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From: David Mader
To: Canadian Consulate, New York
Re: Question Regarding Authorization to Acquire a Firearm

Hello,

I’m a Canadian citizen residing in New Jersey, currently on a non-immigrant NAFTA (TN) permit.  Pursuant to United States law, non-immigrants in my situation are prohibited from acquiring firearms; however, a non-immigrant may obtain a waiver of this prohibition by petitioning the Attorney General of the United States and submitting, inter alia, “a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition.”  18 U.S.C. §922(y)(3)(B)(ii).

I haven’t been able to locate any published criteria by which the consulate would issue such an authorization.  Would you please tell me whether the consulate (or the Department more generally) has a policy regarding such authorizations, and if so, would you please forward me a copy of any such policy?

Thank you very much,

David Mader

From: Canadian Consulate, New York
To: David Mader

Dear Mr. Mader:

After lengthy inquiries regarding your request, we believe that the first step would be for you to contact the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to find out what they specifically require from both an applicant and their foreign government in order for them to consider such an application and whether an individual in your particular visa situation would be eligible to petition for a waiver.

Sincerely,

Consular Section

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