Employment Authorization Card Holders?

[tenpercentfirearms]

So I know how to sell guns to Resident Aliens and I-94 holders. I have a potential customer with an Employment Authorization Card. It says on it USCIS#. The 4473 says in Question 20 "(AR#, USCIS#, or I94#)". Directions for #20 state, "Question 20. U.S.-issued Alien Number or Admission Number: U.S.-issued alien and admission numbers may be found on the following U.S. Department of Homeland Security documents: Legal Resident Card or Employment Authorization Card (AR# or USCIS#); Arrival/Departure Record, Form I94, or Form 797A (I94#). Additional information can be obtained from www.cbp.gov. If you are a U.S. citizen or U.S. national, the response to this question should be left blank."

So I call CA DOJ and they say it is a no go. I cannot find Penal Code that deals with any of this or states that only RA or I94s are allowed. Hmmmmm. Anyone know?

[????? ????]

Under 18 USC 922(g)(5)(A), aliens who are illegally or unlawfully in the United States cannot possess firearms.

Under 18 USC 922(g)(5)(B) and 18 USC 922(y)(2)(A), non-immigrant aliens cannot possess firearms unless in possession of a hunting license. Non-immigrant means temporarily legally in the United States, as opposed to an
immigrant who intends to permanently live in the United States.

Lawful permanent residents (LPR) aka green card holder can possess firearms. LPRs are considered immigrants who are permanently living in the United States.

An I-766 Employment Authorization Document (EAD) aka a work permit, are issued to certain, but not all non-immigrants. Visitors with a B-1/B-2 Border Crossing card visa can legally enter the United States, but can't work in the United States. A person with a B2 visa won't get a work permit card. A work permit means one is allowed to work in the United States. Work permits will have an alien's Alien Registration Number, also called an "A-number." They're also called USCIS numbers. An EAD is convenient card that would have a USCIS number, but it's not the only document that would have a USCIS number.

For California purposes, California Code of Regulations, Title 11, section 4045.1 list what documents should supplement a driver's license if a person does not have a REAL ID-compliant identification card. An alien would present "a valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form" or a "valid, unexpired Permanent Resident Card."

California doesn't care about a work permit. California cares about REAL ID card, or driver license/ID card+passport with visa and I-94.

[taperxz]

They are documented illegal aliens. If you look closely it states “ cannot use for reentry.

If a person comes into the country seeking asylum and hasn’t had their day in court, they get a work auth card like the one you saw so they can legally work while the government gets to their case on what to do with them.

[ugimports]

Interesting.. i have a customer with same docs..he got denied and when he contacted doj they said they made a mistake... i ran him again and he got denied again so is contacting doj who told him it was mistake... previous to this dros with me he passed at another ffl... i ran same as i would an i94 person.. he does have his hunting license.

Sent from my SM-G965U using Tapatalk

[tenpercentfirearms]

Yeah I saw that, but that means nothing to me. However, it makes some sense. So I will tell him it is a no go.

[taperxz]

Yeah I saw that, but that means nothing to me. However, it makes some sense. So I will tell him it is a no go.

Ya, a lot of people refer to them as DACA folks. Our Rep said those were a no go. Probably why they made them red.

[ronlglock]

From the 4473:

k. Are you an alien illegally or unlawfully in the United States? (Automatically disqualified)
21.l.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?
21.l.2. If you are such an alien do you fall within any of the exceptions stated in the instructions?

Exceptions:
An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful hunt- ing or sporting purposes; (3) has received a waiver from the prohibition from the Attorney General of the United States; (4) is an official representative of a foreign government who is accredited to the United States Government or the Govern- ment’s mission to an international organization having its headquarters in the United States; (5) is an official representative of a foreign government who is en route to or from another country to which that alien is accredited; (6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.