Last May I told of the risks posed to us by International Traffic in Arms Regulations (ITAR).
Yesterday I received an email from a friend who is a NRA Instructor who had concerns about the implications. He wanted more information so I had a long chat with my “source” last night. He is a lawyer and he got the advice from another lawyer to “Not get involved.” This is a very risky area. When Hillary was head of the State Department there wasn’t a problem. But with Kerry things changed.
He contacted the Department of State and asked about Basic Firearm Safety training. He wanted to know if this was considered regulated under ITAR. The answer came back, “Yes.”
The law, as written, is very broad. Strictly speaking; telling a foreigner the NRA three safety rules could be construed as a felony. All firearms are considered munitions and cannot be exported without a license. Hence telling someone how to load the magazine of a Ruger Mark III is training someone on the use of export controlled munitions.
http://www.law.cornell.edu/cfr/text/22/120.10
http://www.law.cornell.edu/cfr/text/22/120.16
http://www.law.cornell.edu/cfr/text/22/120.17
The advice is to not teach foreigners anything about firearms. This is also the advice from the NRA. From the NRA Instructors website:
NRA cannot provide any assistance in training foreign persons due to conflicting information from the U.S. Government regarding regulations pertinent to foreign persons and arms training. NRA cannot process any requests for assistance in training foreign persons. In view of the above, we regret to inform you that NRA cannot renew NRA firearm trainer credentials for any foreign national.
This is not good.
But what is “a foreign person”? My source emailed me the following “cheat sheet” to answer the question:
|
Status |
Can Possess? | Can Train? |
|
US Citizen or National (not otherwise prohibited) |
Yes | Yes |
|
Permanent resident (Green Card) |
Yes | Yes |
|
Tourist visa or waiver |
Yes | No |
|
Non-immigrant visa (H-1B, J-1 etc.) |
No | No |
|
Non-immigrant visa with valid hunting license or admitted for lawful hunting or sporting purposes |
Yes | No |
I reported back to my friendly neighborhood NRA instructor, he replied with more than a little concern and anger about the situation and then I watched as the hits accumulated on my web page from last May.
As my source told me last night, “I used to think we would all be sent to prison because DMCA violations. Now I think it’s going to be because of ITAR.”