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View Full Version : Non-US Permanent Resident firearm purchase - possible?


StukaJr
10-01-2007, 11:11 AM
An acquaintance of mine is in the US on H1 work Visa and going the Green Card route - so while he's not a Permanent Resident he will eventually be one. I took him out for a day of shooting and his inquires led me to believe that he's interested in becoming a firearm owner... He was the only one inquiring about prices and requirements for owning a firearm - the other two (US Citizens) were just there to jerk the triggers and be done with it :confused:

Clear criminal record, has been in California for at least 5 years and the Company Lawyer may or may have not yet filed for Permanent Residence adjustment from the H1 Status. What is the possibilities of getting a permission to own a rifle or a handgun and what forms does he need to file? He's not a hunter and would be a sport shooter... If it doesn't cost much - I see no harm in trying, right?

I was in the similar boat but opted to wait for my Greencard - the process takes years and I thought it'd be worth it if there is a special circumstance/paperwork route that could get him shooting sooner... If not - I'll just have to invite him more and hope his adjustment takes less than a decade to come through :sleeping:

want_ar
10-01-2007, 11:25 AM
Found this: http://www.vrolyk.org/guns/alien-laws.html

JawBone
10-01-2007, 11:31 AM
According to ATF:

(B13) (http://www.atf.gov/firearms/faq/faq2.htm#b13) May aliens legally in the United States buy firearms?

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.


[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]



See also: Section on Non-Immigrant Aliens (http://www.atf.gov/firearms/faq/faq2.htm#r)

(R1) May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?

Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

1. nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;

2. nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the collection, competitive use or other sporting use of firearms;

3. certain diplomats, if the firearms are for official duties;

4. officials of foreign governments, if the firearms are for official duties, or distinguished foreign visitors so designated by the U.S. State Department;

5. foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

6. persons who have received a waiver from the prohibition from the U.S. Attorney General.

Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Department of Homeland Security (formerly the Immigration and Naturalization Service) AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 consecutive days immediately prior to the firearms transaction.

[18 U.S.C. 922(g)(5)(b) and 922(y), 27 CFR 478.124, ATF Rul. 2004-1]



(R2) Typically, who are "nonimmigrant aliens?"

In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. Permanent resident aliens often are referred to as people with "green cards."

elenius
10-01-2007, 11:55 AM
No problem, he can get a hunting license and he's good to go.

gose
10-01-2007, 12:07 PM
Hunting license or waiver from the Fed DOJ, but since the hunting license route is so much easier, I've never heard of anyone that even tried to get the Federal waiver.

If he has some proof of a hunter's education from his home country, he can just send that along with his license application and he will most likely not have to take a class. If he doesn't have that, then he needs to take a class.

He doesn't need to take the class, or get the hunting license in CA. It's a federal requirement, so a hunting license from any state is good enough.

lanwarrior
04-27-2008, 12:01 PM
Hunting license or waiver from the Fed DOJ, but since the hunting license route is so much easier, I've never heard of anyone that even tried to get the Federal waiver.

If he has some proof of a hunter's education from his home country, he can just send that along with his license application and he will most likely not have to take a class. If he doesn't have that, then he needs to take a class.

He doesn't need to take the class, or get the hunting license in CA. It's a federal requirement, so a hunting license from any state is good enough.

Just to give some input on this: since 1997, I have purchased 2 handguns and 1 shotguns in CA without any hunting license as a legal foreign worker under H-1B.

If you have proof the following proof, you should be OK:
- Evidence that you have lived in CA for 90 days or more (utility bill works perfect, but NO cellphone bills)
- I-94 card with your alien number. Or, if your green card is pending, you'll have an Alien Number too

Please refer to: http://caag.state.ca.us/firearms/pubfaqs.htm#7

However, I have heard (conflicting) reports that certain gun stores in CA, especially in San Francisco Bay Area, will NOT sell any firearms, handguns or rifles, to foreigner at all because after 9/11 the Fed Law superseed the CA law. I don't know the truth of this because I haven't bought any firearms after 2004.

Socal858
04-27-2008, 12:38 PM
no hunting license required (that is, if he isnt on a non-immigrant visa)

have him bring a copy of the visa & proof of residency. the only difference for him on 4473 is filling out the A# box and country of citizenship

lanwarrior
04-27-2008, 1:57 PM
no hunting license required (that is, if he isnt on a non-immigrant visa)

have him bring a copy of the visa & proof of residency. the only difference for him on 4473 is filling out the A# box and country of citizenship

Correct. I filled out the form (at that time) and gave my A# from I-94. But I am on a track for permanent residency (green card), so I don't know if my situation applies to someone who is only on non-immgrant visa. (H-1B, L-1, F-1, etc.)

YellowHorse
05-21-2008, 3:02 PM
In my search for an answer to my questions, this thread answered all my questions but one: Suppose the permanent resident had a felony a couple decades back, but the felony has since been expunged.
Would that person be able to legally own a firearem in California?

YellowHorse
05-22-2008, 6:27 AM
After much digging I found the answer.
I'll post it here as it may help someone else.
Quoted from http://www.recordgone.com/commonexpungementquestions.htm
Does expungement restore my Second Amendment Rights?

Possibly. The two most common reasons for a person to lose their right to own or possess a firearm are (1) being convicted of a felony or (2) being convicted of domestic violence.

If you were convicted of a felony, expungement will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemenor, which will restore your right to own a firearem.

If you were convicted of domestic violence, there are two firearm prohibtions placed on you. The first is a 10 year prohibition from the state of California for which expungement does not affect. The second is a lifetime prohibition from the United States goverment (Lautenberg Amendment to the Violence Against Women Act), which expungement will eliminate.