Vt Shooter a Chinese National on Student Visa?

[sar]

http://www.suntimes.com/news/nation/343354,vatech041607.article

Gunman kills 32 at Virginia Tech before being killed
(http://www.suntimes.com/news/nation/343354,vatech041607.article)

April 16, 2007

BY MICHAEL SNEED Sun-Times Columnist
Authorities were investigating whether the gunman who killed 32 people on the Virginia Tech campus in the deadliest shooting rampage in U.S. history was a Chinese man who arrived in the United States last year on a student visa.


The 24-year-old man arrived in San Francisco on United Airlines on Aug. 7 on a visa issued in Shanghai, the source said. Investigators have not linked him to any terrorist groups, the source said.


Police believe three bomb threats on the campus last week may have been attempts by the man to test the campus’ security response, the source said.


The exits to the buildings where the shootings occurred were chained by the shooter, the source said.


Students complained that there were no public address announcements or other warnings on campus after the first burst of gunfire. They said the first word they received from the university was an e-mail more than two hours into the rampage — around the time the gunman struck again.


Virginia Tech President Charles Steger said authorities believed the shooting at the dorm was a domestic dispute and mistakenly thought the gunman had fled the campus.


‘‘We had no reason to suspect any other incident was going to occur,’’ he said.

He defended the university’s handling of the tragedy: ‘‘We can only make decisions based on the information you had on the time. You don’t have hours to reflect on it.’’


Steger said the university decided to rely on e-mail and other electronic means of notifying members of the university, but with 11,000 people driving onto campus first thing in the morning, it was difficult to get the word out to everyone.


Virginia Tech Police Chief Wendell Flinchum would not say how many weapons the gunman carried. But a law enforcement official, speaking on condition of anonymity because the investigation was incomplete, said that the gunman had two pistols and multiple clips of ammunition.

 

[tyme]

What's the law on getting guns as a temporary resident? I'm not up on that.

 

[Kharn]

I think you have to be a permanent resident to get a firearm.

Kharn

 

[nobody_special]

What's the law on getting guns as a temporary resident? I'm not up on that.

It's generally prohibited by federal law for non-immigrant aliens to possess firearms. There are a few exceptions... you can petition the US attorney general (though I can't imagine how he'd have the time to address such a petition, as he's too busy trying to find excuses for his own criminal activities ). There is also an exception for aliens who have state hunting licenses.

 

[thirty-thirty]

Students complained that there were no public address announcements or other warnings on campus after the first burst of gunfire. They said the first word they received from the university was an e-mail more than two hours into the rampage — around the time the gunman struck again.

Now that's fishy. Another thing that doesn't make sense is how some Chinese guy that has only been here a few months develop Mossad-like skills. This is too strange and too convenient for Pelosi-Schumer-Feinstein-Waxman-Boxer etc. I somehow doubt we'll ever hear the true story about this.

 

[davec]

according to this web site:http://www.vrolyk.org/guns/alien-laws.html

Virginia:

* Concealed handgun licenses will be issued to green-card holders, not other aliens. See Code of Virginia Section 18.2-308, which says:

The following persons shall be deemed disqualified from obtaining a permit:
o An alien other than an alien lawfully admitted for permanent residence in the United States.
*

Licenses held by non-green-card-holder aliens from a state recognized by Virginia is a loaded question. On one hand, if a state's permits has been deemed as recognized by Virginia authorities, it should be okay. On the other hand, if the other state issues to non-green-card-holder aliens, by the strict letter of the law, perhaps that state should not have been recognized in the first place. Be discreet, I'd say; I'd rather not see Virginia stop recognizing other state permits over this.
*

Possessing "assault weapons" by a non-green-card-holder alien is a felony. See Code of Virginia Section 18.2-308.2:01 for details.
*

Without defining what it means, Virginia law prohibits all firearms possesion by a non-citizen "who is not lawfully present in the United States". See Code of Virginia Section 18.2-308.2:01.

 

[camacho]

This is from the ATF

In order to purchase firearms in the United States from a Federal
firearms licensee, an alien must:
(1) Be 18 years of age (21 for handguns);
(2) Provide the licensee with a government-issued photo identification
document;
(3) Complete ATF Form 4473, Firearms Transaction Record;
(4) Comply with the Brady law, 18 U.S.C. 922(t);
(5) Be a resident of the State in which the firearm purchase is made for
a period of 90 days and substantiate residency by documentation (for
example, utility bills or a lease agreement);
(6) Not be admitted to the United States under a nonimmigrant visa (for
exceptions, see 18 U.S.C. 922(y)(2)); and
(7) Not be a felon or within any other category of prohibited person.
An alien who is legally in the United States will be considered to be a
resident of a State for the purpose of complying with the GCA if he or she is
residing in that State and has resided in that State continuously for at least
90 days before purchasing a firearm. Note, however, that even a legal
resident alien who has lived in the United States for many years will have to
wait 90 days before purchasing a firearm if the alien changes his or her State
of residence.

 

[davec]

have a link or source for that camacho?

 

[camacho]

Here it is:

http://www.atf.gov/firearms/feib/guidebook/FEA-Docs/App-A.pdf

The date of this document is 2000 but my quick search did not find anything newer, so I assume those regulations are still in effect.

When you open the document scroll down to "Sale of Firearms to Aliens in the United States". Page 273.

 

[Pevey]

Things are moving too fast with too little facts. Reports are that he entered the country on a student visa in August. He could have been in the US before that on a student visa. Lots of variables. The truth will come out.

 

[nemoaz]

There is no such thing as a "temporary resident". Legal aliens come in two flavors, non-immigrant (who include students) and immigrants (who include permanent residents as a special class with more rights and who are almost impossible to deport). Non-immigrants (and illegal aliens) cannot possess firearms.

Here's the code, 8 usc 922(g)

(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(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) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,

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.

 

[CDignition]

Goes to show, I guess those laws don't really work, huh??

 

[atek3]

Is that in effect saying that F-1 Visa holders can't go shooting? How is it that there are ranges in hawaii that cater to japanese tourists?

atek3

 

[longeyes]

Yeah, the truth will come out--unless it might subvert certain political agendas being pushed by our clerisy and corporate poobahs.

 

[MikeH]

§ 922 does allow some exceptions for non-immigrant aliens to legally possess firearms and ammunition. Otherwise, the US won't be able to host any Olympic and other international shooting competitions at all.

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

 

[JahRoose]

From everything i have seen the guy had a greencard when he bought the firearms in roanoke.

(as well as a check book and other forms of ID)

 

[atek3]

Anyone know how a foreigner becomes "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."

I'd say tht going shooting with friends is a lawful sporting purpose, do they need a permit to prove it? and if so, how do they get one?

Thanks,
atek3

 

[Art Eatman]

We now have been told he was a South Korean, and here with permanent resident status.

So, no more speculation is needed. Thanks for the posting of the pertinent law.

Art