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View Full Version : Legal question for gun xfer to non-citizen


1911_sfca
03-29-2006, 11:55 PM
Hi folks,

Hope I can get some of the resident gun law experts to weigh in..
My girlfriend opened a restaurant a few months ago in San Francisco, and there is a number of gang bangers who hang around outside. I'd like to give her a firearm to keep the place safe.

Since Prop H may be going through, I'd like to give her a shotgun. But the catch is that she is not a citizen. The rest of her family (parents, and sister), who also work in the restaurant, are greencard holders, but she is on a visa.

So, what are the options. Can I loan a gun to her for defensive purposes, or would this be seen as exceeding a loan and get me in hot water if it is used? Could I transfer the firearm to her parents and then she would be able to use it there (seems feasible), though she is the only shooter in the family so far (and she is good!)


Thoughts? Suggestions?

Thanks....

gose
03-30-2006, 1:16 AM
If she is on a visa, the only way for her to take possession of ANY firearm is to get a hunting license. Non-permanant residents are not allowed to possess firearms under any circumstances, except for the hunting license exception above (well, theoretically there is another way, but it involves getting a waiver from the Federal DOJ, so forget about that ...)

Transferring it to her parents would be ok, but if the intent is for her to use it you are commiting a straw purchase and she would be in illegal possession of a firearm. IF the shotgun is there only when her parents are there it should be pretty safe, but you are on very thin ice and I'd recommend that you forget about it, or get her that hunting license. The moment she is alone in that restaurant with the shotgun, she might be considered to be in possession of it and that will grant her a quick ticket out of the country...

If she really needs that shotgun, a weekend to pass the hunting course seems like a small investment, if she doesn't want to do that, I _strongly_ recommend that you look into other options.

tenpercentfirearms
03-30-2006, 5:25 AM
I went through this with a customer once. What he did for the hunting license thing was he took an online hunting license course in Georgia, passed, printed it out, then took it to a store and used it to get his CA license. Technically I don't think he even had to get his CA license, but he did anyway.

If they are a permanent resident alien, then you just need a copy of their green card and three months of utility bills.

rips31
03-30-2006, 10:39 AM
is a shotgun the best choice for a restaurant? too bad abt prop h, tho. at least we have until june.

gose
03-30-2006, 11:02 AM
I went through this with a customer once. What he did for the hunting license thing was he took an online hunting license course in Georgia, passed, printed it out, then took it to a store and used it to get his CA license. Technically I don't think he even had to get his CA license, but he did anyway.

If they are a permanent resident alien, then you just need a copy of their green card and three months of utility bills.

Since its a federal regulation, a hunting license issued in any state will do.

I had to show proof that I had an equivalent education from my home country before they issued me one, but since ours is ~40h and includes 5 written and 5 practical tests it wasn't really a problem :)

dwtt
03-30-2006, 7:28 PM
Here's the batf's web site adress.
http://www.atf.treas.gov/firearms/faq/faq2.htm#a15