Non-Citizenship Gun Ownership

Status
Not open for further replies.

Jayhawker

Member
Joined
Jan 26, 2003
Messages
240
Location
Southwest Kansas
Do you have to be a full citizen to be able to purchase a handgun in the U.S.? I have a friend who is working towards getting his citizenship and currently has what he calls a "H1B Visa". He's become quite interested in the shooting sports. Citizenship never occured to me one way or the other when I purchased a new gun. Like the rest of you, I've about got that form memorized so I just whisk through it.

Thanks.

Pete
 
There is a thread in L&P (I think) about someone who just got their citizenship, and their difficulties getting a gun...I saw lots of stuff about what forms are needed, etc. Take a look over there, if I see the thread, I'll link it here.
 
You can't buy a handgun on a nonimmigrant visa like the H1B. You have to be a Permanent Resident (Green Card holder) for handguns.

He may, however, be able to buy long guns in certain circumstances.
 
I've got an ffl who does transfers for me, and one time we got to talking about the NICS check. He said he had a foreigner (I don't remember his status exactly), who was getting a gun through him. He said it took a long time, and he told the guy that he'd rather not go through that again with him. But in the end, he got the gun.

Does that help? How's that for a definitive answer?

I would guess an ATF person, or an ffl with experience on the border, or in a very diverse community would have the answer.
 
It depends on what State and US Federal law. Most States have residency time requirements. The NRA's site(www.nra.org) has a link to State laws. However, I believe(it's been a while since I did the research), you must be, what Canada calls a 'Landed Immigrant' before you can own any firearm. I think that's the 'Green Card' Marko speaks of.
 
Have him ask at local gunshops. The fact of the matter is even if it's 100% legal and there's a way to do it he's going to need an FFL that actually knows the law. If they all flat out refuse to do it then he's out of luck.

Now, if he finds one that's "not sure" -- it might help to have on hand the relavent laws and such. If they don't want to put the time and effort into making sure it's legal though -- he's screwed.

If you're considering selling him something out of your personal collection that you don't want I have no idea.
 
Prior to 9/11, an alien could satisfy most States laws just by being in residence for a minimum period of time; frequently 6 months. After 9/11, the laws changed and you must be a legal and carded Resident Alien to purchase or carry. Visa holders are just considered to be long term transients.
 
Non-citizen

Long guns and hand guns can be bought by visa holders residing in the US on non-immigrant visas if they meet the following: Must be residing in their state for at least 90 days, must submit their I-94/I-94W number ( INS number ) and hold a valid hunter's license from one of the 50 states. Some states will also grant CCW to non-citizens.

Regards Kiwi.
 
I believe(it's been a while since I did the research), you must be, what Canada calls a 'Landed Immigrant' before you can own any firearm. I think that's the 'Green Card' Marko speaks of.


A green card holder is a Permanent Resident Alien. The don't have to go through the renewal process as often as a foreign passport holder in the U.S. under a Visa. Actually "green card" is a holdover from the old card color. The updated ones are white.

A green card holder may also join the U.S. Military. Unless things have changed, I believe they give you 6 years to get your U.S. Citizenship. At least that's what they told me. I joined the Army back in 87 while still a citizen of Thailand.

Good Shooting
Red
 
Marshall
Why do we want Non US Citizens to buy firearms?
If they're green card holders, why shouldn't they be allowed to own firearms? Is their home somehow less worthy of protection? Many of these people are on their way to become citizens, while others will be here working for extended periods of time.
 
Straight from the ATF website...

(A15) Q. May foreign visitors and other aliens legally in the United States purchase or possess firearms and ammunition while in the United States?


A. Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a State in the United States;

nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the competitive use or other sporting use of firearms;

certain diplomats;

officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;

foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

persons who have received a waiver from the prohibition from the U.S. Attorney General.
Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Immigration and Naturalization Service AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 days prior to the firearms transaction.

(A16) Q. Typically, who are "nonimmigrant aliens?"

In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. (Permanent resident aliens often are referred to as people with "Green Cards").
 
nbkky71 & Marshall...........

nbkky71,

thank you for your post, the ATF started to enforce this law after Fedruary 19 2002. This was a executive order that President Clinton put into place befor leaving office ( I believe ).

Marshall,

I entered this country on a visa and have lived here for five years and am going through the long and costly process of getting a green card. It will ( God willing ) take myself and my wife 12 - 13 years to gain US citizenship and cost $13,000.00 to $15,000.00 to do it. I have spent about $9,000.00 to date and am still 2 -3 years from the green card.

I work in a non-sworn Law enforcement roll and have a number of people at any given time who wish to do me harm. Not being permitted to buy firearms or carry them would persent significance problems for me. I trust you will understand why non citizens would fell the need to have the abilty to gain legal access to firearms.

Regards Kiwi.
 
nemesis:
After 9/11, the laws changed and you must be a legal and carded Resident Alien to purchase or carry.
And yet I wonder.

I'm sure you've been to Glick Twins, Danny's Pawn and McAllen Armory. Every other customer you see there looks and talks like a Mexican citizen (real Spanish speakers, not Tex-Mex babblers; w/ Frontera Tamaulipas and Nuevo Leon plates on their vehicles.). A good many of these buy .22 caliber handguns. This is the only caliber civilians can legally own in Mexico, if I'm not mistaken.

Or is it that, as U.S. legal residents, they are merely afraid of the bigger bang of military caliber handguns?
 
Why do we want Non US Citizens to buy firearms?

Because criminals don't ask for your Social Security Number or Green Card before attacking.

In my mind, we are here to SPREAD freedom, not horde it for ourselves. I welcome foreign gun owners as long as they are checked out thoroughly...by which I do also support profiling.
 
Why do we want Non US Citizens to buy firearms?
Marshall - just to add my own 2c.

I am married to a US citizen and have been here four years. Spent a small fortune setting up proper INS entry and getting ''green'' card. I'd also say tho Brit by birth - I was ''born an American''. That is how I feel anyways! (Even if I may ''sound funny! :p )

I am a working taxpayer ... and contribute as much as I can to RKBA matters plus trying to pass on the skills of shooting to newbies when I can.

I also by residence would claim an equal right to defend self and family... and have carried for near three years now.

I don't come back on your statement with angst -- just feeling the need to defend my corner!:)

I am getting on in years but would defend this nation with my life.
 
Why do we want Non US Citizens to buy firearms?
If you were working abroad, would you like to be allowed to buy and own firearms in your host country?

If I'd work for a company that could send me to the US, I'd like to be allowed to bring my guns or buy new ones in the US.
 
i like this question,

If you were working abroad, would you like to be allowed to buy and own firearms in your host country?


if i had to work outside the US i would like to be able to own a firearm so i could protect myself or go target shooting.
 
I was in Wyoming a couple of weeks ago, walking and birdwatching. I was strongly advised to carry bear spray. The owner of the tackle shop where I bought it said she and her husband not only carried spray whenever they went into the woods , they carried 0.44 magnum handguns too.

Was this overkill? Anyway it set me thinking - I have a Marlin underlever rifle in that calibre here in the UK, for target shooting and I wondered about bringing it with me the next time I visit the USA.

nbkky71, your quote from the ATF was very helpful - though it sounds too easy, supposing one could get a hunting licence by post - or would there be more to it than that?

And what would be the position on shooting a bear in self-defense in, say, a National Forest? Other threads I have read make me suppose it would be as much trouble as shooting a human being.

Perhaps I should stick with the bear spray and the little bell that frightens them away.
 
Status
Not open for further replies.
Back
Top