become moot in any case. 9/11 just called it to their attention.
ATF is trying hard to make things as simple as possible for Canadian visitors to the USA, such as approving multiple imports on a single application for the convenience of hunters who frequently cross the border. Visitors to the USA who encounter any problems with getting the necessary US paperwork in order should contact the US National Rifle Association's Office of Legislative Counsel at +1 (703) 267-1160.
I am unconvinced that either Canada or the USA are better off than on December 31, 2000, the last day that law-abiding firearms owners of both countries could cross the border without paperwork.
Don't let any of this deter you from crossing the border. Canada is a beautiful country, with abundant hunting opportunities. More importantly, rural Canadians are our friends. We have a moral obligation not to abandon them.
It must be emphasized that rural Canadians do not support the Firearms Act and never have. The Firearms Act was rammed down their throats over their vociferous and ongoing objections. They are suffering badly because of the Firearms Act. A boycott by US sportsmen would just twist the knife in deeper.
For the official word, the Canadian Firearms Center (CFC) web page should also be consulted in conjunction with this web page. This is the bureaucracy that you will have to deal with. For the most part, I have found them to be overworked and over their heads, yet making a sincere attempt to be as helpful as possible. However, they do not know the law very well, and their handouts have numerous errors; call the Canada National Firearms Association at +1 (780) 439-1394 for better legal advice.
The CFC website sometimes does not accurately reflect the wording of the law and its regulations. When in doubt, ask a specific question and get the answer in writing. Better yet, always get it in writing; oral advice over the phone is not worth the paper it was printed on...
The CFC web page also has most of the forms which you will need available for download in PDF form. In the past, some of these forms assumed metric paper sizes and did not print properly on printers using US paper sizes. The forms now all are standard 8½" x 11" sheets.
The CFC can be contacted by phone at:
You will often experience extremely long delays in reaching a human, so use the web page whenever possible. Unfortunately, some business (such as renewing an Authorization to Transport) requires that you call. Never assume that you can get through on a particular day, and expect that you may have to wait an hour or more before you reach a human.
For border crossing information, you need to talk to the Canadian Border Services Agency (CBSA) at:
The CBSA is a new government agency; Customs was formerly part of the Canadian Customs and Revenue Agency (CCRA) which is now the Canadian Revenue Agency (CRA). So, you may see some documents which still refer to the old CCRA.
The CBSA distributes an excellent packet of information entitled What you need to know about bringing firearms into Canada. It contains the following documents:
The National Firearms Organization (NFA) is a pro-gun organization in Canada that lobbies on behalf on gun owners and works for reforms of Canada's gun laws. I recommend that every gun owner who resides in Canada, or who travels to Canada with firearms, join the NFA.
The NFA also helps people who have inadvertantly run afoul of the gun laws; should this happen to you, you should call the NFA at +1 (780) 439-1394 before making any statements that would sink you deeper.
To see what Canadian gun owners are up against, you should read the web page of the Coalition for Gun Control, the main anti-gun group in Canada.
First and foremost, remember that the US Bill of Rights ends at the US/Canadian border. Canada is an independent and sovereign country; the US constitution and US laws have no force in Canada.
There is no equivalent to the US Second Amendment in Canada. Nor is there an equivalent to the US Fourth and Fifth Amendments; Canadian firearms laws permit warrantless searches and seizures and compulsion to testify against yourself, overriding language to the contrary in the Canadian Charter of Rights and Freedoms.
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REMEMBER
There is no Right to Keep and Bear Arms in Canada Your RKBA rights cease the moment you step foot across the border! |
Canada has a parliamentary "majority rules" democratic system; if the majority decides that a right does not exist, that right does not exist. The Firearms Act was passed by the majority in the Canadian Parliament. Canada does not have a US-style independent executive or court system that can block or overrule laws based upon overriding constitutional principles. The executive (called a Governor-General, effectively a viceroy) in Canada is an unelected figurehead who rubber-stamps "Royal Assent" to laws. Although technically Canadian courts can declare a law unconstitutional (they declined to do so on the Firearms Act), Canada's constitution gives the federal (or any provincial) government the power to overrule a decision by the Supreme Court of Canada that declared a law unconstitutional.
Civil rights in Canada are granted by Parliament in a law called the Charter of Rights and Freedoms. Many of these rights are similar to rights found in the US Constitution (including the Bill of Rights). However, note the various "notwithstanding" clauses, such as section 33, which give the Canadian federal and provincial governments the power to ignore these rights at their choosing.
The bottom line is that in Canada, what Parliament says, goes. Government in Canada has far more power than in the US.
Behave yourself. Don't expect to get away with US-style civil disobediance against a law that you oppose, and expect to win in court. You are a guest in a foreign country, and while there you are obligated to obey that country's laws.
The good news is that Canadian law allows non-residents to bring ordinary long guns into Canada with relatively little difficulty, for hunting, competition, transport to Alaska, and protection against wildlife in remote areas.
However, all firearms of any kind must be registered and persons in possession of a firearm must be licensed; you should expect to be asked to display your licence and registration certificate, and expect to lose your firearm if you can not do so. The registration certificate would be either a Non-Resident Firearms Declaration or a regular registration certificate. If you have a Temporary Borrowing License or a Non-Resident Firearms Declaration, this serves as your temporary firearms license; otherwise you must have a Possession-Only License (POL) or a Possession and Acquisition License (PAL).
Contrary to what many people have said, and signs posted at the border say, it is possible to bring handguns into Canada, including to transport them between the continental US and Alaska. It requires considerable advance planning and preparation, but it can be done. Signs that say "handguns are prohibited in Canada" are wrong.
The easiest way to understand Canada's gun laws is to think "New York City style." That is: classification of firearms, licensing of gun owners (this includes buying ammo), registration of all firearms, additional restrictions on handguns and certain long guns including how they may be transported and carried, and some guns banned entirely.
Canadian firearm owners are licensed with either a Possession-Only License (POL), or a Possession and Acquisition License (PAL). Non-residents are eligible to obtain a PAL. In addition, there are two special licenses for short-term visitors, the Temporary Borrowing License and the Non-Resident Firearms Declaration.
Firearms are classified into one of three categories: non-restricted, restricted, and prohibited. There are regulations for transport, storage, and display of firearms in each of these three classes.
PROHIBITED FIREARMS, DEVICES, AND WEAPONS
That's right, you're not allowed to use non-lethal means of self-defense in Canada. This would seem to ban pepper spray for use against bears, but apparently there are some forms of bear spray which are legal for use in Canada.
| According to the Canada National Firearms Association: | "Pepper spray is legal if it is intended for use on vicious animals, and is a prohibited weapon if intended for use on vicious humans. On the other hand, if you carry it to protect yourself from vicious animals, and are attacked by a vicious human, it is legal to use it on that vicious human. It doesn't have to make sense, it is government policy." |
The complete list of named prohibited fireams, named restricted firearms, prohibited weapons, prohibited devices (including the exemptions for rimfire magazines, M1 Garand clips, and Lee Enfield magazines discussed above), and prohibited ammunition is here; however this list does not include firearms which are prohibited or restricted due to characteristics.
A summary focusing specifically on firearms, including characteristics which would render a firearm prohibited or restricted, is here; this summary also lists the competition handguns which are exempted by name from being prohibited and are instead restricted.
The ownership of prohibited firearms which were registered prior to their being prohibited is grandfathered by Firearms Act section 12(6). Ownership of grandfathered firearms can be transfered to other grandfathered owners of prohibited firearms of a similar type.
| Catch-22, Canada-style: |
Some 12(6) handguns were not prohibited until December 1, 1998. Originally,
only handguns registered prior to February 14, 1995 were grandfrathered.
Thus, handguns purchased and registered as restricted firearms prior to
December 1, 1998, but prohibited on that date were not grandfathered.
These handguns were put under an amnesty which expired on December 31, 2005. The actual registration for these firearms under the old law expired on December 31, 2002. Parliament passed a new law (C-10A) which extended grandfathering to these firearms, but only for individuals who had a valid registration certificate for at least one prohibited firearm prior to December 1, 1998. The Catch-22 was that those individuals who did not own a prohibited firearm prior to February 14, 1995 were not allowed to register their newly-prohibited (on December 1, 1998) firearm as a prohibited firearm, since they were not grandfathered. Thus, they were only able to keep them under the amnesty. When grandfathering was extended, it was too late for them to claim grandfathering for themselves, although they could transfer the firearm to an individual who does have grandfathering. Do you understand all this? Didn't think so. |
The privileged class of grandfathered 12(6) handgun owners will become extinct within a generation. The exception to this are grandfathered owners of 12(6) handguns manufactured before 1946; these can be transfered to heirs as a section 12(7) firearm, but the new owner can not buy other 12(6) handguns.
Now you know what so many fine old Lugers, Walther PPs, etc. have suddenly appeared in the US market in recent years; these have all become prohibited in Canada, and were exported to save them from being melted.
Note that there is no such thing as a "non-restricted handgun." ALL handguns are either restricted or prohibited.
Antique firearms are exempt from the provisions of the Firearms Act and some parts of the Criminal Code. However, antique firearms may also be restricted or prohibited, and that means something different with respect to an antique than it does for non-antique firearms. I won't go into that here; the Canada National Firearms Association has long articles available on this topic if you are interested.
Note that this is more restrictive than the US definition of antique firearms; all Canadian antique firearms are also US antique firearms, but the reverse is not true.
Note that word "and"; prior to the passage of Bill C-10A it was an "or". That meant that if either the muzzle velocity or muzzle energy limits were exceeded, then the owner must possess a firearms license, registration certificate, and possibly also an Authorization to Transport.
Antique firearms, and airguns that are exempt from the Firearms Act, are still "firearms" for some purposes of the Criminal Code, most notably section 87 which is the offense of pointing a firearm at another person. This means that it is a criminal offense to point a paintball gun at anyone. The police have not enforced this, but the fact remains that paintball games are technically illegal in Canada!
There are some other amusing quirks in these definitions. For example, a break action shotgun manufactured with a 16 inch barrel (or even shorter!) is an NFA firearm in the US, but is non-restricted in Canada! So are a Brazilian 30-shot Urko .22 rimfire rifle with a 9-3/4" barrel, and a Mossberg 14" pump 12-gauge.
It is still possible to join the class of owners of restricted and non-restricted firearms. You need an extra endorsment on your license to possess restricted or prohibited firearms, and as noted above if you don't already have the endorsement for prohibited firearms you can't get it now.
There are regulations for transport, storage, and display of firearms in each of these three classes. The most important of these to non-residents are the transport regulations.
Any firearm used in a crime in Canada, including so-called "temporary careless storage", is forfeit to the government ("the Crown") and destroyed. Consequently, it is extremely important to read and understand these regulations, and understand the difference between transport and storage.
The transport regulations apply when firearms are in a vehicle, no matter how long the firearms have been in the vehicle or how long it has been since the vehicle was last moved.
All firearms must be unloaded while in transport. Muzzle-loading firearms may be transported loaded between hunting sites if the firing cap or flint is removed.
Non-restricted firearms must be safely locked in the trunk or similar compartment; if there is no trunk or compartment, they must be out of sight if the vehicle is unattended. Although it is technically legal for a firearm in an attended vehicle to be in plain sight, police often do not know that; so it is safer to keep it out of sight.
Restricted and prohibited firearms must also be rendered unable to be fired by using a secure locking device AND locked in a heavy-duty, non-see-through container that can not be easily broken open or into. In addition, there must be a valid Authorization to Transport. Finally, fully-automatic firearms must have their bolt or bolt carrier removed if possible.
| IMPORTANT: |
There have been reports of people being charged for
"unsafe storage" of a firearm in a vehicle in Canada.
According to the Canada National Firearms Association, there is no such offense, because it is legally impossible to "store" a firearm in a vehicle. A firearm in a vehicle is being "transported", not "stored", no matter how long it has been in the vehicle or how long it has been since the vehicle was last moved. Consequently, in all cases involving a firearm in a vehicle, the transport regulations apply, not the storage regulations. If you encounter a problem, contact the National Firearms Association at +1 (780) 439-1394. |
The storage regulations only affect visitors if they are storing a firearm in Canada in some place other than a vehicle. This is fortunate, since the storage regulations are quite a bit more complex and restrictive than the transport regulations.
The storage regulations apply to all firearms.
All firearms must be stored unloaded. This is the only storage regulation which applies to antique firearms. The remainder of this section refers to the storage of non-antique firearms.
Non-restricted firearms must be rendered unable to be fired by one of the following measures:
An exception is made for non-restricted firearms being used for predator control in areas where it is legal to discharge a firearm. An unloaded firearm used for predator control can be temporarily stored unlocked and out in the open if the firearms can be discharged at that location without breaking a law.
Restricted and prohibited firearms must be rendered unable to be fired by one of the following measures:
Canada also has a set of regulations by which firearms may be displayed. These regulations are different depending upon class of firearm and where the firearm is being displayed (at home, away from home, or at a gun show).
I won't go into the display regulations in much detail, because they don't generally affect visitors to Canada with the exception of gun shows.
Firearms being displayed at gun shows must be unloaded AND securely attached to the display (with something strong, such as a chain or metal cable, so that the firearms can not be removed easily) AND be rendered unable to be fired by using a secure locking device AND in a place where ammunition for the firearm is not displayed and not easy to obtain. Fully-automatic firearms must have their bolt or bolt carrier removed if possible.
There are limited exceptions:
This section is not intended to be comprehensive.
As far as I know, there are no specific regulations about recreational or competition target shooting at a Canadian shooting range that warrant special attention by non-residents.
Canadian hunting regulations are outside the scope of this document; however note that it is definitely forbidden to hunt with a handgun or otherwise use a handgun against wildlife.
Any use of a firearm against a human, even in self-defense, is likely to be prosecuted as a crime in Canada. For that matter, use of any weapon against a human is likely to be a crime.
You are permitted to use a non-restricted long gun (not a handgun) in emergency self-defense against wildlife in remote wilderness areas. The rules are more or less similar conditions to US "defense of life and property against wildlife" laws.
Apparently, there are forms of pepper spray for use against bears that are legal for use in Canada, even though Canadian law seems to classify bear spray as being a prohibited weapon. I can't make sense of it either.
In general, unless you have an Authorization to Carry, the only legal uses for restricted or prohibited firearms (including all handguns) are for collection purposes and recreational/competition target shooting. With the exception of grandfathered 12(6) and 12(7) handguns, target shooting is generally not allowed for prohibited firearms either.
There are two special licenses for non-residents: the Temporary Borrowing License and the Non-Resident Firearms Declaration.
These licenses are only for non-residents who do not have a PAL. It is much less hassle to get one of these licenses if you only go to Canada every few years. More frequent visitors will probably want to get a PAL.
The Temporary Borrowing License (download form CAFC 715 here) allows a visitor 18-years of age or older to borrow non-restricted firearms for up to 60 days while in Canada for specified purposes. There is a fee charged for this license (currently C$35). Application must be made in advance and include a signed statement by a licensed Canadian outfitter.
The Non-Resident Firearms Declaration (download form CAFC 909 here) allows a non-resident who shows up at the US/Canada border with non-restricted or restricted firearms. There is a fee (currently C$25 as of mid-2005) charged for this license, but it is waived if you have paid the fee for a previous visit within the past year. This license serves as both license and registration while in Canada, and is valid for 60 days. An Authorization to Transport is also needed for restricted firearms.
PAL holders with registration certificates do not need either of these temporary licenses; they do not need to fill in the paperwork for either of these licenses at the border nor do they need to pay the fees associated with these licenses.
Canadian Customs is sometimes confused when an American PAL holder shows up at the border with firearms. Be nice; remember that many of the first-line Canadian Customs agents are college kids doing it as a summer job. They've been programmed to make Americans with firearms fill out the form for a temporary license and pay the fee; American PAL holders are not within their programming. They'll quickly call over a full-timer who'll take over.
Refer to the Canadian Firearms Center web page for more details.
The POL was a temporary inexpensive and minimal-paperwork means for Canadian citizens to keep their existing firearms, and ceased to be available for new licensees after January 1, 2001. Thus, the PAL is the license that we'll talk about here.
Since you've read this far, you've probably decided to go through the hassle of getting a PAL and not have to deal with getting a temporary license every time you cross the border.
A PAL must be renewed every five years, and separately lists the categories of firearms that you are permitted to possess and acquire. Although no license is required to possess crossbows, a PAL is required to acquire them. Thus, at a minimum, everybody's PAL lists "crossbows" under Acquisition.
To obtain a PAL, you must send in an application (download form CAFC 921 here), along with the application fee (which can be charged to a credit card). An endorsement for restricted firearms costs an additional fee.
| License renewal fees were waived for a one-year period on May 17, 2006. This has been extended for an additional year. The fee waiver period for renewals is currently scheduled to end on May 17, 2008. There is still a fee for new licenses. |
The application materials for a new license must also consist of:
You have the option, for a considerably lower fee, of taking the examination (it's called "challenging the examination") without taking the class. If you do this, be sure to buy the Canadian Firearms Safety Course Student Handbook and, if you're going for the restricted firearms endorsement, the Canadian Restricted Firearms Safety Course Student Handbook. Everything that you'll be asked on the examination is in these two books.
Both the classes and the examinations are given by local Canadian gun enthusiasts. These guys are our friends; don't unburden yourself on them.
In taking the test, pay particular attention to:
The examination is in two parts, a practical and a written. The written test consists of multiple choice and true/false questions. Most of the questions are easy, but there will be some trick questions (hence the need to study the student handbook).
The practical part of the examination is to show that you know how to operate various actions, and always check that a firearm is safe whenever you touch it. This is not just a matter of opening the action and checking the chamber; you must also verify that the bore is clear.
They want you to use a cleaning rod to verify that there are no obstructions; you can't just look down the bore because "what if there's a round further up from the chamber that will discharge just when you look." I was warned about that; so I brought along a bore light. I shined the light at the muzzle end; when I saw light in the chamber, I announced "I see the light in the chamber, therefore there is no bullet in the bore. I'm now going to look down the bore to make sure there are no smaller obstructions."
In other words, during your practical test, make the most paranoid possible assumptions.
Oh, you'll also have to show two forms of ID for your examination. If you have a concealed pistol license, use that for one of the required IDs and have him ask (with a note of envy) "what did you have to do to get that?"
If you want the endorsement for restricted firearms, that's another course and examination.
It is impossible to get the endorsement for prohibited firearms if you don't already have one.
OK, so you have passed the test(s), gotten all the signatures and the photo. Now what?
Be sure to read the application carefully, and answer each question precisely. You will quickly notice a problem in question 2.
The license renewal form does not have these problems; it clearly and unambiguously asks about the classes of firearms on your current license.
The new license application form is, however, much better than the old license application form which asked what categories of firearms do you own and wanted you to supply the registration number for at least one of your restricted and prohibited firearms. Note that it didn't ask what you will bring into Canada; it asked you what you own.
If you're like most Americans, you own/possess firearms in all three non-restricted, restricted, AND prohibited categories. Even a rusted out old Luger is prohibited in Canada, because of the 4.14" minimum barrel length. Remember, you are filling out an official government form. You are required to answer it completely and truthfully.
Although it is less clear what the correct answer is for questions 2(a) and 2(b) on the new form (it was much easier with the "own" question on the old form), I suggest that you:
If you feel better about it, write "see attached statement" for those questions and then on a separate piece of paper explain the situation.
After several months, someone is going to notice that you checked that you possess unregistered prohibited firearms and intend to possess and acquire prohibited firearms. If you didn't submit the safety training certification for restricted firearms (hence are just applying for a license for non-restricted firearms), they'll notice that too.
You'll get a call asking to explain yourself. It doesn't matter that you included an attached statement that explained it all. You'll have to explain it to them again.
Your response should be "Yes, that's completely true. I'm an American, living in the US, and those firearms are in the US. The form asks what I possess, not what I would bring into Canada. I would not think of bringing a prohibited firearm into Canada, but I would not think of making a false statement on an official form either."
Heh heh.
They may think that you're a jerk, but they'll accept it as an answer. Think about the alternative; do you really want to end up having to admit that you made a false statement on an official form? It is not for you to decide what they meant to ask.
As I said, feel free to attach a statement that clarifies this (and write "see attached statement" on the form!). The whole point being that in the future, they can never wave the form under your nose and get you to admit that you made a false statement.
Once that little comedy is settled, you'll get another one.
Canada apparently doesn't have any way to do a background check on you, and they will send you a letter telling you to arrange one for them! The way to resolve this is to ask your local police department to send them a notarized letter that you have a clean record. If you have a concealed pistol license, have your local police mention that fact, and the background checks which done on you at that time, in the letter as well.
Whew! That's it. In a few more weeks, you should receive the license.
To renew a PAL, you must send in a different application (download form CAFC 979 here), which fortunately is quite a bit less of a hassle than for a new application.
Note that there are dire consequences if you do not renew before your license expires. Among these consequences, if you allow your license to expire without sending in a renewal, then you have to go through the whole new license process all over again if you want to be licensed again. That's a fate worse than having to watch the CBC. The horror...the horror...
| License renewal fees were waived for a one-year period on May 17, 2006. This has been extended for an additional year. The fee waiver period for renewals is currently scheduled to end on May 17, 2008. There is still a fee for new licenses. |
The Canadian Firearms Center gives four different points that are critical to your renewal:
What this means is that if your license is received 21 days prior to the deadline, it will be renewed but you will not receive the renewal before your current license expired. There are severe consequences for allowing this to happen; not as bad as failing to renew, but still serious. Basically, you must not possess any firearms until the renewed license arrives in the mail.
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My renewal took 82 days between the date that it was received by the
Canadian Firearms Center (as reported
by their web page) and the date that it was issued. This does not
include the time
taken for mailing the renewal application to them, nor the time to mail the
new license to me. Nor does it include the time that it would have taken
for the renewal reminder to be mailed to me. In total, it took somewhat more
than 90 days. Had I waited for the renewal reminder my license would have
expired unrenewed.
Fortunately for me, I did not wait for the renewal reminder. I downloaded the renewal forms and sent in the renewal paperwork 6 months in advance. This was particularly important as I was to be in Canada when the old license expired. |
Unlike Federal Firearms Licenses in the USA, there is no provision in the Firearms Act for temporary license extension when a renewal is in progress but is held up in processing past the expiration date. Once your Canadian license expires, your possession of firearms in Canada becomes illegal even though a renewal is in process and was submitted on time.
| The message is clear: RENEW EARLY! And, if you are not a Canadian resident, don't wait for the renewal reminder, send in your renewal well in advance! |
As of January 1, 2003, all firearms in Canada must be registered, including firearms sold before the registry went into effect AND firearms brought into Canada by non-residents. Canada committed to issuing registration certificates to every firearm in Canada by January 1, 2003, just as they committed to issuing licenses to every Canadian gun owner by January 1, 2001. The bureacracy, and the private company which was paid C$36 million to run the registry and get those certificates out, is doing this as best as they can, in the only manner possible.
You can work out for yourself what "the only manner possible" means.
Canada has had registration of handguns for a very long time. What is new with the Firearms Act is registration of all firearms. The old registry had numerous errors; to prevent this, the new registry was supposed to confirm the details of each and every firearm.
It hasn't worked that way.
All firearms sold in Canada must be registered in the Canadian firearms registry. You must keep the registration certificate with the firearm at all times. If you buy a gun at a Canadian gun shop, registration is done as part of the sales paperwork.
The Non-Resident Firearms Declaration acts as a license and registration certificate for firearms brought into Canada by visitors who do not have a PAL and registration certificate.
As of January 1, 2003, if you have a PAL but do not have a registration certificate for the firearm when you show up at the border with that firearm, then you must deal with the Non-Resident Firearms Declaration. So, to avoid filling out the form and paying the fee, you must get a license AND register.
Of course, you won't going to register all your firearms in Canada, just the sacrificial "Canada guns" that you may bring into Canada.
You can be sure that the next time we get an anti-gun fanatic in the White House (such as the womanizing hillbilly that we suffered with from 1993-2000), Canada will happily turn over all its registration information about American-owned firearms.
Supposedly, all firearms are to be inspected by a verifier prior to registration in the new system. The old registration system, which was for restricted and prohibited firearms only, was filled with errors. The intent of the verification program was to clear up those errors.
Until June 30, 2003 (extended from December 31, 2002), the Canadian Firearms Registry did free online registration of non-restricted firearms, and free re-registration of restricted and prohibited firearms which were registered under the old system. So, they effectively just took whatever was submitted and/or copied registration information from the old system to the new system without verification. This free (re-)registration without verification ended on June 30, 2003.
As of July 1, 2003, to register any firearm, including firearms owned by non-residents, the firearm must be inspected by a verifier, who will certify on the Application to Register Firearms For Individuals (download form CAFC 998 here), that the firearm is as described, and subsequently you send in the form along with the registration fee or credit card charge authorization.
Here's the story about what I went through to register two sacrificial handguns which I normally want to bring with me to Alaska via Canada.
I asked about seeing a verifier in June 2002 when I got my Authorization to Transport, since the firearms would be in Canada and it would be a simple stop. I was told that the verifier program had been suspended, and that I should just submit my request on the re-registration web page, using the FRT number for the old registration number.
In late October 2002, I decided to call and check since I hadn't received a registration certificate. After some investigation, they told me that I had been misinformed in June, and that I need to see a verifier after all. Golly gee, thanks a lot. Well, I did that, got the handguns verified and the verifier's signature on the paperwork. I mailed it in November 2002.
In January 2003, having seen no sign of the registration certificates nor of my credit card being charged for the registration fee (a bad sign), I called. They said that they never got the paperwork. Of course, since Canada is one of the few countries in the world that doesn't offer return receipt, I have no way of proving that I sent it in.
So, it was back to the beginning again. Of course, there was a different registration form to fill out. This time, I FAXed it directly to the registrar, and this time my credit card got charged C$50. Finally, after another month, I got the registration certificates.
But the story doesn't end. On May 20, 2005, I got a call from the Canadian Firearms Center, asking about a registration application that I had just sent them. This surprised me, since it had been over two years since I last registered any firearms in Canada. After identifying the firearms in the application, I realized that the registration application that I sent in November 2002 had finally appeared out of the other side of the black hole into which it had vanished! After we shared a joke or two at the expense of Canada Post, the CFC withdrew the application as being a duplicate.
The Canada National Firearms Association notes that "amusingly, a registration certificate cannot identify a firearm uniquely with the data they are putting on it. For example, a S&W revolver, from the data on the certificate, could be one of any one of the 50-odd models that each have one firearm with that serial number. As a result, the registration certificates are useless for identifying firearms in a court of law."
An Authorization to Transport (download form CAFC 679 here) permits the transport of restricted and prohibited firearms. It must be applied for well in advance, and is issued at the discretion of the bureaucracy (meaning the CFC and the province(s) where you will be travelling).
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ATTs are issued by the Chief Firearms Officer of a province. Some provinces
refused to appoint such an officer. In these provinces, the RCMP now handles
ATTs; previously, there was a separate bureaucracy. They are inadequately
staffed, and consequently it takes considerably longer to
process an ATT than in the past.
My most recent ATT took over 2 weeks, even though it was technically only a reissue of an ATT that I have had for 6 years. It had never taken so long before. Fortunately for me, I put in my application a month in advance, so I got my ATT in time. |
An ATT does not give you the right to carry a handgun, openly or concealed. For that, you need an Authorization to Carry, which is almost impossible to get.
Your application will need to state:
An ATT may be valid for up to three years and is renewable by telephone, at the discretion of the bureaucracy.
Rumors to the contrary notwithstanding, it is possible to get an ATT to transport handguns to Alaska. It just requires a lot of patience. It helps a lot if the provincial authorities at your point of entry are friendly.
| IMPORTANT: |
Unless you are issued an open-ended ATT, there will be a start and end
validity date as well as a statement of route and entry/exit points. If
your travel plans are altered so that you are no longer in compliance with the
ATT, you must get a new ATT. Your ATT will be
checked when you exit Canada, since you are reported to report to Canadian
Customs if you exit Canada with restricted firearms.
What you do is call the CFC at 1 (800) 731-4000 and explain the circumstances ("my vehicle broke down in Fort Doggerel, Yukon; the shop says that the parts will arrive by dogsled on Monday, so I need a 3-day extension of my ATT"...). The CFC will FAX a new ATT (hopefully, the repair shop will have a FAX machine) to you. Obviously, common sense applies. You should have a good reason for asking for a change in your ATT, consistant with being a responsible law-abiding individual. |
Carry of a handgun, whether open or concealed, requires an Authorization to Carry Restricted Firearms and Prohibited Handguns (download form CAFC 680 here).
This particular license is almost impossible to get. It's issued to armored car personnel and occasionally to trappers and other workers in the bush. Authorizations to Carry are unique is that there is no appeal from a refusal of an application for an ATC; "no" means no.
There is a third type of Authorization To Carry, described in Firearms Act section 20(a), and with the following regulations:
For the purpose of section 20 of the Act, the circumstances in which an
individual needs restricted firearms or prohibited handguns to protect the
life of that individual or of other individuals are where
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In spite of the fact that this type of ATC was explicitly created in the law for the benefit of abused spouses and other women in danger, it has never been issued. The application form doesn't even mention that this type of ATC exists!
Sadly, we must conclude that the official policy of the current government of Canada prefers a dead woman, raped and stranged with her own pantyhose, over a living woman explaining to the RCMP how her attacker got a fatal bullet wound.
This point is so important that it bears stressing first:
| DO NOT EVEN THINK OF ATTEMPTING TO CROSS THE BORDER INTO CANADA WITH A PROHIBITED FIREARM. |
There is no way that you can legally enter Canada with a prohibited firearm. This likely includes your concealed carry pistol. Canadian Customs will be looking for it. Leave it at home.
You can't enter Canada with a restricted firearm unless you have an Authorization to Transport. If you have a handgun that is not prohibited, then it is restricted; if you don't have an Authorization to Transport (which you need to obtain well in advance) you can't bring it in. Leave it at home.
Even if you have an Authorization to Transport for a restricted firearm, you can't carry it unless you also have an Authorization to Carry which is almost impossible to get. In general, forget about carrying a sidearm while in Canada.
Make certain that you are in complete compliance with the transport regulations.
Canadian Customs may try to bait you, e.g. by asking you to agree that this all is a good thing. Don't rise to it. Canada is not our country; we have nothing to say about their laws. Remember that you're being subject to the "attitude test."
You definitely will be pulled aside for inspection when you show up at the border with handguns, and probably will be pulled aside even if you only have long guns.
You'll probably also be subject to a vehicle search. It won't be a big deal unless you fail the attitude test or try to pull a fast one. They've never gone as far as taking my vehicle apart, but I once cooled my heels for the better part of an hour and on two other occasions was held up for over a half hour. I wasn't worried, as I had made a complete declaration and I knew that their search would show so. The way I look at it: I expect to be delayed and my stuff thoroughly rummaged, and I am pleasantly surprised when it doesn't happen.
Actually, it can be fun if you're a PAL holder. Canadian Customs is disappointed that they don't get to collect the fee from you. US Customs is disappointed that they don't get ahold of a Non-Resident Firearms Declaration. Either way, they are surprised. It's particularly entertaining when the Canadian Customs agent is one of the summer kids. Fortunately, they'll quickly call over a full-timer who knows what to do.
If you don't have a PAL and registration certificate, you'll have to fill out the Non-Resident Firearms Declaration form and pay the fee. If you have restricted firearms, they'll check your ATT, and will also inspect your handguns to make sure that you have them in a locked box with a trigger lock.
Assuming that all your paperwork is in order (especially the ATT if you have handguns), you are in compliance with the transport regulations, and you don't rise to being baited, you'll be passed through the border without excessive difficulty. You probably will be delayed, especially if you have handguns. I've never been delayed more than an hour. Plan for it. Patience and a sense of humor helps.
It is not necessary to comply with the more complex storage regulations if you are in compliance with the transport regulations and the firearms stays in the vehicle at all times. On the other hand, Canadian Customs seems to be happier if you go the extra mile (extra kilometer?) and comply with the storage regulations too even if you're just transporting; in other words, consider putting a trigger lock on the long guns too.
Remember what I said about the attitude test. Sometimes, Customs agents get a bit sour after having one dingbat after another try to pull something on them. Set an example as a fine, upstanding, law-abiding gunowner who strictly follows all laws and regulations. You just might make things easier for the next guy.
Since 2005, any Authorization to Transport issued to non-residents has stated "All firearms exports by individuals must be reported to Canada Customs at the point of exit."
According to the Canada National Firearms Association, once the new Bill C-10A provisions on import and export come into force, "no paperwork or display or notification will be required on exiting Canada to enter the US (only) if the firearm is registered, the carrier is the registration certificate holder (owner or borrower), and the carrier holds a license covering that class of firearm." However, "nobody knows when [these provisions] will come into force."
In my own experience, Canada Customs interprets this requirement as follows:
I don't know how they enforce this; at many border crossings it is quite inconvenient to get to Canada Customs when exiting Canada. At the crossings where I exit Canada, I pull over as best as I can, walk into the Canada Customs building, explain my business, and then let them tell me what to do.
Presumably they record who enters Canada with restricted firearms, and match it with who exited Canada. I saw no sign of my exit being recorded the two times I went through this procedure, but that doesn't mean that it didn't happen. You should assume, especially if you intend to go to Canada ever again, that they are recording your exit and matching it with your entry; and thus you should comply voluntarily.
Note what I said earlier about the "attitude test." It is one thing to assert your Second Amendment rights; it is quite another to be obnoxious for no good reason. We want Customs to do their job. We don't want any more 9/11s!!
When you return to the US, you'll have to declare that you are "re-importing" your firearms. US Customs may ask to see the Canadian Non-Resident Firearms Declaration, which you won't have if you entered Canada with a PAL. Thus, you should get a Certificate of Registration For Personal Effects Taken Abroad, which brings us to...
To avoid possible problems reentering the US, it's worth a stop at US Customs before you leave the US to get a Certificate of Registration For Personal Effects Taken Abroad. Don't let that name scare you; it's just a slip of paper with your name, address, a description of the firearm including the serial number, and a stamp. You will keep the only copy and nothing about it is entered in any computer, so it's not a "registration". It's actually a certificate, in your possession only, that a US Customs agent saw you in possession of the firearm in the US. Be sure to keep it to use for future trips so you don't have do it again.
Note: leave your firearms in your vehicle when you do this. Do NOT bring firearms into any federal facility, including a US Customs building, unless specifically instructed to do so by a federal officer. With limited exceptions (such as obeying the instructions of a federal officer) it is a federal felony (18 USC § 930(a)) to bring a firearm into a federal facility.
Often, US Customs will not want to look at the firearm before giving you the certificate. If they they tell you that they want to inspect the firearm, ask them what they want you to do (as in "do you want me to bring it here?") and follow their instructions precisely. It's a good idea to disassemble it and have it in a case when you bring it into building. The fact that it must be unloaded should go without saying.
If you had an ATT to bring handguns through Canada, be prepared for US Customs to be surprised. Especially along the Alaska border, you may find that their surprise is tinged with a bit of envy. Some of these guys have applications of their own pending for one...
Canada allows the import of ammuntion for personal use. Details are here.
In the past, the import of hollow-point ammunition labelled for use in handguns required written authorization from Natural Resources Canada. This requirement has now been dropped.
Specifically military ammunition such as armor-piercing, incendiary, tracer, etc. is also strictly verboten by Canada Customs.
Non-residents can import up to 200 rounds duty-free; this limit is raised to 1500 rounds duty-free for use at a competition. To negotiate the import of larger amount of ammunition, contact the Exposives Regulatory Division of Natural Resources Canada at +1 (613) 943-0206.
If you have a PAL, you can readily purchase ammunition in Canada, although prices are slightly higher than in the US.
My experience is that Customs is not generally concerned about ammunition as long as your paperwork is in order for the firearms. Make sure that it is packed separately from the firearms in your vehicle, and out of sight. However, make sure that Customs will find it right away if they do a vehicle search; they will look for it, and if you give them the impression that you're hiding something you may end up with a disassembled vehicle.
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