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Non-citizen wants to purchase firearm in Texas...help please.

Discussion in 'Legal' started by King Red, Sep 6, 2008.

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  1. King Red

    King Red Member

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    I have a coworker (registered nurse with no criminal history) who has become interested in purchasing a handgun for range/defense use.

    He is originally from the Phillipines and has been here in Texas a little less than 2 years. He is not a citizen but he has a passport and visa (I don't know if that's what they call a green card or not).

    So, can he walk into a gunshop and purchase a firearm or will there be all kinds of red tape to wade through? Also I mentioned to him that if he was not able to purchase a firearm at an FFL, he could probably buy one at a gunshow from a individual seller. Is that sound advice or ill-conceived?

    Any help would be appreciated. I'm going to recommend the Ruger GP 100 to him so he can learn with .38Sp, but have the .357 option also. Also the single action capability will make it easier for him to shoot in the beginning.

    Any help with these laws would be appreciated.

    Thanks!!
     
  2. Duke Junior

    Duke Junior member

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    Read this:

    http://volokh.com/posts/1218687757.shtml

    Texas 1876: “Every citizen shall have the right to keep and
    bear arms in the lawful defense of himself or the State; but the
    Legislature shall have power, by law, to regulate the wearing of
    arms, with a view to prevent crime.”70
    1868: “Every person shall have the right to keep and bear
    arms, in the lawful defence of himself or the State, under such
    regulations as the legislature may prescribe.”71
    1845: “Every citizen shall have the right to keep and bear
    arms, in the lawful defence of himself or the State.”72
    1836: “Every citizen shall have the right to bear arms in
    defence of himself and the republic. The military shall at all
    times and in all cases be subordinate to the civil power.”73

    Very interesting.IANAL.Many here are and will interpret.
     
  3. RNB65

    RNB65 Member

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    This has been discussed in detail in the past. I believe the consensus opinion was that if the person has a permanent resident visa (green card), they can buy guns the same as a citizen. People on temporary visas (no green card) cannot. It will all depend on his visa status as to whether he can purchase and/or possess a firearm.
     
  4. MD_Willington

    MD_Willington Member

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    Non-Immigrant VS Immigrant Alien

    aka

    Non-permanent VS Permanent resident

    While there are provisions for non permanent aliens using/obtaining firearms, generally they are forbidden from attaining firearms.
     
  5. rondog

    rondog Member

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    Get a used one from a private seller, like from a newspaper ad or Pennysaver-type paper?
     
  6. NC Dave

    NC Dave Member

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    I doubt that he has a green card. He has not been here long enough. Also, given all the paperwork you have to fill out, the bucks you have to pay, and the hoops you have to jump though, he would know if he had a green card.
     
  7. NC Dave

    NC Dave Member

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    Not to go too far off-topic, but...

    The gun-grabbers just love it when people on our side publicly make suggestions on how to skirt the law! :fire:
     
  8. SCKimberFan

    SCKimberFan Member

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    Not off-topic at all. Thanks for pointing it out.
     
  9. cambeul41

    cambeul41 Member

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  10. orionengnr

    orionengnr Member

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    There is a question on the 4473 that addresses this IIRC...anyone have one handy?

    Talk to an FFL. Do it legally or don't do it.
     
  11. JImbothefiveth

    JImbothefiveth Member

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    If it's illegal for him to buy it at gun store, isn't it also illegal for him to buy it at a gun show?:scrutiny:
     
  12. nalioth

    nalioth Member

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    Residential qualifications aside, the above is not a good idea (for training anyone).
     
  13. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Here's a scan of one.

    http://www.atf.gov/forms/4473/
     
  14. BigRobT

    BigRobT Member

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    http://www.atf.treas.gov/firearms/faq/faq2.htm#b13
     
  15. rondog

    rondog Member

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    How is this off-topic or "skirting the law"? People buy and sell guns every day, all over the country, in face-to-face private sales, through newspaper ads. Not as common as it used to be, sadly, but still legal as far as I know.
     
  16. Crazy Fingers

    Crazy Fingers member

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    Thank God we are smart enough to apply the Constitution of the United States to everyone in the country, alien or not alien. The Bill of Rights is not something that can be taken away from someone just because they are not citizens; they are basic human rights in our country that apply to everyone, regardless of origin.
     
  17. SCKimberFan

    SCKimberFan Member

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    How do those who are not citizens have the same rights as those of us who are? What then is the benefit of being a citizen of the US?

    The preamble states: We the people of the United States, not We the people residing here...
     
  18. NC Dave

    NC Dave Member

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    .

    If he can't legally buy one in the store, he can't legally buy one in a private sale.

    When the topic of this thread is about non-citizen wanting to purchase a firearm with regards to current US Law and the suggestion is to find a face-to-face private sale, I read it as trying to go around the law.

    If that was not your intention, I apologize.
     
  19. Art Eatman

    Art Eatman Administrator Staff Member

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    Lift up thine eyes unto the top of the Legal Forum page. Lo! And, Behold! The BATFE regulations, in all their Ecclesiastical Glory!

    :D:D:D
     
  20. stampsm

    stampsm Member

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    i just checked my laws and in nevada it is a misdemeanor crime for someone who is not a citizen of the united states to possess a firearm here.
     
  21. everallm

    everallm Member

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    Stampsm

    If you are a Permanent Resident Alien, aka Green Card holder and you aren't in any of the 4473 banned categories you are legal to buy.

    Nevada's law has no authority beyond the federal guidance.
     
  22. LAR-15

    LAR-15 Member

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    He could buy and own certain blackpowder firearms free and clear.

    Percussion, flintlock and certain primer ignition guns
     
  23. stampsm

    stampsm Member

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    i just re-read it and it does read that way, thats what i get for reading laws when i should be asleep.
     
  24. jdh

    jdh Member

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    Even with a green card he will have to present proof of residency. Three months of utility bills will work, a DL will not. Nics will ask the FFL holder for the alien number and if the proof of residency was presented before the instant check is performed.
     
  25. rondog

    rondog Member

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    Well, no, that wasn't my intention, I was just making a suggestion. But now that you've reminded me of the legality issue, I reckon it was a pretty stupid suggestion.

    It is legal for the rest of us though, right? I see guns in those little ad papers all the time.
     
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