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Non US citizen on NFA trust

Discussion in 'NFA Firearms and Accessories' started by Dan Forrester, Nov 8, 2013.

  1. Dan Forrester

    Dan Forrester Well-Known Member

    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?
  2. Arizona_Mike

    Arizona_Mike Well-Known Member

    Right at the top of ATF form 5330-20:
    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 . . .

  3. zignal_zero

    zignal_zero Well-Known Member

    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).
  4. Dan Forrester

    Dan Forrester Well-Known Member

    Thank you for the encouraging news Mike. I guess it’s 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
  5. Prince Yamato

    Prince Yamato Well-Known Member

    If she can buy a gun on a regular 4473, she can own an NFA weapon.

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