Alien/work permit

[21SF]

Hello CG,

So my girl is a ?illegal alien? with a work permit and social security card. I keep getting conflicting info, is she allowed to buy/own a firearm?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit

This is all I could find? thanks!

[BAJ475]

Hello CG,

So my girl is a ?illegal alien? with a work permit and social security card. I keep getting conflicting info, is she allowed to buy/own a firearm?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit

This is all I could find? thanks!

18 U.S.C. 922(g) It shall be unlawful for any person? ... (5) who, being an alien? (A) is illegally or unlawfully in the United States; ... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

So if buy/own includes shipping, transporting or possession, then no.

[Rickybillegas]

The other day a district court judge in Chicago ruled that illegal aliens have 2nd amendment rights, but that doesn't apply in CA., so.

[Quiet]

So my girl is a "illegal alien" with a work permit and social security card. I keep getting conflicting info, is she allowed to buy/own a firearm?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit

Under Federal laws...

It is illegal for anyone to transfer firearms or ammunition to an illegal alien [18 USC 922(d)(5)(A)] or a non-exempt alien [18 USC 922(d)(5)(B)]

It is illegal for an illegal alien [18 USC 922(g)(5)(A)] or non-exempt alien [18 USC 922(g)(5)(B)] to acquire or possess firearms or ammunition in the USA.


Under CA laws...

A person must provide valid clear evidence of age and identity [PC 26815(c)], which means they need a valid CA DL/ID [PC 16400].

Because of the Federal laws [18 USC 922(g)(5)] additional documentation may be required dependent upon which type of valid CA DL/ID is presented.

If a valid CA REAL DL/ID is utilized, then no additional documentation is required. [11 CCR 4045.1]

If a valid CA FLA DL/ID is utilized, then additional documentation is required. [11 CCR 4045.1]
Acceptable additional documentation:
A. Valid US Passport or valid US Passport Card. [11 CCR 4045.1(b)(1)]
B. Valid Certified US Birth Certificate. [11 CCR 4045.1(b)(2)]
C. Valid US State Department Certified Birth Abroad Certificate. [11 CCR 4045.1(b)(3)]
D. Valid Foreign Passport with valid US immigrant visa with approved Arrival/Departure Card. [11 CCR 4045.1(b)(4)]
E. Valid Certified US Territory Birth Certificate. [11 CCR 4045.1(b)(5)]
F. Valid Certified US Naturalization Certificate. [11 CCR 4045.1(b)(6)]
G. Valid Permanent Resident Card. [11 CCR 4045.1(b)(7)]

Therefore...

If the immigrant does not have a valid CA REAL DL/ID or a valid CA FLA DL/ID with valid additional documentation, then a CA FFL dealer cannot legally transfer a firearm to that person.

In addition, if that person does not have any valid additional documentation, then that person is a prohibited person that cannot legally acquire or possess any firearms or ammunition within the USA pursuant to Federal laws.

Side note...

Undocumented immigrants (illegal aliens) can legally acquire and posses less lethal impact weapons for self-defense in CA.
^Such as the Byrna less lethal launcher with impact rounds.
~Which is why Byrna markets these launchers to undocumented immigrants in CA.




18 USC 922
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person, including as a juvenile -
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));
(g) It shall be unlawful for any person -
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. -
(1) Definitions. - In this subsection -
(A) the term "alien" has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term "nonimmigrant visa" has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).

8 USC 1101
(a) As used in this chapter -
(3) The term "alien" means any person not a citizen or national of the United States.
(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this chapter.

Penal Code 16400
As used in this part, "clear evidence of the person's identity and age" means either of the following:
(a) A valid California driver's license.
(b) A valid California identification card issued by the Department of Motor Vehicles.

Penal Code 26815
No firearm shall be delivered:
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person's identity and age to the dealer.

California Code of Regulations Title 11 Division 5 Chapter 4 Article 2 Section 4045.1
Additional Documentation Requirements for Eligibility Checks with Federal Non-Compliant California Driver License or Identification Card.
This section applies to all firearms and ammunition eligibility checks, including any eligibility check described in Division 5. For the purposes of this section, "eligibility checks" refers to background checks based on any application or report for which an applicant is required to submit a driver license or identification card, or the number from a driver license or identification card, so that the Department of Justice may determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.
(b) For all eligibility checks, if the applicant presents a federal non-compliant California driver license or identification card with the notation "FEDERAL LIMITS APPLY" on the front, the applicant shall also submit proof of lawful presence in the United States, as specified in subdivisions (d) through (g), in the form of one of the following documents:
(1) Valid, unexpired U.S. passport or passport card.
(2) Certified copy of U.S. birth certificate (issued by a city, county, or state vital statistics office). "Abbreviated" or "Abstract" certificates are NOT accepted.
(3) Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240), issued by the U.S. Department of State.
(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.
(5) Certified copy of birth certificate from a U.S. Territory.
(6) Certificate of Naturalization or U.S. Citizenship.
(7) Valid, unexpired Permanent Resident Card.
(c) For all eligibility checks, if the applicant's name as it appears on the federal non-compliant California driver license or identification card differs from the name on the proof of lawful presence document submitted in accordance with subdivision (b), the applicant shall also submit, as specified in subdivisions (d) through (g), one of the following certified documents:
(1) An adoption document that contains the legal name of the applicant as a result of the adoption.
(2) A name change document that contains the applicant's legal name both before and, as a result of, the name change.
(3) A marriage certificate.
(4) A dissolution of marriage document that contains the legal name of the applicant as a result of the court action.
(5) A certificate, declaration or registration document verifying the formation of a domestic partnership.
(6) A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.

[21SF]

I found out she needs:
ID
Hunting license
Passport visa stamp
I94

[boltstop]

Hello CG,

So my girl is a ?illegal alien? with a work permit and social security card. I keep getting conflicting info, is she allowed to buy/own a firearm?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit

This is all I could find? thanks!

How did she get a work permit if she is illegal?

[Jimi Jah]

I bought several firearms here with my California issued illegal alien drivers license.

It's up for renewal next summer.