Firearms Ownership for Non-Americans Living in the U.S.

[dak0ta]

If you're living in the U.S. with a visa, are you allowed to purchase a firearm like any other American? Or does it depend on individual state law?

There is no firearms licensing process?

 

[docnyt]

In general, you would have to be at least a Permanent Resident (Green Card holder) to legally purchase a firearm in the US. Individual states vary on the restrictions placed on ownership and concealed carry. There is no "licensing" per se except in highly firearms averse cities and states such as New York City and Boston. If your visa is business, temporary worker, tourist or student, I believe you can hunt with a permit borrowing a friend's firearm but don't quote me on that. There are special circumstances for individuals coming in for marksmanship events that I'm not well versed in.

It's best to look up your state's local firearms laws.

 

[Outlaw Man]

The Bill of Rights doesn't just apply to American citizens.

However, docnyt's answer is correct in practice.

 

[Ryanxia]

I'm pretty sure there are certain situations where they can. I've heard people asking about it in gun shops and being told it was doable.

 

[docnyt]

If you're buying from an FFL you'll notice on Form 4473 near the bottom it asks if you're a US citizen or alien legally residing in the US. If you're the latter, there is a space for your A Number at the very bottom. So it implies you have been assigned an Alien Number by immigration, which usually means you already have a Green Card. Again there may be exceptions to this that I'm not aware of, such as Olympic athletes and such.

If you're purchasing from a private seller, all bets are off. Technically you just have to be residents of the same state and not a felon. Some sellers may ask to see your Driver License, which is difficult but doable for a foreigner after 9/11.

 

[Trung Si]

According to Federal regulations, you are good to go, if you are a permanent resident!

 

[Arizona_Mike]

The law for visitors was changed after Ali Hassan Abu Kamal's attack on the Empire State Building in '97 and the BATF took it upon themselves to create a 90-day waiting period for non-citizen legal residents and add extra proof of residency not in the law (pretty much all made out of whole cloth). Last year they realized they were full of it and went back to regulations that comply with the law: https://www.federalregister.gov/art...ments-for-aliens-acquiring-firearms-2011r-23p

I don't even think it is permanent residency now, just residency (legal physical presence plus intent to make a home at least part time in a US state).

Mike

 

[NavyLCDR]

The law for visitors was changed after Ali Hassan Abu Kamal's attack on the Empire State Building in '97 and the BATF took it upon themselves to create a 90-day waiting period for non-citizen legal residents and add extra proof of residency not in the law (pretty much all made out of whole cloth).

Mike

Wrong. The 90 days residency requirement was in 27 CFR 178.11 prior to 1997:

http://www.atf.gov/regulations-rulings/rulemakings/treasury-decisions/td-389.html

The State in which an individual regularly resides, or maintains
a home, or if such person is on active duty as a member of the
United States Armed Forces, the State in which the person's
permanent duty station is located: Provided, That an alien who is
legally in the United States shall be considered to be a resident of
the State in which (a) the alien is residing or has so resided for a
period of at least 90 days prior to the date of sale or delivery of
a firearm, or (b) the alien's embassy or consulate is located if the
principal officer of such embassy or consulate issues a written
statement to such alien authorizing the alien to acquire a firearm.
Temporary stay in a State does not make the State of temporary stay
the State of residence.

In 1997 all the ATF did was amend the rules to require the FFL to check documentation that the resident alien met the 90 day residency requirement and added it to the Form 4473. In the CFR, it looks like the definition of residency, including the 90 day requirement was established in 1978 or 79.

 

[smalls]

If you're purchasing from a private seller, all bets are off. Technically you just have to be residents of the same state and not a felon. Some sellers may ask to see your Driver License, which is difficult but doable for a foreigner after 9/11.

Getting my DL wasn't anymore difficult than your average citizen. I hold a green card.

I also own guns, and have a MI CPL. None of which was anymore difficult to obtain than it would be for your average US citizen.

There are just certain spots on forms that I have to check mark the spot that says I'm not a citizen, and provide my A number located on my Permanent Resident Alien card.

 

[LegalAlien]

The crux is Permanent Residency with a "green card".

On just a visa (working, study, or visiting) you unfortunately are not able to purchase a firearm from an FFL.

There are some exceptions for visa visitors to obtain some temporary approval to use a firearm for hunting purposes, but that is about it.

Coming from a Legal Alien with a "green card" and FL CWL - and yes, the 90-day restriction and additional proof or residency was removed back in July of last year. I still do get a "provisiona hold" every time I purchase due to my non-citizen status, but every time get final approval pretty quickly - the longest delay was a 3-day wait

 

[smalls]

I still do get a "provisiona hold" every time I purchase due to my non-citizen status, but every time get final approval pretty quickly - the longest delay was a 3-day wait

Really? I've never even been delayed.

 

[Cosmoline]

I believe if you're coming to hunt you would be permitted to bring in your hunting rifle. I've seen the process at the customs office while waiting on dog paperwork. Everything has to be vetted and declared both coming and going, but I'm pretty sure a lot of the foreign visitors who hunt in AK are using their own firearms.

 

[LegalAlien]

Yep - still get provisional -even with a FL concealed license. The shortest hold was less than an hour (Gander Mountain), longest was 3 days.

 

[zoom6zoom]

There may be additional requirements at the state level. For example, here in Virginia, you must show proof of citizenship to purchase anything that fits the state definition of "assault weapon".

 

[NavyLCDR]

It is perfectly legal for a non-immigrant alien legally residing in the US on a student or work visa to purchase a firearm from an FFL provided that they also have a hunting license or permit issued in the US. Here's how:

The defitiniton of state of residency in 27 CFR 478.11 contains this example:
Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

So, first question: Can a non-immigrant alien be a resident of a state? YES

18 USC 922 (b)(3) contains the residency requirement for an FFL to sell a firearm:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States

So, second question: Can a non-immigrant alien meet the requirement in 18 USC 922(b)(3)? YES

18 USC 922 (d)(5) has this requirement for state of residency for a SALE of a firearm from anyone, including an FFL:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

So, third question: Can a non-immigrant alien meet that requirement to purchase a firearm from an FFL or a private party? YES - if they meet the exception in (y)(2).

18 USC 922 (y)(2):
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—
(2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

So, last question: What does a non-immigrant alien need to fall under the exception in 18 USC 922 (y)(2)? See that "OR" highlighted in (y)(2)(A) above? All they need is a hunting license or permit issued in the US.

It is perfectly legal for a non-immigrant alien legally residing in the US on a student or work visa to purchase a firearm from an FFL provided that they also have a hunting license or permit issued in the US.