Can I legally purchase a handgun or not?

[Louislee6]

Hello, first of all I want to briefly introduce myself: I am a F-1 visa holder and I'm 22. I got my HSC several weeks ago and thinking of getting my own handgun for weekly range visit.
Today I went to the local gunstore and got things I need to provide when buying a handgun: HSC, I-94 card, 90days of utility bill, and being older than 21.
However, just now I was told by a friend that according to Federal law I must get a hunting license to buy any firearms, while the guy in gunstore did not mention that.

So is that true I must obtain a hunting license?

Thank you!

[Yugo]

Hunting licenses are for hunting not buying guns.

[j0k3r11]

However, just now I was told by a friend that according to Federal law I must get a hunting license to buy any firearms

You do NOT need a hunting license to purchase a firearm. I think your friend is misinformed or just messing with you.

[Ron-Solo]

Yugo and j0k3r11,

I think you have all missed an important point. The OP is NOT a US Citizen. Some types of Visas require the alien to also have a hunting license.

This belongs more in the 2A/Laws or FFL sections rather than the LE forum. Besides a large number of NON-LE members posting in here like experts, this is not a topic commonly encountered by law enforcement officers.

[Mssr. Eleganté]

Yes, you need a hunting license or a diplomatic exemption from the State Department. The hunting license can be from any State in the U.S. Some States have easier/cheaper hunting licenses to get.

[j0k3r11]

learned something new.

[dachan]

Yes, you need a hunting license or a diplomatic exemption from the State Department. The hunting license can be from any State in the U.S. Some States have easier/cheaper hunting licenses to get.

Right, you are currently a non-immigrant alien (foreign student F1 visa)and for the most part not allowed to purchase a firearm in the US. Exemptions are as stated if you are here to hunt (as shown by holding a valid hunting license) or other (State Dept) exemption.

[thetaxman]

Definitely need a hunting license based on your facts.

[Louislee6]

Thanks for everyone, I just finished my hunter education today and bought my hunting license. It's very lucky that there is a local class held today.

Problem solved!

[Mssr. Eleganté]

One other potential problem is if you leave the country for any reason and then come back I think your 90 day residency starts over. It has something to do with getting a new admission number upon reentry.

[Louislee6]

One other potential problem is if you leave the country for any reason and then come back I think your 90 day residency starts over. It has something to do with getting a new admission number upon reentry.

I see, also I would get a different I-94 number when I get into the US. So that would not meet with the one I left on the file when I purchase the firearm. Will I be in trouble because of that?

[Mssr. Eleganté]

I see, also I would get a different I-94 number when I get into the US. So that would not meet with the one I left on the file when I purchase the firearm. Will I be in trouble because of that?

Well if you left the country after starting the DROS and then came back after 10 days to pick up the firearm I don't think you would even get denied under the current system. But if you left the country 60 days before starting the DROS you might get kicked back by the NICS system for having an I-94 number that is less than 90 days old.

ATF has recently announced that they now interpret the 90 day residency requirement for aliens to be unconstitutional after Heller. They have said that they are getting rid of the 90 day residency requirement for aliens, but that it is still in effect until they publish the new regulations. So who knows what kind of enforcement they are doing.

[Louislee6]

Well if you left the country after starting the DROS and then came back after 10 days to pick up the firearm I don't think you would even get denied under the current system. But if you left the country 60 days before starting the DROS you might get kicked back by the NICS system for having an I-94 number that is less than 90 days old.

ATF has recently announced that they now interpret the 90 day residency requirement for aliens to be unconstitutional after Heller. They have said that they are getting rid of the 90 day residency requirement for aliens, but that it is still in effect until they publish the new regulations. So who knows what kind of enforcement they are doing.

I'm not leaving until late May and I used utility bills from Jan-Mar to prove my residency in CA. But it's fun to know this rule is unconstitutional.