Non-citizen wants to purchase firearm in Texas...help please.

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King Red

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I have a coworker (registered nurse with no criminal history) who has become interested in purchasing a handgun for range/defense use.

He is originally from the Phillipines and has been here in Texas a little less than 2 years. He is not a citizen but he has a passport and visa (I don't know if that's what they call a green card or not).

So, can he walk into a gunshop and purchase a firearm or will there be all kinds of red tape to wade through? Also I mentioned to him that if he was not able to purchase a firearm at an FFL, he could probably buy one at a gunshow from a individual seller. Is that sound advice or ill-conceived?

Any help would be appreciated. I'm going to recommend the Ruger GP 100 to him so he can learn with .38Sp, but have the .357 option also. Also the single action capability will make it easier for him to shoot in the beginning.

Any help with these laws would be appreciated.

Thanks!!
 
Read this:

http://volokh.com/posts/1218687757.shtml

Texas 1876: “Every citizen shall have the right to keep and
bear arms in the lawful defense of himself or the State; but the
Legislature shall have power, by law, to regulate the wearing of
arms, with a view to prevent crime.”70
1868: “Every person shall have the right to keep and bear
arms, in the lawful defence of himself or the State, under such
regulations as the legislature may prescribe.”71
1845: “Every citizen shall have the right to keep and bear
arms, in the lawful defence of himself or the State.”72
1836: “Every citizen shall have the right to bear arms in
defence of himself and the republic. The military shall at all
times and in all cases be subordinate to the civil power.”73

Very interesting.IANAL.Many here are and will interpret.
 
This has been discussed in detail in the past. I believe the consensus opinion was that if the person has a permanent resident visa (green card), they can buy guns the same as a citizen. People on temporary visas (no green card) cannot. It will all depend on his visa status as to whether he can purchase and/or possess a firearm.
 
Non-Immigrant VS Immigrant Alien

aka

Non-permanent VS Permanent resident

While there are provisions for non permanent aliens using/obtaining firearms, generally they are forbidden from attaining firearms.
 
I doubt that he has a green card. He has not been here long enough. Also, given all the paperwork you have to fill out, the bucks you have to pay, and the hoops you have to jump though, he would know if he had a green card.
 
Get a used one from a private seller, like from a newspaper ad or Pennysaver-type paper?
Click to expand...

Not to go too far off-topic, but...

The gun-grabbers just love it when people on our side publicly make suggestions on how to skirt the law! :fire:
 
There is a question on the 4473 that addresses this IIRC...anyone have one handy?

Talk to an FFL. Do it legally or don't do it.
 
(B13) May aliens legally in the United States buy firearms?[Back]

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.

See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]
Click to expand...

http://www.atf.treas.gov/firearms/faq/faq2.htm#b13
 
Not to go too far off-topic, but...

The gun-grabbers just love it when people on our side publicly make suggestions on how to skirt the law!
Click to expand...

How is this off-topic or "skirting the law"? People buy and sell guns every day, all over the country, in face-to-face private sales, through newspaper ads. Not as common as it used to be, sadly, but still legal as far as I know.
 
Thank God we are smart enough to apply the Constitution of the United States to everyone in the country, alien or not alien. The Bill of Rights is not something that can be taken away from someone just because they are not citizens; they are basic human rights in our country that apply to everyone, regardless of origin.
 
How do those who are not citizens have the same rights as those of us who are? What then is the benefit of being a citizen of the US?

The preamble states: We the people of the United States, not We the people residing here...
 
How is this off-topic or "skirting the law"? People buy and sell guns every day, all over the country, in face-to-face private sales, through newspaper ads. Not as common as it used to be, sadly, but still legal as far as I know
Click to expand...
.

If he can't legally buy one in the store, he can't legally buy one in a private sale.

When the topic of this thread is about non-citizen wanting to purchase a firearm with regards to current US Law and the suggestion is to find a face-to-face private sale, I read it as trying to go around the law.

If that was not your intention, I apologize.
 
i just checked my laws and in nevada it is a misdemeanor crime for someone who is not a citizen of the united states to possess a firearm here.
 
Stampsm

If you are a Permanent Resident Alien, aka Green Card holder and you aren't in any of the 4473 banned categories you are legal to buy.

Nevada's law has no authority beyond the federal guidance.
 
He could buy and own certain blackpowder firearms free and clear.

Percussion, flintlock and certain primer ignition guns
 
Stampsm

If you are a Permanent Resident Alien, aka Green Card holder and you aren't in any of the 4473 banned categories you are legal to buy.

Nevada's law has no authority beyond the federal guidance.
Click to expand...
i just re-read it and it does read that way, thats what i get for reading laws when i should be asleep.
 
Even with a green card he will have to present proof of residency. Three months of utility bills will work, a DL will not. Nics will ask the FFL holder for the alien number and if the proof of residency was presented before the instant check is performed.
 
If he can't legally buy one in the store, he can't legally buy one in a private sale.

When the topic of this thread is about non-citizen wanting to purchase a firearm with regards to current US Law and the suggestion is to find a face-to-face private sale, I read it as trying to go around the law.

If that was not your intention, I apologize.
Click to expand...

Well, no, that wasn't my intention, I was just making a suggestion. But now that you've reminded me of the legality issue, I reckon it was a pretty stupid suggestion.

It is legal for the rest of us though, right? I see guns in those little ad papers all the time.
 
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