I went to do my forms today and had the supressors. I was told they cannot be temporarily exported so I asked the agent in charge for confirmation via email. Here is the CBP documentation he sent.
Hello Mr. Burns,
Here is a good overview of the laws concerning the export and temporary export of firearms from the United States.
I provided links to the actual regulations that apply.
Please let me know if you have any questions.
I. Overview of Export Control Regulations
The export of defense articles and related technical data from the United States is primarily regulated by the Department of State’s Directorate of Defense Trade Controls (DDTC) under the
International Traffic in Arms Regulations (ITAR), codified at 22 CFR Parts 120-130. Items controlled under ITAR are listed on the
U.S. Munitions List (USML).
eCFR :: 22 CFR Part 121 -- The United States Munitions List
Other items, including many firearms, ammunition, and accessories that do not fall under ITAR, are regulated by the Department of Commerce’s Bureau of Industry and Security (BIS) under the
Export Administration Regulations (EAR), codified at 15 CFR Parts 730-774. These items are listed on the
Commerce Control List (CCL).
eCFR :: 15 CFR Part 774 -- The Commerce Control List
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also plays a significant role in regulating firearms domestically and has specific requirements for the import and export of certain firearms and parts.
II. Exporting Firearms and Ammunition
A. Permanent Export: The permanent export of firearms and ammunition generally requires an export license from either DDTC (if classified under USML) or BIS (if classified under CCL). The specific requirements depend on the classification of the item and the destination country. Travelers should consult with the relevant agencies well in advance of any planned permanent export.
B. Temporary Export for Personal Use (e.g., Hunting Trips): For temporary export of firearms and ammunition for personal use, such as hunting, specific procedures apply.
- Firearms: Generally, firearms intended for temporary export for personal use (like hunting) may be eligible for an exemption or a specific type of authorization, often requiring registration with U.S. Customs and Border Protection (CBP) upon departure and re-entry. Travelers must declare firearms to CBP officers at the time of export and ensure they meet the import requirements of the destination country.
- Ammunition: Similar to firearms, ammunition for personal use on hunting trips is subject to export and import regulations. Travelers must declare ammunition and ensure compliance with both U.S. and foreign laws.
III. Exporting Silencers/Suppressors
A. Strict Regulations and Licensing Requirements: Silencers and suppressors are subject to particularly stringent export controls. Under U.S. law,
silencers and suppressors are classified as Title II NFA (National Firearms Act) items and are generally controlled under the International Traffic in Arms Regulations (ITAR).
- ITAR Classification: Most silencers and suppressors designed for firearms are listed on the U.S. Munitions List (USML) under Category I(a) or I(j) [cite: 22 CFR § 121.1]. This classification means they are considered defense articles.
- Prohibition Without DDTC License: Exporting silencers or suppressors, even temporarily for personal use on a hunting trip, without a specific export license issued by the Department of State’s Directorate of Defense Trade Controls (DDTC) is prohibited. This prohibition applies regardless of whether the firearm itself is permitted for export.
- Temporary Export of Suppressors: Even for temporary purposes, such as bringing a suppressor on a hunting trip abroad, a DDTC export license is typically required. The process for obtaining such a license can be complex and time-consuming. Travelers must apply for and receive this license before attempting to export the suppressor.
- Foreign Country Import Requirements: In addition to U.S. export requirements, travelers must also comply with the import laws of the destination country, which often have strict regulations or outright prohibitions on the importation of silencers and suppressors.
https://www.ecfr.gov/current/title-22/section-121.1
IV. Key Considerations for Travelers
- Declaration is Mandatory: All firearms, ammunition, and accessories being exported or imported must be declared to CBP officers. Failure to declare can result in seizure, fines, and criminal prosecution.
- Destination Country Laws: Always research and comply with the firearm and accessory import laws of your destination country. Many countries have strict regulations or prohibitions on items that are legal in the United States.
- ATF Requirements: For certain firearms and parts, specific ATF forms and approvals may be required for export.
- DDTC and BIS Licenses: If you intend to export firearms, ammunition, or especially silencers/suppressors, you must determine the correct regulatory jurisdiction (DDTC/ITAR or BIS/EAR) and obtain the necessary export license before departure.
- Silencers/Suppressors: It cannot be stressed enough that silencers and suppressors require a DDTC export license for any export, including temporary personal use. Do not assume that because you are taking a firearm legally, you can also take a suppressor.
Thank you,
David Wolfe