Can you have a firearm in the house if a green card holder lives in the house.

[Clint C]

I was at Scheel's today and over heard a guy (meat head) saying his girl friend was moving over here, (probably a mail order bride, he was an ugly guy) and that she is from England. He said he wanted to take her deer hunting. Which in Iowa you can only hunt deer with a high power in the lower counties.

He was looking at an all black high power rifle, and saying "man you could really reach out and touch someone with this". He sounded like a complete moron, talking slow, and everything he said, made me think god don't let this meat head buy that rifle.

Anyways my question is can a person in Iowa have a firearm in the house, if there is a person living in their house on a green card?

 

[beatcop]

Are you serious?

 

[everallm]

GC's can own legally anything a citizen can, part of being a Permanent Resident Alien.

Being a girl friend does not qualify for a green card, even if married no GC different rules on residence

 

[Clint C]

everallm

Not in all states.

beatcop, would I have asked the question if I wasn't, what kind of stupid question is that?

 

[everallm]

Apologies, should have qualified that with "At the federal level and all states except WA, which has just reverted GC'ers back to legality in the last month"

 

[Clint C]

everallm

Thanks, looks like my question is answered. unless anyone knows otherwise.

 

[beatcop]

Anyways my question is can a person in Iowa have a firearm in the house, if there is a person living in their house on a green card?

Sorry Clint C...it just sounded so foreign to me that a citizen's rights would be infringed in the slightest by the mere presence of a house guest.

 

[Oro]

When I lived in NYC and had and NYC permit (and this was hard crap to get and maintain), I had a wife who was still on her green-card until she got citizenship, it was no problem. And this was NYC. Iowa? Really? This is not an issue.

 

[solareclipse]

Yes you can and yes they can too.

And so can many other groups not considered premanent residents. They can be FFL dealers as well fyi.

 

[Clint C]

You guys are aware of Washington's former situation right? I just didn't know if it was the only state like that or not. I'm glad to hear it was changed in their state.

Ic Everallm knows what I am talking about. I didn't know if the rest of you did. Also take it easy you guys are acting like this question is pissing you off. I am only asking a simple question. I'm not trying to take anyone's rights away so chill out. If this sounds like a stupid question to you then tough s#$t, asking questions is what educates people to things that they don't know. When you guys act all high and mighty by reacting like REALLY, or ARE YOU SERIOUS, that only keeps people from asking questions later on in life and leaves them uneducated. I wonder how many anti-gun people get that reaction when they ask a question about a firearm. Am I a cop or a lawyer, do I know every law or right in the book? No I don't, and that is why I asked. For you people that are know it alls, come to work with me someday and see how many questions you ask.

Beatcop, apologue accepted.

Oro, why is it so hard to believe that Iowa would have a different law about it. We probably have more green card holders than anyone, I take that back, we probably have more illegals than anyone.

 

[Six]

Ehr, nothing about the legality of possession or access has changed in Washington AFAIK.

The only thing that's changed is that they're now issuing Alien Firearms Licenses again. Without that license, it's still a felony to provide an alien with a firearm. Or as I understand it, to enable an alien to have access to a firearm. Your state may have other restrictions.

While I understand that you're asking out of curiosity rather than for actionable information, it really is critically important that anyone who wants to mix aliens with firearms know, understand, and comply with federal and local laws.
If you don't know your state laws, you're taking a huge risk, there is no federal prohibition or restriction that I'm aware of.

(But then I'm just giving away free legal advice on the internet )

 

[DanielW]

I am not a citizen. I have been a permanent resident for the last 5 years, and I legally own a 1911 and an AR. As long as you're in this country legally and can pass the background check you're OK.

 

[everallm]

Six,

It actually has changed....sort of.....dead hand of bureaucracy etc....

WA was/is a classic example of "The Law of Unintended Consequences" with regard to 2A.

WA is the only state that requires Permanent Resident Aliens (AKA Green Card holders) to have an Alien Firearms Licence (AFL) to posses a firearm.

Due to some only peripherally related legislation, the issuance of the AFL moved to the Director of Licensing, a non law enforcement department of government in WA.

To issue an AFL, a background check has to be run including an FBI check.

The FBI is prohibited by law from running and providing this type of check for a non LE organization.

So we end up with the situation where a GC'er can be issued an AFL when the check has been run by the DoL, but by law the DoL can't get the information they need, so would never issue an AFL.

To compound the asinine stupidity, it is legal for a Canadian to wander over the border with a Canadian legally owned firearm to hunt, shoot etc without further check........

The NRA and the SAF hauled up a lawsuit, won, the legislation went for a vote and last I heard had been passed but guidance hadn't been issued.

Ergo the phrase.....dead hand of bureaucracy

 

[BunnyPuncher]

It really is a situation in which people just do not know what the laws are. And why should they? For native born americans it does not matter until they run into the kind of situation in the OP.

For example, I'm a permanent resident, and I cannot hide my "aboot"s when I speak. After the Minnesota question is dealt with I explain that I am from Canada and a perm res. At the range I get asked questions asked in a voice of surprise "You are allowed to own a gun???" or if discussing CHL (CCW) "are you sure you are allowed to get that???".

I have to explain that as a legal - I am protected by the US Constitution, would have to declare myself eligible for service if I was a few years younger, pay fed, state & municipal taxes and am basically obligated in the same fashion as a NB citizen.

I sure can't wait for my mandatory time to be over so I can be a citizen. I want to vote!

 

[The Lone Haranguer]

If I understand the law correctly, you could have a convicted felon or other prohibited person as a mere house guest, so long as he or she does not actually pick up the firearm(s). I am not aware of any minimum distance the person must be from the firearm(s) while still not touching them.

 

[nalioth]

If I understand the law correctly, you could have a convicted felon or other prohibited person as a mere house guest, so long as he or she does not actually pick up the firearm(s). I am not aware of any minimum distance the person must be from the firearm(s) while still not touching them.

The operative term is "have control of".

So long as you have felons in your house, keep your guns in a safe where only you have the key.

 

[user3214]

Who would be in more trouble the homeowner or the felon, from legal stand point, if the gun is not in the safe?

 

[TexasRifleman]

Who would be in more trouble the homeowner or the felon, from legal stand point, if the gun is not in the safe?

If the gun was used in some crime I'd say both people are in deep doo.

Also take it easy you guys are acting like this question is pissing you off. I am only asking a simple question.

Just ignore the noise, you asked a perfectly valid question in my opinion.

 

[Erik]

"...it is legal for a Canadian to wander over the border..."

One of the great lies spread about society is that it is not a crime to illegally enter the United States. You here it all the time; that it is an administrative matter, not criminal. How it is handled is mostly administrative, granted, but it is a crime to "wander over the border."

http://www4.law.cornell.edu/uscode/8/usc_sec_08_00001325----000-.html

http://www4.law.cornell.edu/uscode/8/usc_sec_08_00001326----000-.html

Sorry for the drift.

On prohibited house guests, it is a crime for a prohibited person to have constructive possession of firearms or ammunition. It is a crime to knowingly provide a prohibit person with constructive possession of the same.

constructive possession n. when a person does not have actual possession, but has the power to control an asset, he/she has constructive possession. Having the key to a safe deposit box, for example, gives one constructive possession.

 

[Yo2slick]

Who would be in more trouble the homeowner or the felon, from legal stand point, if the gun is not in the safe?

It doesnt matter what situation we are talking about, if you are the owner and can legally own a firearm then you are clear. It would be illegal for the Felon to be in the house with the firearm. PERIOD! If the Felon can have constructive possesion of the firearm, (can take control of the firearm even from a person, like you pulled the gun from the safe to clean it) then the felon is in deep doo doo. Now if you know the person is a felon and are letting them handle or discharge the firearm then your just as guilty.

 

[Ben86]

A Permanent Resident can even have a CCP. The only thing a non-citizen spouse disqualifies you for, that I know of, is employment in the CIA. Shucks.

 

[4Freedom]

You mean if my MExican gardeners come to prune the trees, some who are not even legal residents, that I have to grab my guns and put them in storage place while they are there? YEah right..

 

[MD_Willington]

49 States recognize an LPR as a citizen, as such they are covered by all the sames rights and privileges of a natural born or naturalized US citizen with the exception: an LPR cannot vote, nor hold public office, that's it.

Okay
Here come the TLA's

LPR with AFL and CPL here in WA...

The FBI can and does run the background check, but they cannot share the info with DOL, as DOL is not a LEA...


Either HB1052 fixes the silly law this session or in August the same Federal Judge sides in favor and tell .gov WA to drop the LPR's from AFL in the RCW's...

phew !

 

[CTI1USNRET]

My wife (green card) has a concealed carry permit

My wife, a permanent resident alien from the UK, has a concealed carry permit.