Selling a gun to a non-citizen?

[ny32182]

I did some Googling and can't seem to find an answer.

I'm not an expert on immigration laws to please correct any known errors. I have a friend that is a Canadian citizen, but is in the US long term, to the best of my knowledge completely legally, with a "green card".

Is it legal for him to own a gun, period? Is it legal for him to buy from a dealer? Is it legal for him to buy face to face? This is in SC where normal face to face sale is legal between non-criminal citizens.

 

[GarySTL]

Not a lawyer, but I believe folks holding green cards can purchase and possess firearms.

 

[yugorpk]

Legal resident aliens are legal to buy and own firearms by federal law and SC law

 

[stonecutter2]

I did some Googling and can't seem to find an answer.

I'm not an expert on immigration laws to please correct any known errors. I have a friend that is a Canadian citizen, but is in the US long term, to the best of my knowledge completely legally, with a "green card".

Is it legal for him to own a gun, period? Is it legal for him to buy from a dealer? Is it legal for him to buy face to face? This is in SC where normal face to face sale is legal between non-criminal citizens.

Someone with a green card is a permanent resident, not a citizen. So might want to consult with a dealer or ask the police if the transaction would be legal.

 

[GarySTL]

Looks like I remembered correctly.

https://www.fbi.gov/about-us/cjis/n...-citizens-purchasing-firearms-1#disablemobile

 

[MedWheeler]

Yes. Totally legal. My wife was a green card holder for 14 years before finally becoming a US citizen. So were/are most of her friends, and there are more than a few lawful firearms owners/shooters among them.

 

[Frank Ettin]

Legal resident aliens are legal to buy and own firearms by federal law and SC law....

That is wrong. There are many persons from other countries who are legally living in this country who are prohibited under federal law from possessing a gun or ammunition. That would include aliens here on various student visas or other non-immigrant visas.

Let's look at current federal law, see 18 USC 922(g)(5):

(g) It shall be unlawful for any person—

(1) …

(2) …

(3) …

(4) …

(5) who, being an alien—

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));​

(6) …

(7) …

(8) …

(9) …
​

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 been shipped or transported in interstate or foreign commerce.

and 18 USC 922(y):

(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—

(1) Definitions.— In this subsection—

(A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and

(B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).​

(2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—

(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

(B) an official representative of a foreign government who is—

(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or

(ii) en route to or from another country to which that alien is accredited;​

(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or

(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.​

The statutes I cited generally prohibit possession of guns or ammunition by aliens present in the United States on a non-immigrant visa.

 

[GAF]

I have a friend who is from Germany and has a green card.

He goes into a gun store and buys a gun just like the rest of us.

 

[dogtown tom]

Frank Ettin

Quote:
Originally Posted by yugorpk
Legal resident aliens are legal to buy and own firearms by federal law and SC law....

That is wrong. There are many persons from other countries who are legally living in this country who are prohibited under federal law from possessing a gun or ammunition. That would include aliens here on various student visas or other non-immigrant visas.

Not exactly.
If the buyer is legally in the US on a non immigrant visa, then all they need to do to purchase a firearm is hold a valid hunting license.

I do dozens of transfers every year to those in the US on a student visa or temporary worker visa.

It's right there in 18 USC 922(y):

(2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—

(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States...

 

[Frank Ettin]

Frank Ettin

Quote:
Originally Posted by yugorpk
Legal resident aliens are legal to buy and own firearms by federal law and SC law....

That is wrong. There are many persons from other countries who are legally living in this country who are prohibited under federal law from possessing a gun or ammunition. That would include aliens here on various student visas or other non-immigrant visas.

Not exactly.
If the buyer is legally in the US on a non immigrant visa, then all they need to do to purchase a firearm is hold a valid hunting license.....

Which is why I quoted the relevant statutes in their entirety.

The point is that yugorpk asserted that:

...Legal resident aliens....

could own guns. That is wrong, because that is not the test. The criterion for an alien legally present in this country to possess a gun or ammunition is not legal residency. The criteria, at least under federal law, are set out in 18 USC 922(y). It those criteria which are relevant, not legal residency.

There are aliens who have legal residency in this country, who do not satisfy the criteria of 18 USC 922(y), and who therefore may not legally possess a gun or ammunition. There are aliens who are legally present temporarily in this country, who are not residents, who nonetheless satisfy the criteria of 18 USC 922(y), and who therefore may lawfully possess a gun or ammunition under federal law.

 

[yugorpk]

I should have phrased it "Legal Permanent Resident Aliens who do not have other restrictions" i.e. "green card" holders with none of the usual disqualifiers that US citizens could have too. It just doesnt flow off the tongue.

 

[goldpelican]

I have a green card. I get to fill out exactly the same Form 4473 as anyone else - has a section specifically for green card holders. I need to remember to take my green card with me though as the form requires details off it to be complete.

 

[dogtown tom]

goldpelican I have a green card. I get to fill out exactly the same Form 4473 as anyone else - has a section specifically for green card holders. I need to remember to take my green card with me though as the form requires details off it to be complete.

Take a cell phone pic of the front and back.
(Many of my noncitizen customers do that)

 

[TheGerman]

Yep, as immigrant visa holder (to my knowledge anything that is not a visitor or student visa) AND being a resident for xx months (6 months in OH), you can own a gun, get a concealed carry permit, go hunting and so on. As a "Permanent Resident Alien", a Greencard holder, you go through the same process as before with the Visa. Typically, you get delayed with the NICS background check but it is the same process as with a U.S. citizen.

If I sell a gun to a state resident, I look at the drivers license which confirms residency for xx months/years (and age) and ask if there are any legal restrictions that would prohibit him/her from owning a firearm. Outside the state sales go through FFLs anyhow.

I'd say, if you are in doubt, either don't sell it or go to your local dealer and ask if for a fee he would run the background check for you...

 

[MedWheeler]

A "legal resident alien" is a "green card" holder. A so-called "green card" is an immigrant visa. Unless otherwise prohibited by the same criteria that would prohibit any of us, holders of an immigrant visa are indeed permitted by federal law to own and possess firearms. For immigration purposes, a "legal resident alien" is someone with an immigrant visa who maintains and resides at an address in the US, and does not in any other country.

I had to advise a real-estate lawyer once on this when my wife and I purchased a home together; he was certain that she would lack some of the rights of ownership and associated benefits should something happen to me because of her alien status. He did not know the true differences between "resident aliens" and "non-resident aliens" lawfully in the US.

Holders of student visas, work-exchange visas, or visitors of other natures are not "resident aliens", and do not hold immigrant visas, otherwise known as "green cards." They hold non-immigrant visas, and are considered "non-resident aliens." They may "live" within the US during the duration of, and for the purposes of, their stays, but are expected to still have an address that is considered "home" within another country.

It seems to be a matter of terminology or semantics within this thread, but the bottom line is, as far as federal law goes, "green-card" holders are good to go. If one is here on any other type of visa (B1/B2, J1/J2, H1/H2, etc.), then they would be restricted.

 

[444]

One of my best shooting buddies has been in the US for several decades but it a citizen of the UK (with a green card). He owns probably a half dozen machine guns and a handful of suppressors.



So, yes.