Legal alien gun possession

[PolarFBear]

I can not find a definitive answer to a question. Can a LEGAL alien, 40 years with a "green card" (they are not really green anymore) legally own a gun in the United States. My conjecture is that a long gun is legal. A hand gun is not. Any references?

 

[Theohazard]

I don't have the time to provide references at the moment, but I've been selling guns at two different gun shops for almost 5 years now and I can tell you that a legal alien with a green card has all the same firearm purchase rights as a citizen does. The only extra step is that you need to show your green card when filling out the 4473.

Keep in mind that this is federal law I'm referring to: As always, state and local laws might differ.

 

[jtmckinney]

I spent part of Christmas day visiting with a friend of my son's and his date who is a legal alien. He has purchased several firearms, both long guns and hand guns.

He did say one thing that I didn't question at the time but have wondered about since and that is he had to get a hunting license before the purchases could be made. Maybe this is a Texas thing or maybe some bad information he got.

 

[carguychris]

PolarFBear, I think you'll find that most of your questions are answered here:

https://www.atf.gov/qa-category/nonimmigrant-aliens

Or here:

https://www.atf.gov/firearms/qa/may-aliens-legally-united-states-purchase-firearms

The key to understanding the dense legalese is that a lawful permanent resident (i.e. a "green card" holder) is an immigrant alien, and not a nonimmigrant alien nor an illegal alien.

AFAIK under federal law, a lawful permanent resident has almost all of the same rights and privileges as a citizen with regard to firearms and ammunition; it makes no difference whether it's a long gun or a handgun. The only exception I'm aware of is that a non-citizen may not order firearms from the CMP.

 

[carguychris]

...[my son's friend] had to get a hunting license before the purchases could be made. Maybe this is a Texas thing or maybe some bad information he got.

It's NOT a Texas thing. Under federal law, a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa may not lawfully possess firearms or ammunition unless he or she fits under one of several exceptions, the most common of which is possession of a valid hunting license. (The other exceptions apply primarily to foreign law enforcement and military personnel on official business.)

https://www.atf.gov/firearms/qa/may...dmitted-united-states-under-nonimmigrant-visa

FWIW this prohibition does not technically apply to nonimmigrant aliens who have been lawfully admitted to the United States under one of several dozen visa waiver programs, but many FFLs insist on seeing a hunting license anyway, because it's not easy for a FFL to verify whether a foreigner properly qualifies for a visa waiver (which are often conditional based on factors that the FFL would have no way to verify). It's CYA.

And to be clear... this does NOT apply to lawful permanent residents. See my previous post.

 

[jtmckinney]

Carguychris, Thanks for the info and link. He is proud of his home country but is glad his US employment opportunity is in Texas.

 

[Frank Ettin]

Let's look at current federal law, see 18 USC 922(g)(5):

(g) It shall be unlawful for any person—

(1) …

(2) …

(3) …

(4) …

(5) who, being an alien—

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (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)));​

(6) …

(7) …

(8) …

(9) …
​

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

and 18 USC 922:

Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—

(1) Definitions.— In this subsection—

(A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and

(B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).​

(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;

(B) an official representative of a foreign government who is—

(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or

(ii) en route to or from another country to which that alien is accredited;​

(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or

(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.​

The statutes I cited generally prohibit possession of guns or ammunition by aliens present in the United States on a non-immigrant visa. An alien lawfully in the United States on an immigrant visa is not a prohibited person under federal law; and an alien lawfully present in the United States on a non-immigrant visa can come within an exception to the prohibition by getting and maintaining a hunting license.

 

[carguychris]

...an alien lawfully present in the United States on a non-immigrant visa can come within an exception to the prohibition by getting and maintaining a hunting license.

FWIW I feel it's important to emphasize a crucial aspect of Frank's post... the word maintaining.

As the law is written, an alien lawfully present in the United States on a non-immigrant visa becomes a prohibited person the moment that his or her hunting license lapses! Watch that renewal date!

 

[Texas45]

My buddy who is a legal immigrant from Columbia just purchased a glock G30S and went through/passed all bc same as me a born in usa guy.


Sent from my iPhone using Tapatalk

 

[Frank Ettin]

My buddy who is a legal immigrant from Columbia just purchased a glock G30S and went through/passed all bc same as me a born in usa guy. ...

That's fine as long as he's here on the appropriate visa or is otherwise qualified as described above.

 

[hagar]

Green card holder for the most part has all the same rights as a citizen. But cannot hold an FFL, even a C&R.

Foreign visitors I believe CAN purchase rifles if they have a valid hunting permit for the state of sale.