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Goodtymeguy
05-22-2009, 9:34 PM
I have lived in the US for the past 5 yrs under an I-94. I have purchased two handguns (Ruger P345-Sept 08 and a Ruger SR9-April 09). Each time I bought a handgun I needed entirely different documentation. It appears that no one knows exactly what I need and I always get the run around. I have been told the usual: Passport, D/L, Proof of residency (3 months worth of bills) and HSC. The last time I needed the usual plus I had to go out and get my californa hunting licence...which I did? I tried buying an AR-15 lower today and now I am told I need all of the above (Except HSC) plus 2 yrs worth of hunting licences? Does this make sense? Has anyone had any experiences similar or know exactly what I need to purchase my lower??

Ian
05-23-2009, 1:58 AM
i don't know if it's different for a non-citizen, but all I needed was the HSC, my license, and a utility/cable bill for the pistol...not 3 months of bills though...

for the stripped lower receiver, I needed to have whatever address on my DL to match with what I wrote down on the paperwork (had to go online to dmv site to update my address) since I've always used my address where I grew up.

they never asked me for a hunting license

bigthaiboy
05-23-2009, 3:00 AM
I say BS on the two years worth of hunting licenses. Your only requirement is to have documentation that you have been here over 90 days, and that you have a valid hunting license. Otherwise, having two years worth of hunting licenses requires you to be here a minimum of 13 months.

From Discount Gun Mart in San Diego FAQs:
http://www.discountgunmart.com/FAQs.html#q9

Question 9) I am an Alien. Can I buy (or rent) a gun and/or ammunition?

Answer:

Yes. Resident aliens may possess, purchase & rent firearms & purchase ammunition. In certain cases, non-resident aliens may also.

To purchase, rent or possess firearms or ammunition, in the United States, aliens must satisfy special requirements. For firearms purchases, all aliens, both immigrant and non-immigrant, must provide documentation proving continuous resident status.

Documents to prove resident alien status are as follows:

i. “A” number must be provided on 4473, and DROS; copy of INS issued Alien registration card or Admission number (form I94W).

ii. Documented proof of continuous residency in CA for 90 days. Example: three consecutive utility bills in purchasers name, or three consecutive rent receipts.
Purchaser cannot have left the country in the last 90 days, even for a short visit.

In addition, non-immigrant aliens must meet one of these exemptions:

i. Nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a State in the United States.

ii. Nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

iii. Diplomats with diplomatic passports and permission from your Country's embassy.

iv. Officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department.

v. Foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business.

vi. Persons who have received a waiver from the prohibition from the U.S. Attorney General.

B Strong
05-23-2009, 5:22 AM
I have lived in the US for the past 5 yrs under an I-94. I have purchased two handguns (Ruger P345-Sept 08 and a Ruger SR9-April 09). Each time I bought a handgun I needed entirely different documentation. It appears that no one knows exactly what I need and I always get the run around. I have been told the usual: Passport, D/L, Proof of residency (3 months worth of bills) and HSC. The last time I needed the usual plus I had to go out and get my californa hunting licence...which I did? I tried buying an AR-15 lower today and now I am told I need all of the above (Except HSC) plus 2 yrs worth of hunting licences? Does this make sense? Has anyone had any experiences similar or know exactly what I need to purchase my lower??

Nonsense. I've never heard of any requirement in California for the possession of a hunting license to complete a firearms purchase.

Contact the state BOF and the ATF for the real answer, get it in writing, and bring it with you when you go to purchase a firearm.

bigthaiboy
05-23-2009, 6:35 AM
Sorry, you definitely need a valid hunting license if you a non-immigrant alien. This exemption is to permit people living temporarily in the US to obtain a firearm for sporting purposes, ie competition shooting and hunting. The exemption is in 18 USC 922(y).

hkusp9c
05-23-2009, 6:40 AM
I'm sure there's a section in DOJ website for non-US citizens

4 Brigada
05-23-2009, 7:37 AM
This exemption is to permit people living temporarily in the US to obtain a firearm for sporting purposes, ie competition shooting and hunting.

Pretty much standard in all countries as well. Before you even bring guns in to hunt or to compete , you need a license or in the case of competition competitor card from a shooting association or committee and be registered for the event. In some places you must declare any ammo that you bring in because when you leave you must account for (have with you) the non expended and the spent cases.

Goodtymeguy
05-23-2009, 7:41 AM
Thanks guys. One more question; I just received my Hunter's Education Program Certificate a short time ago, so does it matter which valid hunting licence (wild pig?) i have as I haven't purchased any individual licenses yet?

Goodtymeguy
05-23-2009, 7:48 AM
Found this on the CA Bureau of Firearms Page.

What is the process for purchasing a firearm in California?
All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

(PC Section 12071)

thefurball
05-23-2009, 9:55 AM
Try a different shop.

bigthaiboy
05-23-2009, 11:53 AM
Thanks guys. One more question; I just received my Hunter's Education Program Certificate a short time ago, so does it matter which valid hunting licence (wild pig?) i have as I haven't purchased any individual licenses yet?

You just need to purchase the Resident Hunting License for $41.20, then you're good to go. You don't need to purchase the game tags for the animal you want to hunt until prior to actually going hunting. You can get the hunting license and tags at Walmart, Big 5, Turners, etc.

JSH
05-23-2009, 10:15 PM
The following are the docs you need as Non-resident alien (from my personal experience and others I know, confirmed with CA DOJ and BATF, and accepted by various gun shops):

1. For Handgun: CA DL, Passport, I-94, proof of residence--most popular is most recent 3 month consecutive utility bills or valid DMV vehicle registration, valid Hunting License, HSC.

2. For long gun(including lower receiver to be DROSed as long gun): CA DL, Passport, I-94, proof of residence--most popular is most recent 3 month consecutive utility bills or valid DMV vehicle registration, valid Hunting License.

CA Hunting License only valid for one year, not two years.

Some gun shops might not sell firearms to Non-citizen. Found a shop willing to work with you and know the law. Gun shop can always call CA DOJ and BATF to learn and get more information, if they are not comfortable with the docs but still want to help you. Here in OC there are quite a few dealers friendly to Non-Citizens and really understand the law.