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This is the text of a very well researched post from Shooting.com. Before the demise of that forum, I copied it off and saved it for this forum as the original work was well done.
Firstly, there are two export control regimes for the USA.
These regulations cover all exports. A company can be penalised under the ITARs if they ship a controlled item to an address in the USA - when they know it was purchased using a foreign credit card. This means that freight forwarders are often not suitable, and if caught, you, the forwarder and the original seller are all liable for prosecution - the fines are substantial and federal prison is also available as an outcome.
In addition to the personal export permits described below, the company that produces the item you wish to export must also have an export licence. These permits start at $2500 per annum and go up according to the company turnover. Many small companies do not bother with export licences as the cost is too much for them to manage.
WHAT YOU NEED TO DO TO EXPORT THE FOLLOWING FROM THE USA TO AUSTRALIA:
N.B This does NOT detail what is required to import items into Australia. That information may be found elsewhere in this section.
Complete Firearms (NOT AIRGUNS) - s123.1(a)
You will need a US export permit.
Air Rifles and Air Pistols
You will not need an export permit; airguns are not considered firearms under US Code
Barrels, Revolver Cylinders, Receivers, Frames and complete Breech Assemblies (actions) - s123.1(a)
You will need a US export permit.
Firearm parts not listed above, and magazines, clips and other accessories - s123.17(a)
No permit required if the value of parts does not exceed $100USD wholesale. Ok to use a mail forwarder if necessary.
Firearm silencers and suppressors, including flash suppressors - s123.1(a)
You will need a US export permit. Note that there is a grey (danger) area when it comes to muzzle-brakes that many retailers fear to tread. Mail forwarders probably ok (for muzzle-brakes).
Riflescopes listed as part of the US Munitions List (USML) - s123.1(a)
You will need a US export permit.
Night vision gear - s123.1(a)
Gen4: Not going to happen as these are an item controlled at a government to government level - they are on the USML.
Gen3: US export permit required.
Gen1/2/2+: I believe these are fine, but will need to verify.
Thermal: Low quality thermal units can be exported, higher resolution and ones designed to be fitted to a weapon are controlled at a government to government level - they are on the USML.
Optical sighting devices for firearms not covered by above two categories
You will not need a Department of State ITAR based permit. Dept. of Commerce export controls do not apply for exports bound for Australia.
Handloading Equipment
No export permit required.
Reloading components - brass/bullets/primers/powder - s123.1(a)
You will need an export permit
SO WHAT'S THIS EXPORT PERMIT YOU SPEAK OF?
Quite simply, you buy your gear, have it shipped to (or supplied by) a US federally licensed export agent, pay their fee (per consignment, $250 of which is the fee set by the US State Dept) and have them send it over once you've got the necessary import paperwork sorted out. The best quote I managed to sort was $200, or 15% of total value, whichever was greater. Shipping/insurance was quoted at ~$65 for a pistol and ~$100 for a rifle. Most exporters charge more than this, and I was looking at purchasing the firearms from the exporter at the time, so this is not typical.
I believe firearms are required to be shipped in a hard-case, which may or may not be an additional expense, and remember that firearms and possibly some parts (depending on your state) may have to be shipped to a dealer, not directly to you, and dealers will charge a fee for the time/expense/undercutting.
REFERENCES
This information is taken from the following sections of the International Traffic in Arms Regulations http://www.pmddtc.state.gov/regulations_laws/itar.html:
The US Code declares the following, which clearly shows that airguns are not considered to be firearms under US Federal Law:
Quote
(3) The term "firearm" means
(A ) any firearm (including a starter gun) which will or is designed to
or may readily be converted to expel a projectile by the action of an
explosive;
(B ) the frame or receiver of any such firearm;
(C ) any firearm muffler or firearm silencer; or
(D ) any destructive device.
Although Department of Commerce licenses are required for shipments of a certain type, of a certain value to certain destination, (see here for a "simple" breakdown) there are only two classifications I can find that apply to firearms. (see this link and search "firearm" or the specific classifications "0A987" or "0A018")
0A987 - Optical sighting devices for firearms (including shotguns controlled by 0A984); and parts
Exports fitting this description are controlled for reasons of firearms convention (FC), crime control (CC) and United Nations embargos placed upon Iraq, North Korea, and Rwanda.
0A018Items on the Wassenaar Munitions List.
Exports fitting this description are controlled for reasons of national security (NS), anit-terrorism (AT) and United Nations embargos placed upon Iraq, North Korea, and Rwanda. This description may be read in full here, but for our purposes only applies to certain black powder firearms (and military helmets)
Of these classifications, only NS1 is applicable to exports destined for Australia (see here), and restrictions only apply once the export is of a certain value. These values are the following:
Black powder firearms (see below): $1500
Military Helmets: $1500
Note that not all BP firearms are controlled (in fact most are not):
Quote
c. Muzzle loading (black powder) firearms with a caliber less than 20 mm that were manufactured later than 1937 and that are not reproductions of firearms manufactured earlier than 1890;
Note: 0A018.c does not control firearms used for hunting or sporting purposes that were not specifically designed for hunting or sporting purposes that were not specially designed for military use and are not of the fully automatic type, but see 0A984 concerning shotguns.
ie. If the BP firearm is used for sport/hunting, is not fully-automatic and fulfills either the criteria of being designed for hunting/sport use or NOT being designed for military use, no DoC license is required, though of course as an operational firearm, a DDTC export permit is required.
Firstly, there are two export control regimes for the USA.
- The International Trade in Arms Regulations (ITARs) are managed by the Department of State on behalf of the US Department of Defense. These are the main controls for export of items that are on the United States Munitions List (USML). The ITARs are constantly evolving, but are re-published on the 1st of April every year.
- The Department of Commerce Export Regulations (DoC Regulations) regulate exports of the more sporting items such as shotguns, air rifles and scopes.
These regulations cover all exports. A company can be penalised under the ITARs if they ship a controlled item to an address in the USA - when they know it was purchased using a foreign credit card. This means that freight forwarders are often not suitable, and if caught, you, the forwarder and the original seller are all liable for prosecution - the fines are substantial and federal prison is also available as an outcome.
In addition to the personal export permits described below, the company that produces the item you wish to export must also have an export licence. These permits start at $2500 per annum and go up according to the company turnover. Many small companies do not bother with export licences as the cost is too much for them to manage.
WHAT YOU NEED TO DO TO EXPORT THE FOLLOWING FROM THE USA TO AUSTRALIA:
N.B This does NOT detail what is required to import items into Australia. That information may be found elsewhere in this section.
Complete Firearms (NOT AIRGUNS) - s123.1(a)
You will need a US export permit.
Air Rifles and Air Pistols
You will not need an export permit; airguns are not considered firearms under US Code
Barrels, Revolver Cylinders, Receivers, Frames and complete Breech Assemblies (actions) - s123.1(a)
You will need a US export permit.
Firearm parts not listed above, and magazines, clips and other accessories - s123.17(a)
No permit required if the value of parts does not exceed $100USD wholesale. Ok to use a mail forwarder if necessary.
Firearm silencers and suppressors, including flash suppressors - s123.1(a)
You will need a US export permit. Note that there is a grey (danger) area when it comes to muzzle-brakes that many retailers fear to tread. Mail forwarders probably ok (for muzzle-brakes).
Riflescopes listed as part of the US Munitions List (USML) - s123.1(a)
You will need a US export permit.
Night vision gear - s123.1(a)
Gen4: Not going to happen as these are an item controlled at a government to government level - they are on the USML.
Gen3: US export permit required.
Gen1/2/2+: I believe these are fine, but will need to verify.
Thermal: Low quality thermal units can be exported, higher resolution and ones designed to be fitted to a weapon are controlled at a government to government level - they are on the USML.
Optical sighting devices for firearms not covered by above two categories
You will not need a Department of State ITAR based permit. Dept. of Commerce export controls do not apply for exports bound for Australia.
Handloading Equipment
No export permit required.
Reloading components - brass/bullets/primers/powder - s123.1(a)
You will need an export permit
SO WHAT'S THIS EXPORT PERMIT YOU SPEAK OF?
Quite simply, you buy your gear, have it shipped to (or supplied by) a US federally licensed export agent, pay their fee (per consignment, $250 of which is the fee set by the US State Dept) and have them send it over once you've got the necessary import paperwork sorted out. The best quote I managed to sort was $200, or 15% of total value, whichever was greater. Shipping/insurance was quoted at ~$65 for a pistol and ~$100 for a rifle. Most exporters charge more than this, and I was looking at purchasing the firearms from the exporter at the time, so this is not typical.
I believe firearms are required to be shipped in a hard-case, which may or may not be an additional expense, and remember that firearms and possibly some parts (depending on your state) may have to be shipped to a dealer, not directly to you, and dealers will charge a fee for the time/expense/undercutting.
REFERENCES
This information is taken from the following sections of the International Traffic in Arms Regulations http://www.pmddtc.state.gov/regulations_laws/itar.html:
The US Code declares the following, which clearly shows that airguns are not considered to be firearms under US Federal Law:
Quote
(3) The term "firearm" means
(A ) any firearm (including a starter gun) which will or is designed to
or may readily be converted to expel a projectile by the action of an
explosive;
(B ) the frame or receiver of any such firearm;
(C ) any firearm muffler or firearm silencer; or
(D ) any destructive device.
Although Department of Commerce licenses are required for shipments of a certain type, of a certain value to certain destination, (see here for a "simple" breakdown) there are only two classifications I can find that apply to firearms. (see this link and search "firearm" or the specific classifications "0A987" or "0A018")
0A987 - Optical sighting devices for firearms (including shotguns controlled by 0A984); and parts
Exports fitting this description are controlled for reasons of firearms convention (FC), crime control (CC) and United Nations embargos placed upon Iraq, North Korea, and Rwanda.
0A018Items on the Wassenaar Munitions List.
Exports fitting this description are controlled for reasons of national security (NS), anit-terrorism (AT) and United Nations embargos placed upon Iraq, North Korea, and Rwanda. This description may be read in full here, but for our purposes only applies to certain black powder firearms (and military helmets)
Of these classifications, only NS1 is applicable to exports destined for Australia (see here), and restrictions only apply once the export is of a certain value. These values are the following:
Black powder firearms (see below): $1500
Military Helmets: $1500
Note that not all BP firearms are controlled (in fact most are not):
Quote
c. Muzzle loading (black powder) firearms with a caliber less than 20 mm that were manufactured later than 1937 and that are not reproductions of firearms manufactured earlier than 1890;
Note: 0A018.c does not control firearms used for hunting or sporting purposes that were not specifically designed for hunting or sporting purposes that were not specially designed for military use and are not of the fully automatic type, but see 0A984 concerning shotguns.
ie. If the BP firearm is used for sport/hunting, is not fully-automatic and fulfills either the criteria of being designed for hunting/sport use or NOT being designed for military use, no DoC license is required, though of course as an operational firearm, a DDTC export permit is required.
and a customs agent at this end will help matters too. From what I have read, it is unlikely that you will be able to waltz through customs at the airport with your new rifle. It may be temporarily seized to be checked for safety and properly registered in your home state before it can be released to you.
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