OUTDOOR PERSPECTIVES ARCHIVES
3/10/02

Border gun controversy

By DENNIS APRILL, Outdoors Columnist

Since Sept.11, there’s been a new focus on border security. While no one would argue with trying to keep terrorists, drug smugglers or just plain old ordinary criminals from crossing into the United States, there have been other initiatives that may be just a little out of hand.

Currently up for debate in Congress is a law that will, if passed, require Canadian gun owners to fill out a Form 6 with the Federal Bureau of Alcohol, Tobacco and Firearms before they can bring a rifle or shotgun into the United States. This form could take 8-12 weeks for the BATF to process.

On the surface, this law is well intentioned: keep the bad guys out. But, the Canadians who are really being penalized are legitimate gun owners, some of who belong to Rod and Gun Clubs in the United States. Because these Canadian recreational and competitive shooters will have to fill out a From 6 every time they bring their firearm across the border, there is expected to be a major drop-off in Rod and Gun Club membership in Border States.

Joe Potosky, Membership Secretary for the Plattsburgh Rod and Gun Club, says, "About one-fourth of our members are Canadians, and they come down regularly to practice and compete. I think if they have to go through all the form work, especially since BATF wants each application sent by regular mail in triplicate, we’re going to lose these people."

Under the provisions of the proposed law, not only would an alien possessing a gun need a Form 6 each time he or she enters the United States, but also proof the event is a formal shoot - i.e. there is a formal program - or that person would need a current U.S. hunting license.

"It’s ridiculous," says Potosky. "In North Dakota a non-resident small game license costs $17, and BATF doesn’t care what state issues the license."

It isn’t so much the cost of the non-resident license, Potosky adds, but the rigmarole with Form 6. "Some members will have to send in 10 forms at one time if they plan on spring shoots. Right now, BATF is accepting faxes, but that will end soon, and only mail-in forms will be accepted, and that will take time."

Part of the problem lies with interpretation of the law. U.S. Public Law 105-277 now on the books, according to Potosky, amends the Brady Handgun Violence Prevention Act that allows an alien to bring in rifles and shotguns for, as the amendment says, "lawful hunting or sporting purposes." BATF interprets "sporting purposes" as scheduled shooting events that have a formal printed agenda. That precludes casual weekly shooting and practices. The only other option for a Canadian is to buy the cheap hunting license so as to meet the "lawful hunting" definition. Membership in an American-based Rod and Gun Club, like the one in Plattsburgh, will not exempt the shooter if the proposed law goes into effect.

What’s ironic about all this is that Canada now has one of the strictest gun licensing programs in the world. If an American hunter wants to cross the border with a rifle or shotgun, he or she must have a valid non-resident Firearms Declaration Form that costs $50 per year Canadian. That form, good for one year, must be stamped at the border. All Canadians who own firearms go through stringent regulations just to have the privilege of owning a rifle or shotgun in their own country.

"Why not accept a valid Canadian Firearms Registration Form instead of making the Canadian go through the Form 6 process," Potasky asks? "It would cut down on paperwork, and because they will have photo ID’s, it should be adequate to show they are not criminals."

The proposed bill is in the House Appropriations Subcommittee on Treasury, Postal Service and General Government. It may not get out of that committee. For anyone interested in more details about the new proposed Firearms Regulations for Aliens, contact Joe Potosky at http://members.aol.com/joseph1822 or give him a call at 643-6670.

This is the first of a two-part series on border issues. Next week the focus will be on Lake Champlain.

Dennis Aprill’s e-mail address is: daprill@frontiernet.net

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