Firearm ownership and resident aliens?

[FerFAL]

Anyone knows which states allows legal aliens to won guns, or people with work visas?

Seems that getting a green card can take up to 1 or 2 years, and that’s seems like a lot of time to go unarmed.


Seems that it varies from state to state. For sure, this will influence the state I go to once we move.

Any help with all this visa/alien/gun ownership thing would be appreciated.

FerFAL

 

[Art Eatman]

BATFE regs are stickied at the top of the Forum page.

 

[Scattergun Bob]

I truly hope that NONE do!

This is not directed personally at you, it is a general statment. The 2nd should apply to only Citizens of the United State. I know this is not the case. My understanding is in my state you can not get a CPL unless you are a citizen.


You seem to suggest in other posts that you go aboult your life armed well I your country, why not stay there.

 

[everallm]

So Scattergun, It's OK for a GC'er to own property, pay taxes, register for Selective Service, contribute to Social Security etc etc but not own a firearm....?

Fortunately not even the federal government gives that credence.

Firearms ownership by Permanent Resident Aliens, AKA, Green Card holders is not a state issue purely a federal/NICS issue.

As a GC holder you can purchase any firearm a US citizen can, you just have to show your GC and additionally to any other weird state requirements, 90 days of utility bills/credit card statements etc demonstrating residence.

So for example here in NJ I need to have a Firearms ID card like anyone else, when I buy, when the 4473 NICS form is being filled in have to show GC and 90 days of utility bills. Ideally have your drivers licence (which has a photo AND your address on it, with you as well.

If you are visiting as a hunter you can in many states apply for a hunting license, import your weapon, shoot and have to take your weapon back out with you. Only good for that period of time of hunting

If you have an L1 or H1B or equivalent legal residence working visa you are SOL, you are not classed as a permanent resident and therefore not legally entitled to purchase or own firearms.

CCW is a state level issue and some say GC'ers are good to go, others say no way.

 

[Titan6]

What Art meant to say is that the Feds do not severely limit ownership if you are in the country legally (although there are some limits). It would be unwise to do so, especially now as that would be considered a violation of your civil rights. If you are in the country illegally then you committed a crime to get here and therefore there are frowns all around.

I do not know of any state that fruther limits ownership based upon residency however there are many states that limit ownership based upon the level of trust that they have in their citizens. The NRA has a general outline of state by state by firearm regulation that might help you in shopping around for a state to reside.

For freedom, think mostly interior of the country and avoid the coasts, although there are a few exceptions.

So far as I am concerned you are welcome to come here any time.

 

[FerFAL]

Scattergun Bob wrote:
This is not directed personally at you, it is a general statment. The 2nd should apply to only Citizens of the United State. I know this is not the case. My understanding is in my state you can not get a CPL unless you are a citizen.

I thought the 2A referred to “people”, as in people that have the privilege of inhabiting the USA soil.

Is this correct?

As long as I’m not a criminal ( living there illegally) why should the constitution not apply to me?

You seem to suggest in other posts that you go aboult your life armed well I your country, why not stay there.

Because being armed is not the only thing that matters in life. At least in mine.


FerFAL

 

[Scattergun Bob]

everallm

Basiclly YES,

One of the things that make this country different than others, is that citizens have THE RIGHT TO DECENT, it is one of our most important freedoms.

As I said, I am not pointing this a anyone, I am exercising MY right to decent and state that I FEEL that the 2nd should only apply to citizens of the U. S.. Does anyone have a problem with that!

I could rant and rave about why I feel this way, WHO CARES, I am not asking anyone to judge the the merit of my decent, or to try and guess what box I fit in by my statement.

It simply IS WHAT IT IS, a statement by a citizen of the United States, it does not violate the conditions of this forum, it does not "incite to riot" it does not "harm the public good".

FERFAL READ ABOVE

 

[FerFAL]

ookkk.. Calm down, it was just a question.

FerFAL

 

[Scattergun Bob]

FERFAL,

No problem, good luck in your endeavors.

 

[kingpin008]

Uh, Scattergun - The word you're looking for is "dissent", not "decent". Just sayin'.

And yeah man, slow it down a bit. No need to get all twisted up. We're all friends here, remember?

 

[Scattergun Bob]

kingpin008

Your absolutely right, sometimes I just let the spell checker do its thing, guess I have to actually pay attention.

everallm said "Fortunately not even the federal government gives that credence."

I think this required a response, and I responded.

Good Luck & Be Safe

 

[eric.cartman]

Scattergun Bob, I'm sorry you feel that way.

My wife got a green card last year after we got married. We sent out her CWP application right away. Now she had a gun I gave her (P32) and a license to carry.

Yea, she's not a citizen, but she's a legal resident of the USA and the state of FL. She works legally, and pays taxes. Darn right she has a right to have a gun for self defense, and carry it!!!

 

[eric.cartman]

Oh yea, did I mention there is a future US Citizen growing in her belly and a son of a US citizen

So technically, by weight, she's 99% ALien, 1% US citizen ;-)

 

[LegalAlien]

To FERFAL and to SCATTERBOB

Per my handle . . . I am legal alien . . permanent resident . . employed. . tax payer . . . social security contributor . . . .AND FL GUN OWNER WITH A CWL!!!

<Grammaw cleaning up Low Road insult> (my apologies for the lapse in self control and the low road comment to Scattergun Bob

FERFAL . . yes . . . in FL you can own guns and even qualify for CWL . . . requires a little more hoops to jump through every time you want to purchase a firearm

and BTW . . . BATFE form 4473 questions 10 and 11 covers non-citizens firearm ownership.

 

[Ergosphere]

FerFal -- first, thanks for your writeup on the situation in Argentina from a couple years ago (seen on other forums). It's insightful and I got a lot out of it.

Here's the situation regarding aliens and firearms. Non-resident aliens (i.e. those without a green card) are prohibited persons, unless they fall within a few excepted categories... one of which being if they possess a valid state hunting license. So, as a non-resident alien you're okay with the feds if you get a cheap small game hunting license, and make sure to renew it every year before it expires.

Resident aliens (green card holders) have the same 2nd amendment rights as anyone else.

The law is a bit more subtle than this, as non-resident aliens are properly classified by their immigration or visa category rather than merely the possession of a green card; but I think my overview is largely correct.

Avoid Washington state, which requires aliens to have a special license that is no longer issued, and of course avoid the 6 "bad" states (California, Massachusetts, Illinois, New York, New Jersey, and Maryland IIRC).

New Mexico has good firearms laws, but does not allow non-citizens to obtain a CCW permit. Fortunately, aliens can obtain a Utah non-resident CCW permit, which is valid in many western states. California doesn't discriminate against aliens in state law, but carry of any sort is generally not permitted in CA at the moment. I don't have any state specifics aside from that.

 

[Canuck-IL]

Avoid Washington state, which requires aliens to have a special license that is no longer issued, and of course avoid the 6 "bad" states (California, Massachusetts, Illinois, New York, New Jersey, and Maryland IIRC).

Your post is ambiuguous ... avoid those 6 states for what? If you meant to reference CCW, then you needn't discuss immigration status to state that IL should be avoided - IL doesn't permit concealed carry (ignoring poitician's bodyguards, etc.).

As to purchasing and ownership, a resident alien in IL, as noted above, has to show 3 months utility bills or the like to demonstrate residency. Also, the green card number is recorded on the BATF form. Other than that, the possession and 'cooling off' restrictions (3 days handgun, 1 day long gun) are the same.
/Bryan

 

[99sparks]

I do not see any thing about a green card?
http://www.atf.gov/firearms/faq/faq2.htm#b13

(B13) May aliens legally in the United States buy firearms?[Back]
An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.
See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]

 

[LegalAlien]

I do not see any thing about a green card?

That is correct, but Q11 on form 4473 asks for "green card" A# . . and if you do not have that. .. no go

 

[99sparks]

"An alien legally in the U.S. may"

The key word is legaly? If they are here legaly they have that info. Is that correct? BTW: INS-issued alien number or admission number?

 

[LegalAlien]

From the BATFE Q&A:-

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) . . .
(2) . . .

(3) . . .

(4) . . .;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) . . .;

(7) . . .;

(8) . . .

(9) . . .

(10) . . ..

Not all 'legal aliens'.
Per B5.5 above if you are an alien under a nonimmigrant visa it will be a no-go as well. Little green men landing in New Mexico cannot own a firearm

 

[Ergosphere]

That is correct, but Q11 on form 4473 asks for "green card" A# . . and if you do not have that. .. no go

That's not true; a non-resident alien with a hunting license and proof of state residence for 3 months can legally purchase a firearm.

I know this from personal experience.

 

[99sparks]

From the BATFE Q&A:-


Quote:
(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) . . .
(2) . . .

(3) . . .

(4) . . .;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) . . .;

(7) . . .;

(8) . . .

(9) . . .

(10) . . ..

Not all 'legal aliens'.
Per B5.5 above if you are an alien under a nonimmigrant visa it will be a no-go as well. Little green men landing in New Mexico cannot own a firearm

I think we agree. And you are correct. missed the quite
__________________
http://www.saf.org/journal/4_Schulman.html

 

[Kiwi]

Scattergun Bob

I have been living in the US for the past 9 years, I entered on a J-1 (1999) and was on that visa for three years then went to H-1B for six, I now have a green card. I will be able to sit the US citizen exam July 2013.

The change in Fed law was first enforced Feb 19th 2002, I was legally able to purchase firearms on the J-1 and H-1B's without issue this also includes class 3.

I also have a CCL and have so for the past five years.

It is going to take me 14 years to gain Us citizenship (total), 14 years of living in the land of the free without a firearm(s) to defend myself.........I don't think so.

 

[AntiqueCollector]

The 2nd should apply to only Citizens of the United State. I know this is not the case.

If you know it's not the case why did you feel it necessary to post this knowing it would stir up people's emotions?

And FWIW, you may want to study the history and significance of U.S. versus state citizenship, something that changed a lot after the Civil War.

 

[Art Eatman]

Stay with the original subject. Otherwise, there will be a virtual clunk of a lock closing.