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

[COMPNOR]

Buying face to face is no issue. As long as you are legally able to to begin with.

 

[everallm]

The FTF issue is legal so long as you (the seller) have no reasonable cause to believe the purchaser is a prohibited person or out of stater.

(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

This is why, while not necessary, it's generally a good idea to keep a record of identity such as a details on a drivers licence when you do a FTF. If the weapon then turns up as part of an illegal act it would be harder for the ATF to try and hit with say a straw purchase charge.

Just saying, "Well, he seemed like a nice guy...although thinking back he did want to exchange in that abandoned factory..." exposes you to failing the "reasonable"

 

[Iamthefallen]

As an immigrant (Permanent resident) owning firearms, I'd strongly suggest only buying through an FFL with everything on the table. He'd jeopardize his future in the U.S by even the smallest violation of firearm laws. For us immigrants, basically any violation when it comes to firearms is grounds for deportation.

Immigration law on deportable aliens

In particular:
Sec. 237 1/ [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(2) Criminal offenses.-

(A) General crimes.-

(C) Certain firearm offenses.-Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is deportable.

 

[NC Dave]

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

Yep. No problem for legal face to face sales, but be sure to know all of the local laws.

For example, if I do a private handgun transaction with an individual in NC, I am still required to obtain a valid North Carolina Pistol Purchase Permit from that individual.

..back to our regularly scheduled thread....

 

[wdlsguy]

Worst case, King Red's coworker will need to get and maintain a hunting license. I'm pretty sure he can even get a Texas CHL.

Nonimmigrant Aliens Purchasing Firearms and Ammunition in the United States

 

[AndyC]

I got my first FAL rifle receiver from an FFL when I was not yet a permanent resident. I had to show 90 days' worth of utility bills, Texas driver's license and a hunting-license. Still got a "Delay" from NICS but was approved 3 days later.

 

[MD_Willington]

I was denied on a YUGO SKS in Spokane WA, I had a WA State AFL at the time too, but no green card...

Like I mentioned above, there are provisions that allow non-immigrants to obtain and use modern firearms, a hunting license IS on of them...

 

[NavyLCDR]

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

This is not a blanket true statement. An 18-20 year old can legally buy a handgun in a private sale in a lot of states, but they cannot buy handguns in the store.

It is true in the case of immigrants in all cases, though, I believe.

 

[natman]

If the buyer is a resident alien, i.e. he lives here and has a green card, it's just like a citizen buying with one extra wrinkle. He has to prove that he has been a resident of the state where the purchase is made for the last 90 days. This is usually done by providing copies of the last three months of utility bills.

If the buyer is a non-resident alien, i.e. a tourist, it is still possible to buy a firearm, but he must provide additional documentation such as a hunting license. See:

http://www.atf.gov/firearms/022002newregs4nonimmigrant.pdf

 

[MD_Willington]

Nics will ask the FFL holder for the alien number and if the proof of residency was presented before the instant check is performed.

My FFL's have never asked for proof of residency, I just showed them my WA State AFL, WA State CPL, and my Green Card...

Last purchase was under 5 minutes and I got the nod, paid the man at the till and off I went...

 

[Zedo]

INS can probably advise him on RKBA. Don't try to skirt the law. It will get him deported, and if you're "aiding and abetting" you're in deep schnitz too.

 

[Chisel Head]

...Get a used one from a private seller, like from a newspaper ad or Pennysaver-type paper?...

...If it's illegal for him to buy it at gun store, isn't it also illegal for him to buy it at a gun show?...

Does a private vendor have either the obligation or the authority to request the revelation of the potential buyer's identity?

Another twist to the subject:

I wonder how many people are aware, here, that the Phillipines harbor non-Christian terrorist elements in the south east, as recognized by the State Department. Of course, with ties to those hiding in the mountains of Afghanistan and Pakistan.

By helping anyone from that country to arm, benevolent as that person may be or not, runs the risk of drawing unwanted- and unpleasant attention from the FBI, CIA or whoever else acts under the provisions of the "Patriot Act".

I personally know a middle aged German fugitive who has left to live in the Phillipines, two years ago. Among the charges, incidently, are those for possessing 2 unregistered firearms. The Phillipines have no formal extradition agreement with Germany and up until now, evidently not even with the European Union of which one of the warrants is issued EU wide.
In fact, he's living here among a total of no more than a couple hundred Caucasian foeigners:



If this status equals the aforementioined, with regards the diplomatic relationship between the U.S. and the Phillipines, it is questionable if the authorities are to keep an eye closed, regarding a Phillipino, as they might with a citizen from a cooperative civilized country like, for example, Britain.



Do you remember the I-Love-You computer virus case? Well, the FBI was able to press the Philippines on co-operation. But, it took 3 months to get a search warrant from the Phillipine authorities:

...Erstens ist die zuständige philippinische Behörde gar nicht in der Lage, die Cyber-Kriminalitäten technisch und juristisch zu bekämpfen. Der Chef der Anti-Fraud and Computer Crimes Division of Manila's National Bureau of Investigation, Elfren Meneses, ist kein Spezialist für Computerfragen. Er war vorher ein durchschnittlich ausgebildeter Polizist.

Zweitens wollte er sich nicht mit Vertretern des amerikanischen FBI treffen und Information austauschen. Die FBI Agenten haben zwar die Wohnung der Verdachten überwacht und einen Computer gefunden, aber sie durften die Wohnung nicht durchsuchen, weil sie keinen Durchsuchungsbefehl bekamen. Die Polizei hatte zwar einen Verdacht, aber sie brauchten noch über drei Monate, um einen Haftbefehl zu bekommen, weil das philippinische Gesetz so veraltet ist, dass es keine Klausel gegen Hacker gibt...

http://www-pu.informatik.uni-tuebingen.de/iug/archiv/SoSe00/ag4/jiongguo000726dk.htm

I'll update, as soon as I find an English language version.

Getting closer. Here's a tip of the iceberg regarding Philippine corruption. Old, but the tradition continues:

http://home.iscte.pt/~ansmd/CC-Cragg.pdf

...However, a joint investigation by the SEC and the Justice Department concluded that there was no evidence of irregularities in Westinghouse’s relationship with the Philippine government, even though the SEC reported that a Westinghouse district manager in the Philippines had destroyed six volumes of documents pertaining to the project.97
The appropriateness of the commission payments made by Westinghouse throughout the life of the contract has been the subject of on-going speculation. In reports filed in 1976 with the Securities and Exchange Commission under its disclosure program, Westinghouse claimed that during the fiscal years 1971 to 1975 it expended only $243,000 in questionable payments set against total 1974 revenues of $5.838 billion and gross 5 year revenues (1971-1975) of $25.729 billion. Yet, in 1978, Westinghouse reached a plea agreement with the Justice Department with respect to misrepresentations of payments to foreign officials regarding ‘matters within the jurisdiction of the Export-Import Bank,’ and it is difficult not to speculate that this plea agreement directly pertained to the Philippine nuclear plant.98 It took almost a decade for Westinghouse to disclose the $17 million payment to retain the services of Herminio Disini...

 

[Art Eatman]

Interesting information, Chisel Head, but please stay more on-topic in the future. Saves me the trouble of deleting off-topic material.

 

[Chisel Head]

I went a little overboard. I used to have the adress of a Philippine forum which had all the information in a nutshell. But, I think the basic message was conveyed about the fact that one can practically ruin their lives, nowadays, by helping certain people. Albeit, unknowingly and benevolently.
My source was German, I tried signing up, there. But, they had some software problems with sign-up verification. So, I lost the link, altogether.
For anyone contemplating helping Philippinos obtaining arms, here's a couple of English language links with which one can inform themselves on legal stipulations, beforehand:

http://www.topix.com/forum/world/philippines

more:

http://www.google.nl/search?hl=de&q=philippines+forum&btnG=Suche