work visa work in a gunshop?

[theotherone]

If an individual is here on a work visa;
can can said person complete a live scan,
and if said person can and passes a live scan and can obtain a C O E, are they lawfully able to work in a gun shop / FFL?

[ugimports]

For some reason I thought they can only work for whoever is sponsoring their work visa...maybe that's just H1Bs?

[Eddy's Shooting Sports]

Not getting into the H1B and other legal issues regarding work eligibility, one does not need a COE to work in a gun shop. They simply need to be not prohibited from owning guns. If they are a volunteer, I don't see a problem. I am also not an employment lawyer, nor do I play one on TV.

[weaselfire]

If an individual is here on a work visa;
can can said person complete a live scan,
and if said person can and passes a live scan and can obtain a C O E, are they lawfully able to work in a gun shop / FFL?

Why does an employee need the COE? Not suggesting they don't, I'm not in California, but I'm not sure I see why they need it in any reading of the laws. Does the shop's legal organization, sole proprietor, LLC, etc. make a difference?

Jeff

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[ugimports]

Not getting into the H1B and other legal issues regarding work eligibility, one does not need a COE to work in a gun shop. They simply need to be not prohibited from owning guns. If they are a volunteer, I don't see a problem. I am also not an employment lawyer, nor do I play one on TV.

From the bolded - I think that is why I saw somewhere a COE is needed. It could also have been a local city rule that I saw and it wasn't a state requirement.

I'd have to go look, but it might be on my local firearms or business permit for Fremont.

[glockfu]

COE is not required unless you are a DOJ certified instructor which is needed to do safe handling demos. It is however a good idea incase your employees do something that turns them into a prohibited person.

[code_blue]

COE is not required unless you are a DOJ certified instructor which is needed to do safe handling demos. It is however a good idea incase your employees do something that turns them into a prohibited person.

This is correct. CA does not require an employee to have a COE simply by being an employee. I don't recall if it was required for DES, but I don't think it was.

The COE for a DOJ Certified Instructor is it's own thing and unique to the individual instructor although a COE is required before you may apply as a DOJ CI.

[ugimports]

Looks like it's optional:
From: http://ag.ca.gov/firearms/pubfaqs.ph...f/index.php#31

I’ve been working in a firearms store for several years. My duties include showing potential buyers various types of firearms. My employer recently told me I have to get a COE. Does he have a right to require that?

Yes. Effective January 1, 2004, licensed firearms dealers may require employees who handle, deliver or sell firearms to obtain a Certificate of Eligibility from the Department of Justice. Upon application, a firearms eligibility check will be conducted to determine whether the applicant is eligible to lawfully possess firearms. If so, the applicant is issued a COE. A copy of the COE must be provided to the employer by the Employee COE holder, and must be renewed annually, as required by the licensee. For more information, please see the Firearm Dealer FAQs.

[Lebaneseblonde]

First things. Having been there done that.


What kind of visa?
This matters.
Work visa are varied and can be tied to the sponsor.
So if said person was issued a work to company x.
Company x has shown. Dhs that the job is open to any qualified american.
The sponsoree is. Not getting any extra perks that normally wouldnt be given to the qualified us citizen.
And there is a time expiration to that visa and that position.
Meaning. The sponsor must continue to seek a qualified us citizen to employ

Should the agreement between sponsor and sponsoree be broken.
The sponsoree must leave the country within 7 days of termination or visa expiration And cannot be in country looking for work during that 7 days.

Can the sponsoree secure secondary employment. Yes. But a new application must be submitted to dhs. In personal experience. Granted a second work visa is unlikely as now two jobs of us citizens are removed.

H1b visa are usually tied to a job sector. So floating between employers is easier. But has its problems. H1bs holders cant be working in the tech biz one day and selling cars at night.


So if your employee has a very specific skill set. That few us citizens have you should be okay.
But if the employee is going to stock shelves and run the till. No way that dhs will grant a visa.

And if the employee is already here working. When they submit their taxes and irs sees that the social security number is issued as work only status.
And two w2 from two employers submitted. It could prove to be sticky for all parties.

[Lebaneseblonde]

If an individual is here on a work visa;
can can said person complete a live scan,
and if said person can and passes a live scan and can obtain a C O E, are they lawfully able to work in a gun shop / FFL?

Again. Who is the sponsor on the visa? You or another party.