Can I buy gun in USA on work permit (H1 B) ?

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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rcdoma
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by rcdoma » Thu Oct 29, 2009 5:29 am

You might have better luck at some of the smaller gun stores. If they tell you that your DL is less than 90 days old, just show them your utility bills from the past three months and your port of entry stamp on your Passport and convince them that you've been there for over 90 days but just got your PA DL as you were driving with your Indian/International DL.

If that doesn't work just wait for your DL to be 90 days old, you'll have more time to research what you want to buy :)

BTW, welcome to IFG and good luck buying your gun!

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Sakobav
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by Sakobav » Thu Oct 29, 2009 6:37 am

I wouldnt push the envelope and follow the rules to the t there is no point in rushing few days here or there wont make a difference. In the mean time figure out the gun you want.

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xl_target
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by xl_target » Thu Oct 29, 2009 7:40 am

ProudI wrote:I went to the gun store today and I have all the required documents and proof of 90 days residence in utility bills.

The store owner said that it was all good, except my Pennsylvania driver's license doesn't say that I've been here for more than 90 days yet (I have been here for 92 days, but I didn't get my driver's license right away.)

Do I have to have had my driver's license for over 90 days?

I don't see that requirement anywhere in the law, statutes, or rules.

non-immigrants don't have to have a U.S. driver's license. Shouldn't my 3 months of utility bills be enough?
It is hard to blame the dealer as the BATF will crack down on them even for clerical errors. Many of them will be overly cautious rather than make the one sale that they are unsure of. Believe me, all of them want to make the sale but if they are caught selling to someone ineliglble, they could lose their FFL and consequently their business. I would suggest that you find another dealer or come back when your license is valid for the 90 day period.
I don't believe that anyone is deliberately trying to deny you the purchase. They are just trying to make sure that they have crossed all the T's and dotted all the I's. A mistake on their part could have repercussions on their business. Put yourself in their shoes for a minute.
“Never give in, never give in, never; never; never; never – in nothing, great or small, large or petty – never give in except to convictions of honor and good sense” — Winston Churchill, Oct 29, 1941

msandhu
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by msandhu » Thu Oct 29, 2009 7:10 pm

Well by law all you need is a proof that u have been living in the state for 90 days and for that utility bill should be sufficient. But some store owners do not want to take risk and ask for license too.
If you can wait a little, i do not think you will have any issue after that .
By the way which gun store did you go in Penn ?
Cheers
MSandhu

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HSharief
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by HSharief » Thu Oct 29, 2009 10:41 pm

Like others have said, just wait out the 90 days and get ALL your ducks in a row. Not just the dealer, you don't want to even appear to be trying to get around something. Things can get ugly on a small technicality and you want all those things on YOUR side.

BTW, some state laws maybe (and are) more restrictive than the ATF policy for non-citizens. Basically,

1. You need to be legally in the US
2. for a period of 90 straight days atleast and be able to show proof. Last year, when I bought a gun, and they did the NICS check, it had to go to the DHS to verify my status, they told me that I have to wait as I had just returned from outside the US less than 90 days before, even though I had a current license that was more than 2 years old and ute bills for the same period. I requested the dealer to hold it for me and returned later to pick it up :(
3. you need to have a hunting license or membership in a shooting/hunting group

Like in Michigan you atleast need to have a green card to have a handgun but not needed for long guns. I don't know about GA or other states. There may also be local laws in the city/county that you live in. The best way to find out is start the process, each roadblock you get, solve it, if it can't be solved then you don't. It is one of the major reasons, I hope I don't have to move to Massachusetts :)

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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by MoA » Fri Oct 30, 2009 12:52 am

A lot of the laws vary from state to state.
I applied for a CCW and cleared the course at the S&W facility in MA, while living there. Didnt have any issues. The laws changed somewhat after 9/11.

Check your state laws, if the PD runs a CCW course, attend it. Will help with the BG checks. You could also become a member of a range. Also get a Curio and Relic collectors license, <$100 and will in effect make you FFL compliant.

Post 9/11 I sold my firearms, and stopped learning how to fly. Wasnt worth the crap and hysteria it was producing.

msandhu
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by msandhu » Fri Oct 30, 2009 1:05 am

Hi,
For PA there are no extra gun buying laws. I checked that last year with ATF. It follows the federal requirements for non-citizens which i think are :
1) Be present legally in US ( F1, H1 etc)
2) Be a resident of the state and have continuously stayed in state for at least 90 days ( utility bills)
3) Have a hunting license ( take a hunting education class)
4) Must be able to clear the background check ( this can take few hours to few days . Usually it takes less time if there is no record)

Cheers
MSandhu

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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by eklavya » Mon Jul 05, 2010 10:21 am

hi Friends,

One question/clarification related information in this thread:
1.Requirement to have hunting permit is just to buy firearm or you need to have valid hunting permit all the time while you own firearm?

Cheers,
Eklavya

msandhu
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Re: Can I buy gun in USA on work permit (H1 B) ?

Post by msandhu » Mon Jul 05, 2010 7:01 pm

That is a good questions..I do not know for sure but will ask around.. By the way i keep my hunting license up to date just to be on the safe side..
Cheers
MSandhu

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