MO/KS: Legal(!) immigrant question

[Gildas]

First of all, I'd like to say hello, been lurking here for several months now and I think I get the etiquette of the forum now.

Now, my question. I'll be moving to the USA sometime later this year, once I've navigated the immigration maze. (My wife is American, but we currently live in England, and once we've moved I will be a Lawful Permanent Resident). While we don't know for sure where we will settle down, the most likely destination is the Kansas City area, so I've been doing some research on firearm laws there.

As I understand it, if we live in MO, I will be prohibited from buying a handgun until I am a citizen. What I don't understand is whether that means anything when it comes to possession. For example, we won't be in Missouri at first so, if we were somewhere where it would be legal for me to buy a handgun and I did, what happens if we then moved to Missouri?

Thanks for any thoughts you have on this.

 

[RS3RS]

While I don't know a thing about immigration laws, I do know that avoiding Missouri's system by buying a gun in another state is against federal law - buying a gun in a state you are not a resident of is illegal.

However, if you are a legal resident of another state and buy a firearm there, you can keep your gun when you become a resident of Missouri with no problems.

P.S.: I don't know how set you are on the KC area, but you might want to at least give the Springfield area a look around before making up your mind. It's less liberal down here, and from my limited experience, guns are looked more kindly upon in this area. It's a smaller area, of course, but it's safer and has a better general vibe than KC or St. Louis in my opinion.

 

[SMLE]

I was not aware that Mo. had a law that prohibited non-US citizens from buying guns if they were legal residents. I know that here in New Mexico, non-citizen, lawful residents CAN buy guns, including handguns.

PS after doing a little looking, it seems the non-citizen prohibition only applies to "concealable" guns. Not sure about long guns?

 

[Stand_Watie]

Welcome to the board and welcome to the country Gildas. I think you're going to like it. You've a lot of adjustment ahead, but most of the British ex-patriots I meet like it. I'm not up on Missouri's gun laws, but the laws of the state's I'm familiar with treat the legal right to purchase a gun quite differently than the right to posess a gun. I would strongly suspect that if it were legal for both you and your wife to posess the gun in question, but not legal for you to purchase the gun, that *your wife could simply buy the gun*.

Another issue is that it may be legal for you to purchase the handgun from a private party, but not from a federally licensed gun dealer. That would be the case for example, if you were 18 -20 years of age and lived in Michigan. By all means, get the details of Missouri law nailed down exactly before any gun posession or purchases.

*Important! Don't skip this part* Your wife probably cannot legally buy the gun for you, as that might be a 'straw purchase' which is a big no-no under federal law. However if she buys the gun for herself, and you have the legal right to be in posession of it it shouldn't be a problem for you to be in posession of it. It might seem like a question of semantics, but people go to jail frequently enough in both of our countries over issues of semantics. Get the exact definition of "straw purchase" nailed down before anyone buys a gun that may be posessed by anyone else.

http://www.missourisportshooting.org/

http://www.gclastl.org/

http://www.moccw.org/

http://www.moccw.org/

http://www.wmsa.net/

Why don't you try emailing the groups above? I'll bet at least one of them has a bona - fide gun rights attorney on board that is well versed in Missouri law and can give you more precise information than I can.

I'd like to second RS3RS's opinion about Springfield. Nothing against KC, but it's a typical large American city, with all the problems that come with that. Springfield is more of a medium sized town with a small town feel. It's large enough to have good employment opportunities though. A good climate and beautiful scenery.

P.S.: I don't know how set you are on the KC area, but you might want to at least give the Springfield area a look around before making up your mind. It's less liberal down here, and from my limited experience, guns are looked more kindly upon in this area. It's a smaller area, of course, but it's safer and has a better general vibe than KC or St. Louis in my opinion.

 

[wdlsguy]

I will be a Lawful Permanent Resident).

Come to Texas instead. You'll be able to buy a handgun and get a license to carry it.

 

[Kamicosmos]

I think in MO you can buy a handgun as a legal alien. I'm not 100% though. This question isn't one that comes up too often.

I live in Kansas City, MO. I lived and worked in England for 6 months back in 2002. I think you'll like it here for the most part. Some tips: Buy a heavy winter coat, get used to 100 degree summers, no Tube and no interest in Football (Soccer) but rabid Football (American football) fans, and you'll do just fine!

Also, you might post your question over at www.missouricarry.com . It's our CCW board, lots of knowledgeable people over that that know our gun laws very well!

 

[RS3RS]

I would strongly suspect that if it were legal for both you and your wife to posess the gun in question, but not legal for you to purchase the gun, that *your wife could simply buy the gun*.

Another issue is that it may be legal for you to purchase the handgun from a private party, but not from a federally licensed gun dealer. That would be the case for example, if you were 18 -20 years of age and lived in Michigan. By all means, get the details of Missouri law nailed down exactly before any gun posession or purchases.

*Important! Don't skip this part* Your wife probably cannot legally buy the gun for you, as that might be a 'straw purchase' which is a big no-no under federal law. However if she buys the gun for herself, and you have the legal right to be in posession of it it shouldn't be a problem for you to be in posession of it. It might seem like a question of semantics, but people go to jail frequently enough in both of our countries over issues of semantics. Get the exact definition of "straw purchase" nailed down before anyone buys a gun that may be posessed by anyone else.

That's the way it is in most states, but Missouri has the strangest system, which I hate.

571.080. 1. A person commits the crime of transfer of a concealable firearm without a permit if:

(1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm, unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm; or

(2) He sells, leases, loans, exchanges, gives away or otherwise delivers any concealable firearm, unless he first demands and receives from the person receiving the firearm a valid permit authorizing such acquisition of the firearm.

Source: http://www.moga.mo.gov/statutes/C500-599/5710000080.HTM

The way I read that (keep in mind I'm not a lawyer or anything), it would mean you would have to get a permit to acquire a concealable firearm for your wife to simply hand you the gun to shoot, much less buy it for you, sell it to you or give it to you.

For her to give you a hand gun in anyway, you could both be charged with class A misdemeanors.

Yay for Missouri's system... :banghead:

If you read the whole thing, though, you'll note that you have a few options if you're REALLY desperate for a handgun. That law doesn't apply to antique or replicas of antique firearms (so you could get a blackpowder handgun, like a Ruger old army .44), nor does it apply to Curio or Relic firearms (simply put, any gun 50 or more years old).

 

[Gildas]

Thanks for your comments.

I've been to Springfield, albeit briefly, when I was last over on holiday and I liked it there. We're looking at the KC area because thats where the companies I'm likely to apply to seem to have offices and because of the airport (since my relatives will still be in the UK).

In the end the biggest factor is going to be where I find a job, but assuming it is in KC, then ease of getting into guns will be a factor for me in deciding between the MO and KS sides of the state line...

 

[Jim March]

The state of California long ago decided that restricting the arms access of legal alien residents ("green card holders") was a violation of their civil right to equal protection and struck similar laws in California.

The court found that it was a violation of people's 14th Amendment right not to be discriminated against on the basis of "national origin".

Interesting reading:

http://www.equalccw.com/rappard.txt

 

[wdlsguy]

Because of Missouri's citizenship requirement to purchase a handgun, you might be better off living in Kansas. As a resident of Kansas, you can apply for a Pennsylvania non-resident license to carry firearms, which is valid in Missouri.