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  • gose
    Veteran Member
    • Oct 2005
    • 3952

    Exporting gun parts

    Quite a few companies have a disclaimer you have to agree to when buying stuff online, which basically says that you certify that you will not export the items in question.
    However, if the parts can legally be exported without an export permit and the total value is under $100 (and thus not requiring an export permit), what are the legal implications of exporting the parts that you just bought?
    Since you're not breaking any state and federal law by doing so, it looks to me as if you're only breaking the "contract" you signed with the company...
    I therefor assume you can get sued by the company for breaking the "contract", but apart from that?
    With Oden on our side.
  • #2
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27621

    Just watch out what is/isn't exportable, and what that $100 threshold really is.

    Is that $100 threshold established when the part is new, or did that $40 new-in-wrap surplus part of yours had an astronomically higher value just a few years ago?

    I don't think some little gun co is gonna waste time suing you for contract compliance issues on one part. That's boilerplate to protect them from other things...

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

    Comment

    • #3
      gose
      Veteran Member
      • Oct 2005
      • 3952

      Originally posted by bwiese
      Just watch out what is/isn't exportable, and what that $100 threshold really is.
      Is that $100 threshold established when the part is new, or did that $40 new-in-wrap surplus part of yours had an astronomically higher value just a few years ago?
      I don't think some little gun co is gonna waste time suing you for contract compliance issues on one part. That's boilerplate to protect them from other things...
      That's pretty much what I thought as well, but it's always nice to get a second opinion (especially when it's the same as yours )

      Thanks
      With Oden on our side.

      Comment

      • #4
        gn3hz3ku1*
        Veteran Member
        • Jul 2006
        • 4276

        i think it might be a better cover our own arse disclaimer if the customer decides to take their stuff such as an eotech out of conus

        Comment

        • #5
          dw1784
          Senior Member
          • May 2006
          • 705

          if this is a gun part, suggest you read United States Munitions list on what is covered and exportable.

          US Customs and Border Patrol may require a Shipper's Export Declaration form:


          if you're using a freight forewarding company, ask for their EIN(their ID#) that you'll need on the declaration.

          for ref, http://www.cbp.gov/xp/cgov/export/

          finally, the "$100" figure is an arbitrary number, it's an amount you asses on said property. It may be a pile of scrap metal to you, but it may be very valuable to a foreign country. In the eyes of CBP, you still need to pay your taxes and fees. Even if it's a negligible amount, documentation is VERY important these days.

          Be safe.

          Comment

          • #6
            johnny_22
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Oct 2005
            • 2180

            http://chaos.fedworld.gov/bxa/prohib.html

            I recommend checking the lists as to who and where you send anything. I get to check these lists before I send any electronic samples for my employer. There are obvious countries that you can't export equipment to, and then some that are "friends", but, not, as much as you expect.

            http://www.bis.doc.gov/ComplianceAnd...stsToCheck.htm (works better)

            One company in Hayward was busted for selling oscilloscopes to Israel (declared at the wrong frequency). You would think Israel was OK for anything, but METRIC TEST ended up paying a fine and loss of exporting anything for a few years.

            Ruger is used in an example of what not to do in exporting on one example document. https://www.bis.doc.gov/enforcement/...isHappen2U.pdf
            Last edited by johnny_22; 03-13-2007, 4:15 PM. Reason: link is incorrect
            Please, join the NRA.
            sigpic

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            • #7
              gose
              Veteran Member
              • Oct 2005
              • 3952

              Unfortunately I've been in contact with ATF regarding import and export questions more times than I can remember over the last year, so I'm pretty updated on the laws in that area. My main concern was if anything comes into play after committing to not exporting it.

              I think I've got it figured out now though
              With Oden on our side.

              Comment

              • #8
                bwiese
                I need a LIFE!!
                • Oct 2005
                • 27621

                Originally posted by gose
                Unfortunately I've been in contact with ATF regarding import and export questions more times than I can remember over the last year, so I'm pretty updated on the laws in that area. My main concern was if anything comes into play after committing to not exporting it.
                Actually the State Dept. controls "ITAR" (Int'l Trafficking in Arms Regulations).

                You may have to keep both ATF and State Dept happy...

                Bill Wiese
                San Jose, CA

                CGF Board Member / NRA Benefactor Life Member / CRPA life member
                sigpic
                No postings of mine here, unless otherwise specifically noted, are
                to be construed as formal or informal positions of the Calguns.Net
                ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                employer. No posts of mine on Calguns are to be construed as
                legal advice, which can only be given by a lawyer.

                Comment

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