Canadians owning guns in U.S.

[labhound]

I have a Canadian friend living and working in Oregon. Anyone know if they can legally buy and own a handgun in the U.S.?

 

[c919]

I'm not positive, but I'd say it's very unlikely that it would be legal.

ETA: You could probably find some helpful info on that and other subjects HERE.

I read that wrong. I was thinking he was living there, but working here. If immigrant alien, it sounds like he's good to go.

 

[harmonic]

Uh, yeah. Aliens in the country legally can buy firearms.

http://www.thundertek.net/documents/4473.pdf

 

[natman]

No problem. If they are a legal resident they have to show their "green" card and proof of residence, usually 90 days worth of utility bills in their name. Residency requirements can vary from state to state.

 

[Curator]

Not being a lawyer I may be incorrect but I have asked this question directly to the BATFE. I got three different answers from three different agents. There is a difference between State laws and Federal ones pertaining to gun ownership. The real "grey area" is on the Federal side. "Landed alien" status firearm ownership is probably OK however if they have a hunting license in the State in which they are living it is definately OK. I advise my Canadian part-time Florida resident friends to get a hunting license and declaration of domocile before acquiring handguns here. Without a Florida driver license they cannot legally purchase a gun anyway. It does seem that they still manage to get them despite the rules.

 

[Blackrock]

I know a Canadian mining engineer who has bought a shotgun here in the US.

 

[natman]

Not being a lawyer I may be incorrect but I have asked this question directly to the BATFE. I got three different answers from three different agents. There is a difference between State laws and Federal ones pertaining to gun ownership. The real "grey area" is on the Federal side.

There's no "grey area" about it. From FFL newsletter, 11/08:
http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2008-11.pdf

ALIENS BUYING FIREARMS:
A FOUR-STEP GUIDE
FOLLOW THE FOUR STEPS AND KNOW THE EXCEPTIONS
Federal firearms licensees (FFLs) often have questions when aliens purchase firearms. The Following guidelines are recommended when transferring firearms to foreign nationals. Here is a simple guide for those transactions:

Step One: Identify the person’s immigration status.
If the buyer is not a U.S. citizen, ask him/her about his/her immigration status and confirm the response with the written answers he/she provides on the applicable ATF Form 4473. If he/she identifies him/herself as a U.S. citizen, proceed with the applicable and appropriate requirements to complete or not complete the transaction.

Step Two: Identify the alien class: Immigrant Alien, Non-Immigrant Alien (NIA), or Illegal Alien.
Any person who is not a U.S. citizen is defined in one of three alien classes.

Immigrant Alien
The immigrant alien, also known as a resident alien, is a permanent resident of the United States. This person has received permission to live and work in the United States permanently. A sale to this person is generally permitted (see Step Four). TIP: To verify their immigrant status, ask to see their Permanent Resident Card, their legal proof of residency in the United States.

Non-Immigrant Alien (NIA)
The non-immigrant alien is a person not permanently residing in the United States. He has come to the United States for a specific purpose or business, tourism, or some other special interest, e.g., he may be a foreign student. His stay is for a defined period of time, after which he must return to his home country. Generally, he is prohibited from purchasing a firearm, unless he qualifies for an exception (see Step Three). TIP: To verify his non-immigrant status, ask to see his travel visa, usually affixed inside his passport, and/or other supporting travel documents.

Illegal Alien
The illegal alien is a person who has entered the country illegally, and who has not received permission to enter or stay in the United States or his/her permission to stay in the country has expired. Such persons cannot purchase firearms or ammunition under any circumstances.

Step Three: Identify the purchasing exception
for the non-immigrant alien.
There are five general exceptions that allow or enable an NIA to purchase a firearm. They are as follows:
Hunting purposes or in possession of a hunting permit;
Official foreign government representative;
Official foreign government representative w/ State Dept. designation;
Official foreign law enforcement official on government business;
Special waiver from the U.S. Attorney General
(see Step Four).
TIP: The hunting permit/license exception is the most common exception used by non-immigrants. Ask the purchaser for his/her State-issued hunting permit and make a copy for your records. [Please note that this is not a requirement.]

Step Four: Review the State residency documents.
Both the immigrant alien and the non-immigrant alien who purchases a firearm under an exception must be a resident of the State in which he/she makes his/her purchase. He/she must have documented evidence that he/she has resided in a State for 90 continuous days immediately prior to the date of the sale.
TIP: Ask to see the purchaser’s common documents that will verify 90 continuous days of State residency (i.e. utility bills, tenant’s lease, bank statements, etc.), and note the documentation used on ATF Form 4473 or attach copies of such documents to the ATF Form 4473.

Some states, such as CA, have more stringent residency documentation requirements, i.e. CA won't accept a bank statement even though the Feds will.

 

[Canuck-IL]

Additional FYI ... most FFL's will ask for the 3 previous months of utility bills, bank statements or something similar BUT, 3 consecutive statements may not cover 90 days - depends on the vagaries of billing cycles. You will on occ encounter a vendor or transfer FFL that checks for that exact 90 day window.

Also, some places, such as Cabela's, have a store policy that all the statements must be of the same type - ie. 3 electric utility bills or 3 phone bills.

To keep it simple, I just keep the last 4 gas utility bills in a clip and change out the oldest when each new month arrives.
/Bryan