Non US citizen on NFA trust


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Dan Forrester
November 9, 2013, 12:20 AM
With possible changes in the near future affecting NFA trusts I would like to add my wife while I still can. Only problem is that my wife is not a US citizen. She is a legal permanent resident but not a citizen.

So can I legally add her?

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Arizona_Mike
November 9, 2013, 01:24 AM
Right at the top of ATF form 5330-20 (http://www.atf.gov/files/forms/download/atf-f-5330-20.pdf):
18 U.S.C. 922(g)(5)(B) generally makes it unlawful for any nonimmigrant alien 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 shipped or transported in interstate or foreign commerce.
A nonimmigrant alien is an alien in the United States in a nonimmigrant classification. The definition includes, in part, persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a residence abroad, and certain foreign workers.
The definition does NOT include permanent resident aliens
If she is a legal resident with a green card she is good to go.

Also it is highly unlikely that the ATF will attempt to do anything but change what trusts they will approve (if they even go that far). Changing a trust after approval is governed by state law.

Even if she could not posses the item(s) legally, she can still be added to the trust, she just cannot posses the items. It's no damn business of the federal government how you as Grantor control the trust. That would be like the ATF approving every person a corporation hires or fires . . .

Mike

zignal_zero
November 9, 2013, 02:23 PM
AZ Mike done nailed it shut!!!! :D

Most folks throw all aliens together. HUGE difference between a immigrant visa and a non immigrant visa. The first one is what a permanent resident would be considered. Lemme guess - she has a "CR-1" visa right? AFAIK completely good to go. Also, if the clerk knows his butt from his elbow, she could also walk into a gun store and buy whatever title 1 guns she wants.

On a side note, how far is she from getting naturalized? Or are y'all even gonna go that far? Being married to a U.S. citizen REDUCES the amount of time she has to live in country before she can get naturalized (3 years).

Dan Forrester
November 10, 2013, 12:24 PM
Thank you for the encouraging news Mike. I guess itís not big rush that I add her. Although its still something I should do soon since I keep a suppressed AR15 as the primary home defense gun.

Zignal Zero: Not sure what kind of visa she had when I met her; some kind of a work or student visa. Now she has a temporary Green Card but that will become a permanent Green Card this spring. After her green card becomes permanent I think it is 3 years from that point. And yes she is planning on becoming a full US citizen as well as keeping her current Hong Kong citizenship. Luckily both countries allow dual citizenship.

Thanks, Dan

Prince Yamato
November 10, 2013, 02:07 PM
If she can buy a gun on a regular 4473, she can own an NFA weapon.

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