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View Full Version : What are the laws about gun ownership and non US Citizens?


ENTHUSIAST
01-05-2011, 11:33 AM
If someone is here in the US legally but are not a US citizen can they buy a gun and have it here legally as long as he doesnt take it with him when they return back to their country?

Can they build a gun like at a Build Party?

How do US gun laws differ for foreigners?

Thanks

J.D.Allen
01-05-2011, 11:57 AM
I think you have to be a permanent resident. ("Green Card" holder)

ke6guj
01-05-2011, 12:42 PM
If someone is here in the US legally but are not a US citizen can they buy a gun and have it here legally as long as he doesnt take it with him when they return back to their country?yes, they can. but there are additional hoops that they must deal with (ie. have a hunting license).

Can they build a gun like at a Build Party?if they can legally own, I don't see why not.


How do US gun laws differ for foreigners?read this to start, http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2008-11.pdf


I think you have to be a permanent resident. ("Green Card" holder)or, have a hunting license if you dont have a green card.

J.D.Allen
01-05-2011, 2:16 PM
In any case you must be here legally...

Glock22Fan
01-05-2011, 2:49 PM
Things may have changed since then, but (although I had been approved for a G.C.) I didn't have a G.C. issued to me when I bought my first firearm. Neither did I have a hunting licence. I did have a stamp in my passport which acted as a temporary Green Card - I expect that is what I used.

Remember in the BoR, it refers to "the People." Generally taken to mean anyone who is here legally. Here as a visitor, and they add the Hunting Licence requirement. I suspect that someone with some other kind of long term visa other than a G.C. could also legally get a firearm, but maybe they'd need a Green Card as well.

Still, IIRC, they don't make US citizens produce passports, so anyone with a DL and a utility bill is probably GTG in practice, if not in theory ???????

as long as he doesnt take it with him when they return back to their country?


I guess that depends upon which country that is. It wouldn't be illegal in US law, I think. After all, people take firearms to Africa, South America, Canada and other hunting destinations all the time.

Knuckle Dragger
01-05-2011, 2:54 PM
The courts have generally given legally admitted aliens the same gun rights as citizens. At noted, aliens on a non-immigrant visa also need to have a hunting licenses.

There was a federal suit filed just this week over the denial of a CCW in SD to a legally admitted alien. more (http://plainsdaily.com/story/8827)

kennmark
01-05-2011, 2:54 PM
EDIT: ^^^ posted same time haha nevermind.


how about getting CCW permit if non citizen but a permanent resident GC holder? how does that work?

Glock22Fan
01-05-2011, 4:53 PM
how about getting CCW permit if non citizen but a permanent resident GC holder? how does that work?


Should be (and is) perfectly legal. But you can expect some CLEO's to not recognize that fact and require education. There are a number of official policies that say "Must be a citizen" and the time is coming right to overturn them.

sw99
01-05-2011, 5:52 PM
If someone is here in the US legally but are not a US citizen can they buy a gun and have it here legally as long as he doesnt take it with him when they return back to their country?

There are Federal requirements, and in additions there are State-specific requirements, owning a firearm.

try checking out the links on http://www.google.com/search?q=firearm+non-citizen


How do US gun laws differ for foreigners?


In California, during the DROS process, you need to supply proof of legal residence etc.

As someone else pointed out, in practice you may have difficulty in getting a CCW permit.

But after that, in theory all the same laws apply to all.


Can they build a gun like at a Build Party?


Building a gun and owning a gun are two different things, so sure, you can build one!
But the Party Organizer says no, then it's their party so that's their right