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Tyrenlds
02-08-2011, 8:29 AM
A friend of mine is a South African immigrant of British decent who's in the country as a legal alien (has a green card). Been here for about 5 years. He's wants to take up pistol shooting as a hobby and asked me if I knew what kind of restrictions are imposed on him, being a legal alien. Figured I'd ask the experts here for him. Is he allowed to purchase and use a handgun under CA law?

gazzavc
02-08-2011, 8:46 AM
As far as I know, he should have no problems or restrictions buying or owning anything legal in the state. I bought many of my firearms when I was a G/C Holder, but that was quite some time ago. Just tell him to bring his passport and g/c with him when he does his purchase.

Out of curiosity, where are you located ?

Gaz

Tyrenlds
02-08-2011, 8:52 AM
thanks for the reply. I'm in San Luis Obispo county.

I remember reading something about some handgun transporting restrictions for non-citizens. Was that FUD?

gazzavc
02-08-2011, 9:09 AM
I have a few South African friends who are firearms owners. It always is amusing when they have DROS'd a firearm and are filling out the form under race, they check the african-american box. You get funny looks doing that as a white bloke !!

Glock22Fan
02-08-2011, 9:12 AM
If and when he applies for a CCW, he may find that the sheriff is resistent to issuing to him. Such resistance is illegal (as the BoR says "The people" and not "citizens") and he should seek advice from competent authorities.

Basically, I think there are two cases that establish that a legal alien is to be treated the same as a citizen with regard to gun laws. One is Dorsey v. LVMPD (around mid eighties), I don't remember the other one's name. However, it might need another case to strike down the "no aliens" aspect of 12026.1.

Dorsey is better known as Engelburt Humperdinck.

I had no issues regarding firearms (buying, using etc.) when I was a legal alien -- over ten years ago.

Tyrenlds
02-08-2011, 9:26 AM
thanks guys!

1sicklx
02-08-2011, 9:51 AM
so what planet is this alien from?

typical on this site...

formerTexan
02-08-2011, 2:07 PM
The only issues are people who are in the US on a visa (visiting, H-1B, etc), w/o a green card. In such cases, they can BUY (if able to establish residency) and/or POSSESS (read, use at a range or during a hunt) firearms/ammunition under the following circumstances:
1. Upon entry in the USA, declare they are here for a shooting competition, and can prove so with an invitation

2. Obtain a hunting license

Now, for #2, its been said that which state issues that hunting license does not matter.
More here:
http://www.hooyou.com/news/news070408gun.html

Gray Peterson
02-08-2011, 2:38 PM
The case is called People v. Rappard, Glock22Fan.

Glock22Fan
02-08-2011, 2:51 PM
The case is called People v. Rappard, Glock22Fan.

Thank you, Gray. I do have a note of it on one of my drives somewhere, but my system is all over the place at present.

gose
02-08-2011, 3:13 PM
The only issues are people who are in the US on a visa (visiting, H-1B, etc), w/o a green card. In such cases, they can BUY (if able to establish residency) and/or POSSESS (read, use at a range or during a hunt) firearms/ammunition under the following circumstances:
1. Upon entry in the USA, declare they are here for a shooting competition, and can prove so with an invitation
2. Obtain a hunting license
Now, for #2, its been said that which state issues that hunting license does not matter.
More here:
http://www.hooyou.com/news/news070408gun.html

3. Obtain a waiver from the Federal DOJ.

Though, since a hunting license is so easy to get, no one even knows how to apply for this waiver :)

oni.dori
02-08-2011, 3:25 PM
Two: US citizens in California can transport a handgun whenever and wherever they like, subject to the usual restrictions (gun free school zones, school and university campus, federal buildings, and locked and unloaded). Non-citizens can only transport handguns directly to and from home, gun shop, shooting range, and similar locations. Look at the difference between PC 12026.1 (which allows citizens to transport), and PC 12026.2 (which allows anyone to transport to and from particular gun-related destinations). In practice that means that a non-citizen can't just toss the locked gun case in the trunk, and drive it around all week long, just because he thinks he might go to the range on Thursday; he has to go from his house directly to the range on Thursday afternoon.

So, this means that a legal alien cannot obtain a legal CCW permit in the U.S.?

razorscs
02-08-2011, 3:30 PM
thanks for the reply. I'm in San Luis Obispo county.

I remember reading something about some handgun transporting restrictions for non-citizens. Was that FUD?

Great county ;)

Glock22Fan
02-08-2011, 3:31 PM
So, this means that a legal alien cannot obtain a legal CCW permit in the U.S.?

No, it does not mean that at all.

CCW's exempt from the restrictions you are talking about, an alternative to having to be a citizen.

Dorsey v. LVMPD is where Engleburt Humperdink (a UK citizen) forced LVMPD to issue him a CCW, and there's also the case Gray reminded me off abouve.

uyoga
02-08-2011, 5:34 PM
There are no restrictions. The rules apply equally to USA citizens as they do to "permanent residents" (green card holders)

oni.dori
02-12-2011, 11:35 PM
Ok, now I'm just confused.

Gray Peterson
02-13-2011, 12:23 AM
I only know of two complications.

One: When buying a gun, he needs to prove that he has been a resident for 90 continuous days. That means he has to bring 3 months worth of utility bills, in addition to his green card (all that gets checked and photocopied at the gun shop). If he has left the country in the last 90 days, there might be delays, but I'm not sure how that works for green card holders (as opposed to non-immigrant aliens with hunting licenses).

Yep, federal law...

Two: US citizens in California can transport a handgun whenever and wherever they like, subject to the usual restrictions (gun free school zones, school and university campus, federal buildings, and locked and unloaded). Non-citizens can only transport handguns directly to and from home, gun shop, shooting range, and similar locations. Look at the difference between PC 12026.1 (which allows citizens to transport), and PC 12026.2 (which allows anyone to transport to and from particular gun-related destinations). In practice that means that a non-citizen can't just toss the locked gun case in the trunk, and drive it around all week long, just because he thinks he might go to the range on Thursday; he has to go from his house directly to the range on Thursday afternoon.

Oh dear lord, that's so unconstitutional it's not even funny. *jots down this info* People v. Rappard, Smith v. Nelson, and Say v. Kentucky State Police makes all of these things quite unconstitutional.

Colt-45
02-13-2011, 12:36 AM
Don't mean to thread jack but in the subject of legal aliens, what does one need for a intra familiar transfer? from son to dad, assuming this person has an HSC card and has purchased handguns before, when submitting the intra family transfer form, does one need to submit 3 PG&E bills like when a handgun is purchased at the store or just the form?

Gray Peterson
02-13-2011, 1:19 AM
Don't mean to thread jack but in the subject of legal aliens, what does one need for a intra familiar transfer? from son to dad, assuming this person has an HSC card and has purchased handguns before, when submitting the intra family transfer form, does one need to submit 3 PG&E bills like when a handgun is purchased at the store or just the form?

Do as normal, as far as I know. The 90 day requirement is a requirement on federal firearms dealers. Intrafamilial transfers do not require a visit to a dealer, purely paperwork sent to DOJ.

Someone correct me if I'm wrong.