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Stephen2012
02-03-2012, 3:39 PM
Good afternoon

I would like to ask if anyone if aware of the 90 Day resident rule for non US Citizens is still applicable as I have read (elsewhere) that the ATF are changing this particular requirement? The reason for my question is that typically I travel outside of the United States every six to nine weeks for business.

Just for the benefit of other members of CALGUNS.NET, I would like to mention that I am of course legally here in the US (for nearly ten years) and just patiently waiting for Permanent Residency (Green Card).

Thank you in advance for any help or assistance.


Stephen

CHS
02-03-2012, 4:46 PM
As it is right now, you will have to be able to show 90-days of continuous residency if you're not a US citizen, and they will check and deny you if you have left the country within the 90 days.

a1c
02-03-2012, 4:57 PM
As it is right now, you will have to be able to show 90-days of continuous residency if you're not a US citizen, and they will check and deny you if you have left the country within the 90 days.

Nah. If you're a permanent resident, they don't check.

CHS
02-03-2012, 5:09 PM
Nah. If you're a permanent resident, they don't check.

Reading comprehension fail.

He's not a permanent resident yet.

ETD1010
02-03-2012, 5:34 PM
If you are NOT a permanent resident, you can't technically have a gun in this country unless you have a hunting license, or a letter from the AG. Permanent residents need to show 90 days residency. If you are NOT a permanent resident, then you are a non-immigrant alien here on a VISA of some sort and must have a hunting license, etc.

a1c
02-03-2012, 6:02 PM
Reading comprehension fail.

He's not a permanent resident yet.

Take it easy. I replied to your post, which went:

As it is right now, you will have to be able to show 90-days of continuous residency if you're not a US citizen, and they will check and deny you if you have left the country within the 90 days.

You didn't say anything about permanent resident vs. non-immigrant. Just "not a US citizen."

Also, if the OP's status is currently AOS, the CA DOJ might simply reject his application. They are not very well versed in the matters of immigration (as I know first hand), and they might go by the date of the last document issued. Most dealers will not know how to deal with AOS status anyway, as the forms don't provide for that situation.

When I first got my green card, I purchased a handgun a couple of months later. I hadn't left the US in over 18 months at the time. But the CA DOJ delayed my application and left a number for me to call. I did, and they told me that they used the date of issuance of my green card. I told them I hadn't left the country in over a year and a half. I was told by the person in Sacramento that it didn't matter, as they needed a date to go by, and in my case that was my green card's.

Fortunately I was able to pick up the gun almost a month later - before the expiration date of the pickup - exactly 90 days after the date of issuance of my green card.

Ironically, I picked it up on my way back from the airport - I had just flown in from Europe after a week there.

I'm getting a new green card in June (my current one is my "conditional" green card - ironic how you can be a "conditional permanent resident"). I already know that I probably won't be able to buy a gun within 90 days of the date of issuance of that new card.

edsel6502
02-03-2012, 11:28 PM
If you are not a US Citizen AND not a permanent resident card holder. You will need a hunting license exception. You also need to show 90 days of being in the united states from the time of your last entry on your I94. This will happen EVERYTIME you get a new I94.

If you have a permanent resident card. You have to wait 90 days from the issuance of sand permanent resident card only ONCE.

After that, You can walk off the plane and into a Gun Shop and exercise your 2nd amendment rights.

I know this as I have gone through the above scenarios.