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huck
09-12-2009, 9:33 PM
My friend is from Holland. He has an H1B-Visa, but is not a citizen. He owns a house here in California and has been residing here for a couple of years.

He wants to buy a handgun (because all his friends have one).

We have found this on the CA-DOJ page:

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.

Because he is an H1B visa holder, he has an I-94.

Some things we read say that he needs to get the Personal Firearms Eligibility Check (PFEC), but it seems to be unnecessary.

Any experts on this subject out there?

Dont Tread on Me
09-12-2009, 9:38 PM
This is going back ten years, but when I was on a H1B I needed a hunting license to buy a handgun which I did successfully many times:)

huck
09-12-2009, 9:48 PM
Thanks DToM. I saw something about that, but I assumed it applied to buying ammo.

Glock22Fan
09-12-2009, 10:14 PM
Back when I was a legal resident, just had to get whatever the HSC was called then. Can't remember what I showed, because they never got around to giving me the actual green card before I got my citizenship, but it was probably the stamp in my passport.

elenius
09-12-2009, 10:18 PM
He does need a hunting license and 90 days proof of residence (utility bills, etc).

fd15k
09-12-2009, 10:28 PM
Folks, correct me if I'm wrong... Legal resident and H1B are 2 different things. Legal residents are only required to demonstrate 3 months of residency (as opposed to 1 month for citizens). But H1B is a temporary employment status, which is not residency. H1B is qualified as an alien, and aliens are only allowed to buy firearms if they have :

a) a waiver from DOJ
b) hunting license (long guns only).

383green
09-12-2009, 10:45 PM
He wants to buy a handgun (because all his friends have one).

I like the way he thinks! :thumbsup:

Nevermore
09-12-2009, 10:46 PM
Folks, correct me if I'm wrong... Legal resident and H1B are 2 different things. Legal residents are only required to demonstrate 3 months of residency (as opposed to 1 month for citizens). But H1B is a temporary employment status, which is not residency. H1B is qualified as an alien, and aliens are only allowed to buy firearms if they have :

a) a waiver from DOJ
b) hunting license (long guns only).

(b) is incorrect. As a legal non-permanent resident (any work permit, student visa -- aka "here in the country legally" document), you need:

1) State ID (driver's license or ID card)
2) Proof of residency in the state for 90 days (utility bills, car registration)
3) Passport with I-94 document showing how you're in the country legally
4) A valid state Hunting license, or the not-gonna-happen waiver from US Attorney General Eric Holder

Note that the Hunting license in (4) is not for long arms only. You can get a pistol, but you'll need the HSC as well.

Note that for (2), as part of the background check, the CA DOJ will check with DHS to see if you've recently re-entered the country. The CA DOJ interprets the 90-day rule as having physically been present in California for 90 consecutive days. If you left for Mexico recently and came back, your 90 days starts the day you land.

I'm an H-1B holder, and a former TN work permit holder, and this is what I needed to legally obtain my firearms.

huck
09-12-2009, 11:25 PM
Thanks, Nevermore (and thanks to all who replied).

We have 1, 2, and 3. We do not have 4. He can get the HSC if we have everything else.

huck
09-12-2009, 11:27 PM
I like the way he thinks! :thumbsup:

Friend one has a .45

Friend two has a .40

He's from Europe, so he's getting the 9MM parabellum.

nobody_special
09-13-2009, 11:46 AM
Be certain the hunting license is kept current; if it expires he is a prohibited person and is not permitted to possess firearms.

dwtt
09-13-2009, 4:45 PM
Friend one has a .45

Friend two has a .40

He's from Europe, so he's getting the 9MM parabellum.

so, when your friend moves back to Holland, is he going to have to sell the gun? It seems you stand to gain from this. :)

huck
09-14-2009, 9:07 AM
I'm still struggling with the fact that he needs a hunting license to buy a gun.

Nevermore
09-14-2009, 12:36 PM
I'm still struggling with the fact that he needs a hunting license to buy a gun.

This is a federal provision. Basically, federal law states that if you're not a citizen or a Green Card holder, you're not allowed to have a firearm. However, someone probably noticed that this also means that visitors could not engage in hunting activities as a result. This meant that Congress had to carve out an exception to the 'no guns for foreigners' restriction.

As nobody_special noted, make sure your friend keeps his hunting license valid. The second it expires, he will have to not be in possession of any firearms. As a note, CA hunting licenses run from July 1 - June 30 (the state's fiscal year), so it's a good idea to renew it in June so that you always have it. (Sadly, the fee is not pro-rated. If you buy it early, or buy it a month from when it expires, you pay the same price.)

huck
09-14-2009, 1:00 PM
Okay. I think we'll try the PFEC (Personal Firearms Eligibility Check).

huck
11-05-2009, 8:31 PM
To revisit this briefly - in case some one finds this in a search - we are not told that he needs a hunting license. This seems absurd. It's as if he is exploiting some obscure loophole rather than overtly buying a gun - which is what he wants to do. Silly!