Thank you. Yester-day I personally collected the above-mentioned cased E. J. Churchill gun bought from Holt's Auctioneers and imported into the U.S., after being notified by the carrier that my shipment had arrived at the local international airport. Besides the paperwork previously completed and included with the shipment already in my possession, the carrier provided me a copy of the final version of the carrier's "Air Waybill" and their "Transportation Entry and Transit Air Cargo Manifest" via email attachment.

These latest documents too were taken to the airport and presented to U.S. Customs and Border Protection. The receiving officer looked cursorily at my paperwork, went to his assigned computer and stamped a general release (which he also executed and dated) on the Air Waybill, and used another device to perforate that and the other documents with identifying numbers for the shipment. Within a matter of 15-minutes, I was back in my vehicle and driving to the opposite side of the airport grounds where the carrier's offices and warehouses are located. Once there, and after re-presenting the stamped and perforated documents to staff, which were copied by them and returned to me, it needed another 10-minutes before the shipment was hand-trucked to my vehicle and placed into its trunk.

The collection of my shipment required some 30-minutes to accomplish. So, if the gun you are importing is an "antique firearm," as that legal term is defined in applicable statutes and regulations, it is indeed possible to personally make the arrangements with the appropriately licensed exporter and do the collecting of the shipment yourself. Other than the final shipping documents earlier described, all that is otherwise needed for eventual presentation to U.S. Customs and Border Protection for their approval of the importation of your firearm as an "antique firearm" is a proof of age certification (this proof also excuses you from paying excise tax on the antique import) document and a bill of sale. If the bill of sale also indicates the date of manufacture as pre-1899, so much the better. The agency's official website provides this very same information with respect to "antique firearms." (i.e. generally: "... any firearm manufactured in or before 1898.")

One of the great things about collecting antique firearms (and for me, especially those conveniently bought in the U.K.) is that Congress has historically never evinced an intention to regulate antique firearms, which means they are unregulated here and also when imported. Therefore, wherever a statute or regulation addresses "firearm," and whether that legal term is used as an adjective or a noun in a U.S. federal statute or regulation, the legal term "antique firearm" is invariably excluded (Hint: Look for the statute's or regulation's paragraphs addressing 'definition of terms' or 'definitions' used in the particular title and / or section referenced or cited.) from the statutory or regulatory legal definition for "firearm." The legal term "firearm" does not incorporate the legal term "antique firearm." And if the latter legal term is excluded by legal definition, that excluded class of firearm does not fall under the regulatory authority of the federal statute or regulation addressed.

The separate terms "firearm" and "antique firearm" are not generic terms, they are instead specific legal terms, as legally defined in federal law and regulations, and must be read from that perspective alone, in order for the statute or regulation referenced to be understood and comprehended correctly. It is that difference that informs why it is that ATF has neither legal regulatory authority over antique firearms in this country nor when the same are imported into the United States. Unfortunately, and I have run afoul of it at times, a lot of misinformation and astounding ignorance has been disseminated on this subject. The better approach, in my opinion, should you want to engage in the importation of your antique item, is to conduct personal research and come to understand what and if you can do something, and why you can or cannot do so, and then act accordingly and informed.

I wish all those desirous of importing antique firearms into the United States the very best of luck and a good experience.


Regards,

Edwardian