CARRYING
AMMUNITION ON COMMERCIAL FLIGHTS AS CHECKED LUGGAGE
(Whether
flying domestically within
Australia
or overseas)
by
Gerard Dutton - ACCA National Legislation Officer
Introduction
Some
confusion still exists amongst ACCA members on how to legally take ammunition
with them on commercial flights. From the outset, it is important to understand
that the term “ammunition” refers to small arms cartridges fitted with inert
bullets. Anything else such as military ordnance or what could be considered
special purpose cartridges (tracer, incendiary and so on) falls outside the
scope of this article.
There
are a number of rules and regulations to follow so I have prepared the following
information as a guide for members, should they wish to take ammunition with
them in their checked luggage on commercially operated aircraft. This article is
therefore primarily focused at ACCA members who are flying around
Australia
who have cartridges or cartridge components with them. Domestic air travel will
be used by many more ACCA members than international air travel, so the part on
taking ammunition on internal flights, with the associated airline regulations
that apply, is therefore the most pertinent and applicable aspect of this
article. As you will soon see, taking ammunition on commercial flights is not a
straightforward affair.
However, if you are considering flying overseas, perhaps to attend a cartridge
collectors meeting in another country, you will need to consider many
more crucial issues. There are quite a number of legislative requirements, at
both the State and Federal level, to comply with when taking ammunition with you
into or out of
Australia
. Admittedly, it is a little complicated and there are a number of steps
you’ll need to take to gain the necessary approval. So the second part of the
article deals with Customs Regulations and the requirements of the
State/Territory police Firearms Registries that apply to personally conveying
ammunition into and out of the country.
This information only applies to the carriage of ammunition, NOT including
firearms. Taking ammunition and firearms
adds another level of complexity that I will not delve into at this time and any
members wanting to export firearms at the same time will need to explore this
separately. Freighting ammunition separately is also not covered in this article
so should members wish to do this, whether within
Australia
or overseas, you will need to discuss this with the intended freight carrier as
a number do refuse to carry goods considered dangerous, including ammunition.
Members will again need to thoroughly research this aspect themselves with
various freight companies and government authorities if this avenue is
contemplated.
A final point – this information is meant as a guide and neither the author
nor the ACCA presume it to be comprehensive for every situation. As always,
individual members must take personal responsibility for their actions by
ensuring that they have been thorough in their preparations before travelling by
air, based on their own circumstances at the time.
Airline
Issues
The most important consideration is whether the airline you
are travelling with will allow travellers to take ammunition in their checked
luggage. You will need to ascertain what the situation is with your intended
airline before booking your travel if
you wish to take cartridges.
There
are no airlines worldwide, as far as I’m aware, that allow customers to take
ammunition in cabin baggage for the obvious reason. In any case, this is
prohibited by the International
Aviation Transport Association (IATA) Dangerous Goods Regulations. My advice is
never to take anything remotely ammunition related in your hand luggage. You are
asking for grief if that odd looking reloading tool is identified on X-ray, or
if that old powder flask or tin has a few grains of blackpowder still in it.
It’s recommended you put everything ammunition related in your checked
luggage.
The fact you are carrying ammunition must
always be declared to counter staff when you check your luggage in!
Additionally, always give yourself much more time to check-in than you think is
necessary. I’d suggest allowing at least ninety minutes for domestic flights
and four hours for international flights. Additional security checks since the
terrorist attacks in the
USA
can be very time consuming as anyone who has flown overseas in recent years can
attest. If you strike problems, you certainly don’t want the added pressure of
your departure time looming whilst working it out with airline staff.
Never raise your voice with check-in
or become overly argumentative, lest you be dragged off by security. Don’t
think I am being overly dramatic here as I am not. They have no sense of humour
and they will not abide by behaviour they think is at all threatening or
remotely abusive. Remember, even just saying the word “bomb” in an airport
precinct will possibly get you arrested, so a similar fate may befall you if
airline staff complain you are “acting strangely” whilst carrying
ammunition. Always stay calm and speak quietly but firmly, even if the person
you are dealing with is being unreasonable. Ask politely to see a supervisor in
those instances.
Most commercial
airlines, as far as I’m aware, are all signatories to the IATA Dangerous Goods
Regulations, currently in its 51st edition (2010). This
document of over 1,000 pages is prepared to give guidance and provide procedures
and minimum requirements for companies conveying hazardous cargo by air.
The Regulations regarding cartridges appear in various sections of that
document. In this part on air travel I have quoted some of the pages that are
relevant. If you are a passenger travelling with luggage, it is summed up as
follows:
Page
14; section
2.3.2
Goods
Acceptable with Operator Approval, as Checked Baggage Only.
2.3.2.1 Ammunition: Securely packaged ammunition (cartridges for weapons, small arms) in
Division 1.4S, (UN 0012 or UN 0014 only), in quantities not exceeding 5kg (11
lb) gross weight per person for that person’s own use, excluding ammunition
with explosive or incendiary projectiles. Allowances for more than one passenger
must not be combined into one or more packages.
Some,
but certainly not all airlines, allow the maximum of 5kg of ammunition, per
person in your checked baggage. If travelling with your partner, the Regulations
clearly don’t allow you to take one 10kg parcel for both of you. Prepare two
5kg parcels if you wish to take advantage of the extra 5kg allowance for your
travelling partner and pack these in each of your bags separately.
There are two matters to note from the Section quoted above. Firstly the term
‘sporting ammunition’ or ‘for sporting purpose’ has now been dropped.
Secondly there is no requirement for ‘original packaging’. The matter of
original packaging has been bandied about for a long time, but in reality there
has been no such requirement as far as IATA are concerned. Some airline staff
will tell you differently and it is undoubtedly due to their own internal rules
for carriage of such items. Despite what the IATA Regulations state, airlines
can and do make their own internal policies and rules on all sorts of issues,
including carriage of ammunition. To
avoid argument, just use new original factory packaging if you don’t have the
original.
Of course with collectable ammunition, often the original factory packaging is
not available - I really wish I did have the original packet for those .32
calibre teat-fire or 14 gauge cartridges! Quite obviously, a pristine old paper
string tied packet of .303 cartridges from 1902, despite coming from the factory
that way, is not as well packed as a modern box with a foam insert and recess
for each individual cartridge. So don’t even bother arguing with airline staff
that your packet of .303s actually are in their original packaging, the
important issue for them is that the cartridges are all well supported, without
movement. Use common sense and pack them all carefully, separated from other
packets or cartridges with foam or other soft material.
For
metallics, I suggest using a modern packet with a foam insert of a similar
nominal calibre so each cartridge is well protected. Old shot shells could also
be packaged in a modern box head to tail. If boxes aren’t filled, firmly pack
the remaining space with some sort of soft packing material like tissues or foam
blocks. Whatever you do, don’t have any cartridges loose in a plastic bag or
packaged in some other unthoughtful manner. That will definitely raise the ire
of airline employees if they ask to see them at check-in and they do – I have
experienced this numerous times. They are well within their rights to refuse to
carry them if it is considered they aren’t packaged correctly.
For
extra security, I personally use an outer wooden or steel box that is lockable
as I have also experienced some troubles due to my checked luggage being of a
soft type. If you don’t use an inner lockable container, make sure your
checked luggage is of a hard case type that is able to be locked. Remember to
take some spare duct tape so you can easily reseal your internal box if an
inspection takes place.
Page 89 of the IATA Regulations describe Hazard Classes, with Class 1 –
Explosives including “Articles and substances presenting no significant
hazard”. It states: “Only explosives in Division 1.4, compatibility class S
are permitted on passenger aircraft.” Section 3.1.3.4 defines the definition
of the letter S:
Articles & substances that
present no significant hazard. This division comprises articles &
substances, which present only a small hazard in the event of ignition or
initiation during transport. The effects are largely confined to the package
& no projection of fragments of appreciable size or range is to be expected.
An external fire must not cause virtually instantaneous explosion of almost the
entire contents of the package.
Note:
Articles & substances in this division are placed in Compatibility Group
S when they are so packed or designed that any hazardous effects arising
from accidental functioning are confined within the package unless the package
has been degraded by fire, in which case all blast or projection effects are
limited to the extent that they do not significantly hinder fire-fighting or
other emergency response efforts in the immediate vicinity of the package.
Page
709 defines Cartridges, Small Arms as:
Ammunition consisting of
a cartridge case fitted with a centre or rimfire primer & containing both a
propelling charge & solid projectile(s). They are designed to be fired in
weapons of caliber not larger than 19.1
mm. Shotgun cartridges of any caliber are included in this definition. The
term excludes cartridges, small arms, blank which are listed separately &
some small arms cartridges which are listed under Cartridges for weapons, inert
projectile.
Interestingly,
blanks are not included in the definition above. Page 141 has
a list of Dangerous Goods which states that incendiary,
smoke, tear-producing, smoke, white phosphorous etc are totally forbidden on
passenger aircraft. Many are forbidden even on cargo aircraft. In essence this
relates to ammunition without an inert projectile. So be very careful that you
don’t inadvertently pack cartridges fitted with explosive projectiles, tracer
bullets and so on. Anything other than an inert bullet will undoubtedly be
problematic. If in doubt, ensure you check and get written authorisation for
anything that could be deemed out of the ordinary.
The following check list should cover most situations. Most of these have been
touched upon but they are worth repeating:
1.
You can carry in your
checked luggage, suitably packed: All cartridges that are not larger than 19.1
mm in diameter or calibre (and that do not fall into the prohibited schedule),
on the basis that they are small arms sporting cartridges with inert
projectiles.
2.
The airline concerned
must give its consent (preferably in writing for your peace of mind) prior to
flying. This consent can be sought by contacting the specific airline’s
Operations Manager at the airport where you are departing. It is strongly
recommended that you write to this person, requesting the airline’s
consent.
3.
Should you be
travelling with your partner and two children, the IATA Dangerous Goods
Regulations allow for the carriage of a maximum of 5kg of (UN 0012 or UN 0014)
cartridges per person. If you have packed four 5kg packages, you may have
difficulty explaining how your six month old daughter and two year old son are
cartridge collectors however. Be sensible about this aspect.
4.
There is an erroneous
misunderstanding that a passenger may carry 5kg of cartridges in each suitcase
that the passenger has with him. This is incorrect and a direct breach of the
IATA Dangerous Goods Regulations, so don’t even try.
5.
The gross weight of
the cartridges should not exceed 5kg (11 lbs). You may be asked to sign a
document that contains a luggage tag. This signed luggage tag will be attached
to your suitcase and is a declaration that you have done all necessary paperwork
and that you are not exceeding the 5kg limit. Sometimes you may need to collect
any luggage containing ammunition from your airlines oversize or special luggage
area, not from the normal baggage carousel. Again, there seems to be no
consistency here – I’ve had to collect my luggage from both the carousel and
the special luggage area from the same airlines.
6.
A sturdy container,
preferably lockable should be used to pack the cartridges. Perhaps line it with
bubble wrap and ensure there is no contact between individual cartridges or
packets. Fill any space remaining with soft packing. This method has been found
acceptable by airlines in the experience of those ACCA members who have done it
that way. If the actual container containing ammunition is not lockable, the lid
needs to be sealed down using duct tape. Keep a roll of tape in the suitcase to
reseal it because if you are required to open the container for inspection, you
have the immediate means to reseal it. If your ammunition container is not able
to be locked, ensure your luggage is of a hard case type and lockable.
7.
The
cartridges/projectiles should never fall within the definition of prohibited, ie.
containing explosive or incendiary projectiles etc.
8.
Remember that you are
carrying, or wish to take with you UN 0012 Cartridges for weapons, inert
projectile(s), Class 1.4 S. You may or may not wish to add that these are
sporting or safety cartridges, or even obsolete collector’s cartridges.
9.
You can expect your
suitcase to be x-rayed more than once during its travel. If queried about
cartridges in your luggage, have all your correct paperwork handy in your
carry-on bag. Many domestic airports and certainly all international
airports have explosive sniffer dogs. Should a well-trained dog go near your
suitcase, it may pick up the scent of propellant, especially if you have been
reloading or handling it recently. Traces of propellant may remain on your
clothing or in your shoes. If your clothing is swab tested and reads positive
for explosives, you will at the very least be delayed for some time whilst you
explain this positive reading. This happened to me once and it took over an hour
to sort out. Because I was at the airport with plenty of time to spare I
didn’t miss my flight. This is where your letter of acknowledgment from the
airline will be very useful.
10.
A new issue has now
come to light. Many airlines now have to apply to fly through or over the
airspace of other countries. Where the aircraft is carrying ammunition or
firearms, the airline must seek permission (if required to do so) from the
country concerned. Any person flying with cartridges should enquire from their
airline well before departure whether or not any country that the plane is
landing in, even if you are only “in transit, has a blanket ban on ammunition
coming into that country. Failure to do this may well result in the airline
refusing to carry your cartridges at the time that you check in.
One
ACCA member who has regularly travelled abroad with ammunition states that when
booking his flights overseas, if possible he tries to avoid arriving and
departing on weekends or out of office hours. There is a much greater chance of
striking problems with inexperienced or junior staff at those times. This makes
sense but sometimes the flights you need may not mesh properly to allow that,
especially if travelling on a number of legs. But if you have the option to
leave and arrive during office hours on a week day, it is definitely worth
considering.
To
finish with this part on airlines, in my experience over the years taking
ammunition with me on various flights and from speaking with ACCA members who
have done so, you can have an easy run or a nightmare; it is often entirely
dependent on the airline staff you are dealing with on that day. Despite the
fact that it is obvious that airline staff and indeed many Customs employees (if
flying internationally) could use some development and training in this area,
that won’t help you at the time. Also, pointing out this fact to staff will
not endear them to you.
So whatever airline you end up using, keep the time, date, name and phone
numbers from any individuals from their security or operations area that you
spoke to and keep a copy handy of their regulations (or letter of authority
granted by them) stipulating their requirements for carriage of ammunition. If
you can produce this if asked, it should help when you strike an airline
employee who is ignorant about this topic, which is unfortunately a common
occurrence.
There is certainly a lack of any consistency in the quality and accuracy of the
information given, even with employees from the same airline. This is why I
stress that you should always keep the details of those officials you speak to.
If you are given erroneous information, you will have far more credibility if
you can say, “I spoke with a Peter Williams from your Security Section on the
morning of Wednesday 5 March and he told me….” than just stating, “I spoke
to some male staff member a few weeks ago and they told me…” Ensure you take
all the necessary precautions and you will minimise the potential for
experiencing problems.
If you feel you have done everything correctly but are still getting short
thrift from airline counter staff, don’t be afraid to ask to speak to someone
higher in authority. Problems can usually be resolved if the counter staff are
relieved of making a decision as someone more senior is then responsible.
This next section deals with the state and federal laws and regulations that
apply to taking ammunition with you into and out of
Australia
. All of the aforementioned information regarding flying with ammunition will,
of course, still apply in conjunction with the following.
Personally
Taking Ammunition with you INTO
Australia
on a Commercial Flight
The
following information was taken verbatim from the Australian Customs and Border
Protection Service fact sheet titled “Importing
Ammunition and Firearm Magazines”, dated April 2009. It is a document
available to the public from their website:
www.customs.gov.au
and as such I was given permission to reproduce it for this article. I
have left out the section on magazines from that fact sheet as it is not
directly or normally relevant to ACCA members:
The importation of ammunition (including components) and magazines is
controlled under the Customs (Prohibited
Imports) Regulations 1956 (the Regulations). Importers must obtain
permission to bring firearms into
Australia
.
Ammunition and Components of Ammunition
To import ammunition and components of ammunition into
Australia
, importers must first obtain written authorisation from the police firearms or
weapons registry in their State or Territory, the Commonwealth
Attorney-General’s Department or the Minister for Home Affairs.
Ammunition for use with firearms, also known as rounds, bullets, and cartridges,
is controlled under the Regulations. This includes ammunition for paintball
markers, soft air (BB) pellets as well as ball or shot projectiles for muzzle
loading firearms.
Components of ammunition include projectiles, cartridge casings, whether new or
spent, and primers designed or adapted for use in ammunition are also controlled
under the Regulations and require permission to import.
Police Authorisation
To import general purpose ammunition and components into
Australia
, the authorisation will be in the form of a B709A
Importation of Firearms – Police Confirmation and Certification Form
(B709A Form).
When imported with a long-arm that has also been authorised by the police
firearms or weapons registry, the ammunition may be listed on the same B709A
Form as the long-arm.
Please Note
The above information does not apply to specialised ammunition and
components such as the following:
-
Tracer
-
Frangible
-
Explosive
-
Incendiary
-
Armour Piercing
-
Penetrator
-
Saboted Light Armour
Piercing (SLAP)
-
Flechette
-
Handgun ammunition
that is designed, advertised or capable of defeating soft body armour or
opaque, glazed or bullet resistant material.
To import these types of ammunition, permission must be obtained from the
Commonwealth Attorney-General’s Department.
Attorney-General’s Permission
To import special purpose ammunition and components into
Australia
, written permission must be obtained from the Commonwealth Attorney-General’s
Department. The importation of such firearms must meet one of the following
criteria:
-
Government use
(official purposes)
-
For repair,
modification, testing, training, government contract or certain other
project or tender, or for use in the production of a film, for transhipment
or for use by a foreign defence force in a defence-sanctioned activity
(specified purposes)
-
For use by
professional rural pest controllers (specified person)
-
The importer is a
proved researcher or developer of firearms or related defence and law
enforcement products and the article is being imported for the completion of
a project or tender,
-
Previously exported
firearms returning to
Australia
(returned goods)
The original permission must be presented to Customs and Border Protection at or
before importation.
[Author’s
note: I presume the word “firearms” in the second sentence under this
heading is an error and should read: ammunition/ammunition components, or at
least include ammunition and ammunition components.]
Ministerial Permission
Ammunition greater than .50” calibre (or 12.7mm) is controlled under
Schedule 2 of the Regulations. To import these goods into
Australia
, importers must obtain written authorisation to import from the Minister for
Home Affairs. This does not include ammunition for shotguns or black powder. See
the Importing Exporting Warfare Items fact
sheet about these goods.
Further Information
Penalty: The maximum penalty for importing these goods without import
approval is a penalty not exceeding $275,000, imprisonment for ten years, or
both.
To export ammunition, components of ammunition, or firearm magazines, see the Exporting
Firearms and Related Goods fact sheet.
Contacts
Contact details of the police firearms and weapon registries and the
Commonwealth Attorney-General’s Department can be found on the Firearms
and Weapons Information Contacts fact sheet.
[Author’s
note: These contacts are reproduced from that fact sheet below, dated October
2008]
State Phone
Email
Web address
ACT (02)
6256 7747
ACTFirearmsRegistry@afp.gov.au
www.afp.gov.au
NSW 1300
362 562
firearmsenq@police.nsw.gov.au
www.police.nsw.gov.au
NT
(08) 8922 3541
firearmsregistry@pfes.nt.gov.au
www.nt.gov.au/pfes
QLD
(07) 3015 7777
weaponslicensing@police.qld.gov.au
www.police.qld.gov.au
SA
(08) 8204 2495
SAPOL.FirearmsBranch@police.sa.gov.au www.sapolice.sa.gov.au
TAS
(03) 6230 2720
firearms@police.tas.gov.au
www.police.tas.gov.au
VIC
1300 651 645
licensingservices@police.vic.gov.au
www.police.vic.gov.au
WA
(08) 9223 7000
firearms.branch@police.wa.gov.au
www.police.wa.gov.au
Department of Defence
Defence Export Control Office (DECO)
Phone: 1800 661 066
Fax: 02 6266 2997
Website: www.defence.gov.au/strategy/deco
Email: deco@defence.gov.au
Commonwealth Attorney-General’s Department
Firearms Unit
Phone: 02 6250 6730
Fax: 02 6250 5910
Email: firearms@ag.gov.au
For More Information
For information on any Customs and Border Protection matter, contact the
Customs Information and Support Centre on 1300 363 263 or email information@customs.gov.au
or browse the website www.customs.gov.au
Several final notes on importing: I once returned to
Australia
with ammunition but did not have time before I left to organise the police
B709A form. Upon arrival I declared to Customs that I had a small amount of
ammunition which of course was kept and they issued me a detailed and itemised
receipt. They will keep seized items for a period to allow you to arrange the
necessary permit/s, but if this is not forthcoming, ultimately the items will be
destroyed. I was able to arrange the paperwork later but my problem was that my
ammunition was in
Sydney
, whilst I was in
Hobart
. Customs will send seized items to other capital cities, but at your
considerable expense, not theirs! Fortunately I was able to retrieve the items
on a return trip to
Sydney
within the six month time frame. As Melbourne or Sydney are the most common
international departure points and most ACCA members don’t live in those two
cities, you will need to remember this if you return to Australia without the
appropriate paperwork.
A second consideration for collectors is that most times we have no idea what we
will be bringing back into the country. It is impossible to know ahead of time
what we may find at a gunshow, or from another collector, at a cartridge
collectors meeting and so on, so how can the B709A form be filled out correctly
before we leave? Obviously this has the potential to create difficulties.
Customs officials can be often quite pedantic and if you have 79 assorted
cartridges with you; they will probably want to see your B709A form stating
exactly what those 79 cartridges are.
In the past I have personally stated on my B709A form a generic description,
such as “500 small arms sporting cartridges of various calibres, fitted with
inert projectiles”. This way I was able to return with a maximum of 500
cartridges - provided they weighed under 5kg of course! Ten packets of .22’s
will easily be under 5kg, but 500 big Nitro Express or 12 gauge cartridges
certainly won’t be!) If you bring back say 600 cartridges (remember this is
only two extra boxes of .22 rimfire), Customs will seize the surplus 100
cartridges and you will need to arrange another B709A form. So it is always best
to overestimate what you intend returning with than underestimate. Therefore
work out how many cartridges make up 5kg for your particular collecting
interests and state that on the form, allowing a little leeway.
I have had Customs officials ask me why my B709A is so generic in description
and they have to date been satisfied with my answer that as a collector, it is
impossible to know ahead of time what I may find. They usually write on their
paperwork exactly what you have as you pass through their checkpoint. I am aware
however that other collectors have had difficulties with their B709A form only
having a non-specific description; on those occasions the officials they dealt
with required each cartridge to be listed in detail. If this happens to you, you
will have to accept it and organise further paperwork from home.
Of course if you know you are only going to be bringing back say, one packet of
old 12 gauge cartridges from a fellow collector, you can state exactly what they
are. Otherwise the only alternative to recording a non-specific description is
to complete the B709A paperwork when you get back from your trip because only
then will you know exactly what you’ve brought back with you. That will mean,
of course, that you can’t take your ammunition home with you upon your return
to Australia, with the associated issues of having possible accidental damage
occasioned to sensitive or fragile items by a Customs officer, not to mention
having to collect it later. If you live well away from your port of return, it
may be an expensive exercise in time and money to retrieve it.
To
complicate things just a little further, although the Customs information given
above does not refer to this, if you are importing handgun cartridges
(ammunition for category H firearms), you will need a B709D
form. The B709A form is used for Category A, B and C firearms, parts,
accessories and so on, but the B709D form is for handguns and things related to
handguns. This will not be a problem if the cartridges you have with you are
also chambered in Category A, B or C firearms (for example .22 LR, .44-40, .357
Magnum etc) as there are long arms chambered in these calibres, as well as in
handguns. But if you have a packet of .25 ACP or obsolete .35 S&W for
example, or any other cartridge that has only been chambered in a handgun (to my
knowledge no rifle has ever been chambered in these two calibres), then you’ll
need to ensure you fill out the correct form.
Lastly,
if you have an Import Permit in someone else’s name and you are carrying that
item/s, (as often occurs when bringing something back for another collector) you
must have an Authorised Agent form
signed by that person, otherwise Customs will not release that item to you.
Personally
Taking Ammunition with you OUT OF
Australia
on a Commercial Flight
Critical
Point: Research the requirements of the country you are travelling to!
Physically
getting cartridges legally out of
Australia
is one thing but another vital consideration is: What are the applicable laws
and regulations regarding taking ammunition into the country you are travelling
to? It is not only the issue of taking them into that country from their
national perspective, what about individual state or province laws regarding
possession of ammunition by a foreigner whilst travelling? What do their laws
state about security and carriage of the ammunition? There are numerous
questions needing answers and these are well outside the scope of this article.
It will vary widely all over the world so you will need to contact the embassy,
consulate or mission of the country you are travelling to and find out what is
required re permits and paperwork. Failure to do so will result at the very
minimum of having your cartridges confiscated, and at the worst could result in
you being charged, fined, or even gaoled! Ignorance is not a defence and many
countries don’t have a justice system anywhere near as accommodating as we
have in
Australia
. Don’t risk it!
I am aware that an ACCA member recently had trouble transiting in
Singapore
where he was merely changing flights and not even leaving the airport precinct
or collecting his checked luggage! Many Asian countries have particularly
stringent rules about possessing ammunition and you may strike difficulties,
even if you are only stopping to refuel. It is important that if you are
changing flights or landing in any country en route to your destination, you
must check this situation with their embassy/consulate and the airline well
before travel. It seems ridiculous that this is the case but it is futile to
argue the merits of their laws; all you can do is obey them. If that sounds like
it’s too hard, then simply choose another airline that doesn’t refuel or
otherwise land in that particular country en-route to your final destination.
Again,
the following information was taken verbatim from the Australian Customs and
Border Protection Service fact sheet titled “Australian
Controls for the Export of Firearms”, dated January 2008. It is a document
available to the public from their website:
www.customs.gov.au
and as such I was given permission to reproduce it for this article. Much
of this information relates to exporting firearms as well but the same processes
apply to exporting ammunition:
Exporting Firearms and Related Goods
The Australian Government monitors and controls the export of firearms
and related goods. The legislative
basis for controlling the export of such goods is Regulation 13E of the Customs
(Prohibited Exports) Regulations 1958, made under the Customs
Act 1901. Firearms, firearm
parts, accessories and ammunition, regardless of the state, age, completeness or
working condition, are subject to export controls under Commonwealth
legislation. To export an item
subject to these controls, the exporter must first obtain authorisation from a
delegated officer of the Australian Government.
Replica firearms, paintball firearms and air-soft (BB) firearms do not
require authorisation to export. However,
these are subject to import controls upon being re-imported into
Australia
and may be subject to import controls in other countries.
This brochure outlines the procedures and requirements for obtaining an
export permit.
EXPORT REQUIREMENTS
To take firearms and related goods out of
Australia
exporters must complete three main steps:
1.
Register as a client with Customs using a Client Registration Form;
2.
Lodge an Export Declaration; and
3.
Obtain either a Restricted Goods Permit (RGP) or a Defence Export Permit.
STEP ONE – CLIENT REGISTRATION
All exporters must first register as a client in the Integrated Cargo
System (ICS). To do this, exporters
must complete a B319 Registering as a
Client in the Integrated Cargo System Form.
This form is available at any Customs office or on the Customs website.
After lodging this form with Customs the exporter will be given a Customs
Client ID (CCID) or their ABN will be registered with Customs.
Exporters only need to complete this form once as they retain the same
CCID or ABN for all subsequent transactions with Customs.
STEP TWO – EXPORT DECLARATION
Exporters also require an Export Declaration Number (EDN).
To apply for an EDN exporters must complete a B957
Export Declaration Form. This
form is available at any Customs Office or on the Customs website.
STEP THREE – EXPORT PERMITS
Exporters must obtain an export permit.
There are two types of export permits for firearms and related goods:
-
Restricted Goods
Permit (RGP) – for the export by an individual of no more than four (4)
firearms leaving
Australia
as accompanied goods; for example, in passenger baggage; or
-
Defence Export Permit
– for the export of any amount of firearms and related goods.
A RESTRICTED GOODS PERMIT (RGP)
When an RGP can be issued
An RGP is a permit issued by Customs on behalf of the Department of
Defence to an individual to export lower-risk firearms for the purpose of:
-
Taking part in
overseas sporting shooters’ events
-
Hunting
-
For protection in
international waters against piracy
-
Re-exporting a firearm
that has been declared on import and where the individual is able to produce
relevant import approval documentation
An applicant will not be issued more than one RGP to cover the export of
more than four firearms. Lower risk firearms are those referred to as Category
A, B and H firearms under state and territory legislation. For example,
single-shot, double-barrel, lever-action or bolt-action shotguns as well as
repeating action, single-shot and double-barrel centre fire rifles can be
exported on an RGP. Semi-automatic pistols, revolvers and single-shot handguns
can also be exported on an RGP. Firearm parts, accessories and ammunition may be
exported using an RGP. Firearm parts, accessories and ammunition may be exported
using an RGP but only when those goods are being exported with the applicable
firearm(s).
Total quantities of ammunition per RGP are limited to the following:
An RGP may only include a reasonable quantity of firearm parts and accessories
for use with the firearm(s) being exported.
An RGP is only valid for 28 days from issue.
Goods must be exported within that time otherwise a new RGP must be
issued.
Circumstances where an RGP will not be
issued
RGP’s are not applicable for the export of goods under the following
categories:
-
Firearms not
accompanying the owner on the flight or vessel they are travelling on
-
Goods being exported
for repair, return, sale or as a gift
-
More than four (4)
firearms
-
Firearms classified as
Category C or D under state and territory legislation
-
Fully automatic
firearms
-
Firearms equal to or
greater than 0.50” (12.7mm) in calibre except shotguns.
-
Firearm parts, accessories or ammunition where the
goods are not accompanied by the principal firearm for which they are
designed for use.
-
Firearms going to a
destination that is subject to United nations embargo (see http://www.dfat.gov.au/un/unsc_sanctions/index.html)
-
Replica firearms,
paintball firearms and air-soft (BB) firearms, these do not require
permission to export.
-
Commercial exports
-
Consignments sent
through post, air or sea freight
-
Goods already
described on a Department of Defence export permit or licence
-
Re-export of a firearm
that has been declared on import and where the individual is not able to
produce relevant import approval documentation.
How to apply for an RGP
To apply for an RGP, exporters must complete a DEC07 Restricted Goods Permit (RGP) Form which can be obtained at
any Customs Office or on the Department of Defence website.
Exporters must then follow the procedure for lodging an RGP as discussed
below.
Lodging an RGP
Lodging an RGP includes:
-
Completing an Evidence of Identity check;
-
Producing a current firearms licence; and
-
Producing a Certificate(s) of Registration
(proof-of-ownership documents) for the firearm(s) to be exported to Customs.
An Evidence of Identity check requires 100 points of identification for
example, a passport, drivers licence, firearms licence or credit card.
Presented identification must include at least one current photo ID and
one signature ID.
Should the owner of the goods have a representative exporting the items on their
behalf, such as in the case of a sporting team manager, the representative or
agent must present the firearm owner’s documents at the time of application.
Once this process is complete Customs will process the RGP.
Lodgement and an Evidence of Identity check can be completed at either a Customs
Client Service Counter or with Customs at the International Terminal on the day
of departure. If departing on an
aircraft and completing this process with Customs on the day of departure, allow
an additional two hours prior to the check-in time required by the
travellers/exporters airline. Never
take any firearms or ammunition into any Customs Office other than the
International Terminal on the day of departure.
If departing via sea, ensure the documentation is lodged with Customs at eh same
time the Form 40 Application for Clearance
and Guarantee to pay Duty is lodged. Firearms
remain on the exporting vessel to enable Customs to seal them on board.
The RGP is not valid until the firearms and any associated goods listed on the
RGP have been physically examined by Customs on the day of departure as detailed
below. An RGP is only valid for 28
days. Contact the Customs
Information and Support Centre on 1300 363 263 to find the nearest Customs
Client Service Counter.
Verifying exports on an RGP
After an RGP has been lodged and authorised by Customs, the goods cannot
be taken out of
Australia
without Customs verifying the export. To
do this, exporters must approach Customs on the day of departure and present the
firearms and any related goods for physical inspection.
If taking a domestic flight first, check with the airline to ensure that
the firearms will be available for inspection by Customs at the airport of
departure from
Australia
. Exporters must present to Customs
their completed and authorised RGP and export declaration, along with
documentation verifying ownership, registration and licensing of firearms to be
exported. Customs will check the
goods against RGP by signing it and escorting the passenger to their airline
check-in, or if departing by sea, sealing the firearms on board the vessel on
the day of departure. Customs will
return the original copy of the authorised RGP to the passenger.
Exporters should note that if goods presented to Customs for inspection
do not match those described in the RGP, the RGP will not be validated and the
export will not proceed.
DEFENCE EXPORT PERMIT
A Defence Export Permit may be used to export all forms of firearms and
related goods including those where an RGP may be used.
Permits are valid for twelve months from issue and are issued by the
Defence Export Control Office (DECO), within the Department of Defence.
There are certain circumstances for which only a Defence Export Permit
can be used.
These include:
-
Exports of five (5) or more firearms
-
Unaccompanied exports; for example, goods being
exported as cargo or by courier
-
Exports of any amount of higher-risk or military
firearms including their parts, accessories, and ammunition.
This includes firearms referred to as Category C & D under State
and Territory legislation, firearms over 0.50” (12.7mm) calibre and all
automatic firearms
-
Any
firearm parts, accessories, sights, ammunition, magazines, etc being
exported without firearms
-
Firearms being exported for the purpose of repair,
return, sales or as a gift.
To apply for a Defence Export Permit exporters must complete a DEC01
Application to Export Controlled Goods
form which can be found on the Department of Defence website.
Non sensitive applications for Export Permits are generally processed
within 15 working days.
For further information about defence Export Permits contact DECO.
RGP QUICK GUIDE
Step One
Complete a B319 Registering as a Client
in the Integrated Cargo System Form
Lodge the form with Customs
Obtain a Customs Client ID (CCID) or if
applicable an ABN can be registered with Customs
Use the CCID or ABN for all subsequent
transactions with Customs.
(Must be completed before an EDN can be
generated)
Step Two
Complete a B957 Export Declaration Form
Lodge the form with Customs
Receive an Export Declaration number (EDN)
(May be completed anytime prior to
export)
Step Three
Complete an RGP Form and provide a completed form, plus all relevant
documents to Customs, including:
(May be completed up to 28 days prior to
departure)
Step Four
Prior to export present your RGP form along with the goods to Customs for
physical examination at the international port of departure.
EXPORT AUTHORISATION IS NOT VALID UNTIL AN EXAMINATION OF THE FIREARMS HAS BEEN
COMPLETED
Penalties apply for exporting without valid authorisation
(Can only be completed on the day of departure at the international port of
departure)
RE-IMPORTING FIREARMS
All exporters should retain a copy of their export permit (RGP or DECO
issued Export Permit) as this may exempt firearms returning to
Australia
from having to undergo safety testing by Customs.
All firearms returning to
Australia
must have import permission in order to be re-imported.
Information and fact sheets on importing firearms are available on the
Customs website.
IMPORTANT INFORMATION
Airlines have their own requirements and restrictions on carrying
firearms and ammunition on aircraft. It
is the exporter’s responsibility to confirm these requirements and notify
their airline that they will be transporting firearms and ammunition, before
leaving
Australia
.
OVERSEAS IMPORT APPROVAL FOR FIREARMS
Travellers should be aware that approval from authorities of the overseas
destination may be required to import firearms.
Advice should be sought from the relevant country embassy or mission
prior to travelling.
PENALTIES
Failure to obtain permission to export is an offence under section 233BAB
of the Customs Act 1901 and can
attract a penalty of up to A$275,000 and/or imprisonment for up to 10 years.
Failure to correctly enter goods that require a permit for export is an
offence under Section 113 of the Customs
Act 1901 and can attract a penalty of A$5500.
CONTACTS FOR FURTHER INFORMATION
Defence Export Control Office
Telephone 1800 66 10 66
Facsimile 02 6265 4583
E-mail deco@defence.gov.au
Website: http://www.defence.gov.au/strategy/deco
Australian Customs Service
Telephone: 1300 363 263
Email: weaponspolicy@customs.gov.au
Website: http://www.customs.gov.au
APPLICATION FORMS
Application forms for a Custom Client ID and Export Declaration can be
found at
www.customs.gov.au
The forms are identified as:
B319 Registering as a Client in the Integrated Cargo System Form
B957 Export Declaration Form
Application forms for an RGP or Defence Export Permit can be found at
http://www.defence.gov.au/strategy/deco
The forms are identified as:
DEC07 Restricted Goods Permit (RGP) Application
DEC01 Application to Export Controlled Goods
CONCLUSION
Some
readers may have picked up in the aforementioned section under the heading: Circumstances where an RPG will not be issued (7th dot point) that a Restricted Goods Permit (RPG) will not
be issued for “ammunition where the goods are not accompanied by the principal
firearm for which they are designed for use”. For collectors this will almost
always be the case. Therefore the form that needs to be filled out is the Defence
Export Permit. I point
this out to avoid any possible confusion.
After
reading all that, ACCA members could be excused for deciding not to bother
taking ammunition in or out of the country! There are certainly numerous hoops
to jump through, particularly when exporting ammunition. Importing cartridges is
comparatively easier but the bottom line remains that if you wish to take
ammunition into or out of
Australia
legally, then all the pre-requisite steps need to be followed. I do understand
why some members, including myself I might add, prefer taking only empty boxes,
packets and tins overseas as it negates all of the above mentioned red tape!
Despite
what I have outlined, members will still probably have many questions of various
government departments if they wish to travel abroad with ammunition. Take
advantage of the contact details included in this article and speak to as many
people as you need to. Again, it is so important to make a note of the time,
date, names and phone numbers of any people you talk to for future reference. I
also can’t stress enough that you keep any written authorisations with all
your other important travel documents such as your passport and tickets,
including some spare photocopies of them kept separately.
Finally,
remember that all the information provided here is a guide only. It is
impossible to outline what you must do as each situation for ACCA members when
travelling will certainly have many variables. The danger in outlining a rigid
set of points to follow is that someone will follow the advice to the letter
without making their own enquiries, then may be found to be wanting because of
something not taken into account due to their individual circumstances. I’d
rather not be the focus of their anger if their cartridges were seized or if
they experienced some other undesirable outcome. What I have attempted to do in
writing this article is to provide a broad framework for you to use as a
starting point. Now that this has been outlined, the rest is up to you.
Acknowledgements
Thanks
to Matt Thompson, Firearms and Weapons Section, Australian Customs and Border
Protection Service for providing information on importing/exporting cartridges
in the preparation of this article. A number of ACCA members also assisted with
some suggestions based on their travels. Particular thanks go to NZ member
Terry Castle
, a frequent traveller to our shores with ammunition, who provided the IATA
information. Terry commented on a number of things that should be included in
this article, based first hand on his numerous international travelling
experiences. Terry has also kindly offered to assist members with advice should
they wish to freight ammunition overseas independently; his contact details are
found in the ACCA address list.