DROS question for US citizen born on US base oversees

[alkmar]

[Librarian]

The Child Citizenship Act (CCA) which becomes effective on February 27, 2001, amends the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children—including adopted children—of U.S. citizens. In general, children who are less than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization-will benefit from this new law. Under the law, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship; children who live abroad acquire citizenship by application.

http://www.uscis.gov/files/pressrelease/ChildCitizenshipAct_022701.pdf

See also http://travel.state.gov/visa/immigra...ypes_1312.html

She's here; she's obviously at least 21 now; if she was not yet 18 in 2001, she automatically became a citizen with the CCA in 2001.

I don't know where to put it on the form, but stating 'born to a US citizen in Seoul, South Korea' and marking 'citizen' ought to cover it.

I doubt that many FFLs are also immigration law lawyers.

[4DMASTR]

I doubt that many FFLs are also immigration law lawyers.

I was born on base in Guam, and have had to put up with this garbage before. I would ask them to clear it with the DOJ or refund your money in full (including the DROS fee) Had there been an issue with her "status" im sure she would have been denied rather quickly.

[reggie 00]

Just use the Base in Korea.

[halifax]

...Upon picking up her gun after the 10 day waiting period, one of the employees reviewed the paperwork and indicated it needs to be changed to indicate that she is naturalized instead of US citizen...

Where does one change that on either the 4473 or the DROS. I don't see anything other than "What is your country of citizenship?"

I've had several customers who were naturalized citizens and ones born on U.S. military bases to American parent(s) in other countries. They just answer United States of America to that question period.

[kemasa]

I think that you need to look into this more. The US based might be considered US soil, depending on the exact specifics of the agreement with the country that it is in.

One answer is:

http://wiki.answers.com/Q/Are_births_on_US_military_bases_US_citizens

As I understand it, she might be a natural born US citizen OR it could be that she is naturalized US citizen, depending on the specifics.

[tenpercentfirearms]

What in the hell? This isn't rocket science. Is she a US Citizen? Yes? Check yes. Is she not a US Citizen? No? Then check the blank box and have her write in her country of citizenship. Then be sure to get a copy of her resident alien card (green card) and her three months of utility bills.

I am willing to bet she does not have a resident alien card because she is a US citizen. The gun shop are being tools and thinking there is a difference in US Citizens. There is not a difference for ATF purposes.

I have a customer who was born in Germany and he is a US Citizen. This is zero problems in my shop. ZERO.

In the grand scheme of things, don't worry about it. If she picked up her gun, she is in the clear. The only way this is going to be an issue is if they get audited and the ATF says, "This person isn't a citizen, where is their alien ID card and three months of utility bills?" The shop is going to get dinged and they are going to educate them.

If for some reason the ATF calls your GF, have her simply explain she didn't want to check another country since she is a citizen of the United State of America, but the shop forced her under duress to alter the form or she couldn't get her firearm.

[EOD Guy]

http://www.uscis.gov/files/pressrele...Act_022701.pdf

See also http://travel.state.gov/visa/immigra...ypes_1312.html

She's here; she's obviously at least 21 now; if she was not yet 18 in 2001, she automatically became a citizen with the CCA in 2001.

I don't know where to put it on the form, but stating 'born to a US citizen in Seoul, South Korea' and marking 'citizen' ought to cover it.

I doubt that many FFLs are also immigration law lawyers.

That doesn't apply to children born abroad of a US citizen parent. Since she was born in a US military hospital in Yongsan, I'm sure a Consular Report of Birth Abroad was filed with the US embassy in Seoul. She was a citizen at birth. This was true long before the act of 2001.

See the link. Consular Report of Birth Abroad (FS-240)

[eltee]

Didn't this come up during the last election? IIRC, Sen. McCain was born on the US military base in Panama to two US citizens. His eligibility to run as a natural born US citizen was challenged and it was determined that children born on a US base in a foreign country and are the children of US citizens are, in fact, natural born US citizens.

[dachan]

This is complete BS. Besides the fact that she is a US Citizen due to the fact that her father was US Citiizen at the time of her birth, NO WHERE on any federal or state form is there a differentiation between naturalized and natural born citizen in the firearm purchasing process. If the shop persists on not releasing the firearm, you should take them to court for violation of contract (performing the DROS/transfer process) as well as report them to the DOJ for improperly acting as a firearms dealer.

[kemasa]

The bottom line is that she is a US citizen. It does not matter how or why. There is nothing which indicates how a person is a citizen.

[NSR500]

The shop employee is a moron. She's a genuine US Citizen even more than the POTUS is.

I too was born outside of the USA to US Citizen parents and I've had to deal with that BS before on 4473 and DROS. That shop needs to get a clue.

[Rigmarole]

I was born in Germany with two American parents. Never had a problem buying a gun (even when I lived in CA and had to go through DROS).

As an FFL, the most unusual one I have seen so far is transferring a gun for a gentleman that was a permanent resident alien, citizen of Canada who was born in the Philippines. He got delayed for about 20 minutes before they called back with a proceed.

[Williexcited]

I was born on a base in the Philippines and I never had any problem. I usually but the PI for a location and at times they ask for the city, then I tell them the base.