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

[NNP]

Hi all,

Well ;this is a legal question , but for US law and not India. (I am in Atlanta, USA on a H1 B VISA)

After doing all research and lot of help from you folks I finally decided to go for a .327 Fed Mag revolver (Charter Arms or Ruger)... since it can fire .32 S&W long too.

I was in for a shock when I vistied a dealer and he told me that they cannot sell arms to me unless i am a citizen or have a green card ! (Well maybe I am not aware of the laws here)

I recently have applied for a CCW at the Atlanta Police Department , but not got a permit yet.

I am a bit confused , I was told by the dealer that they are not allowed to sell firearms to non citizens (or folks without green card).

Does anyone have any information on this ? I recently went to a gun trade show and did see some nice guns and almost thought i ll have one with me soon ... but this is something new i got to hear.

Any suggestions would be very helpful.

Thanks
NNP

[CZHarry]

You may find the information you need at this link.
http://www.hooyou.com/news/news070408gun.html

What does an alien need to know about Federal Gun Laws?

Jian Joe Zhou, Attorney at Law

On Thursday, June 27, 2008, the United States Supreme Court delivered a historic ruling on the rights of an individual to own guns for self protection purposes. In its decision, the Court ruled that the 2nd Amendment to the US Constitution protects an individual’s right to keep a firearm, and the Court struck down a Washington D.C. law banning the possession of handguns. The controversial decision has sparked debates because it expands previous interpretations of the 2nd Amendment that understood the right to bear arms as a collective right that was only constitutionally protected when related to military service. This new ruling, in contrast, upholds the rights of hunters, marksmen and other individuals to possess firearms. Many anticipate that, in light of this new ruling, many state and local gun laws will be challenged in court and limitations on gun ownership may be reduced.

While the Supreme Court ruling may loose restrictions on firearms control for citizens and legal permanent residents, there are still state and federal regulations in place for nonimmigrant aliens who wish to buy or sell a gun in the US. At Federal level, in February of 2002, the U.S. Department of Treasury, Bureau of Alcohol, Tobacco, Firearms, and Explosives, announced that individuals who are not in valid status or who are in nonimmigrant status cannot buy, sell, or possess a firearm or ammunition in the US. The Department of Treasury’s announcement is a clarification of the implementation of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998 which amended the Gun Control Act of 1968. There are exceptions to this rule, but nonimmigrants should be aware that firearms violations may have lasting immigration implications.

In general, nonimmigrants (such as those who hold F, H, J, O, L status in the US) cannot purchase or possess firearms (including handguns and long guns) in the United States. However, some exceptions apply that allow nonimmigrants to purchase and own guns.

To qualify for an exception, an alien must first establish that he/she is in valid status and has an “A” number or Admission number (I-94 number) issued by USCIS. A nonimmigrant alien must also prove that he/she has been a resident of his/her home state in the U.S. for at least 90 days and will continue to live in that state. Nonimmigrants who wish to purchase handguns will also be required to purchase their firearm in their home state. Nonimmigrants who would like to purchase long guns may do so in any state, provided they meet the local regulations where he/she purchases the long gun.

Once these qualifications have been fulfilled, aliens must prove that they fall within one of the following categories:

Go to the link to read the rest.
========================================================================

The following was posted at another forum, however, this post is from 2004. I suggest you try to investigate this on your own at:
http://www.atf.gov/firearms/faq/faqindex.htm Go to section 'R'.There may be additional areas of interest for you, but I can't do it all for you.

More "Magic words": Residing for at least 90 days. Hunting License.
======================================================================================
(from a 2004 post.)
(A15) Q. May foreign visitors and other aliens legally in the United States purchase or possess firearms and ammunition while in the United States?


A. Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a State in the United States;

nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the competitive use or other sporting use of firearms;

certain diplomats;

officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;

foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

persons who have received a waiver from the prohibition from the U.S. Attorney General.
Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Immigration and Naturalization Service AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 days prior to the firearms transaction.

(A16) Q. Typically, who are "nonimmigrant aliens?"

In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. (Permanent resident aliens often are referred to as people with "Green Cards").

[msandhu]

To your question , you can search this forum and there are a few threads which explain how you can buy a gun while being on H1-B. The first requirement is to get a hunting license. For that you might have to take some classes. The you have to find some dealer who can do some extra paperwork to sell you the gun.
Cheers
Mandeep

[msandhu]

here is another good thread to answer your question

http://indiansforguns.com/viewtopic.php?f=3&t=1712

Cheers
Mandeep

[Sakobav]

NNP

Click on mandeeps thread and IFG's thread has lots of good information. Also, check this http://crime.about.com/od/gunlawsbystat ... aws_ga.htm

Bottom line follow the rules to T be patient and first complete the pre-requisites. Shooters are a great fraternity and once they know you at the range or club they shall guide you. There are no shortcuts to this process.

Best

[Georgian21]

NNP,

The easiest and safest route for you is to register yourself for a Hunter safety course and get youself a Hunting Licence. Once you have received the licence you are eligible to buy an Arm subject to specific state laws where you are residing.

If you Need more information drop me a PM with you number and I will explain. I was able to get the licence and guns in flat 4.5 months in Maine US.

Regards
Gopal

[rcdoma]

I was in for a shock when I vistied a dealer and he told me that they cannot sell arms to me unless i am a citizen or have a green card ! (Well maybe I am not aware of the laws here)

Hi NNP!

You don't need to be a US citizen or have a green card to buy a hand gun. As a nonimmigrant alien, you need:
1.) your hunting license to qualify for an exception to the nonimmigrant alien prohibition on firearm ownership
2.) your admission number off the I-94 attached to your passport
3.) proof that you are a resident of your state for past 90 days (lease agreement, utility bill or credit card statement with your current address for the past 3 months)

You will have better luck with smaller dealers and pawn shops. If they don't have the gun you need, you can ask them if its okay to buy online and have it shipped to them. Ask them how much they will charge you for the paperwork and get a signed copy of their FFL as its need for shipping your online order.

Best,
Ram

[NNP]

Hi all

Thanks for all the replies ...

I have already started on a Online Hunter Education course. I guess I need to complete this to apply for a Hunting permit.

Once I have the hunting permit , I guess I am all set since I have a valid I 94 number and have been residing in Georgia for more than a year now.

I really apppreciate such quick responses from u all. I almost thought I would never be able to get a gun here ... but now i think I know what needs to be done.

Regards
NNP

-- Tue Mar 24, 2009 20:12 --

Hi all,

Thanks a lot for all the suggestions. I finally was able to buy a Taurus .327 Fed Mag 2.2 in revolver. Will go shoot it sometime soon.

I would really like to thank all of you who have guided me through this process without which I would NO WAY be able to get this done.

A few experiences from my side:
1. When you go to buy the gun ... do not tell them that you are a non immigrant. Just ask them for the model you want and they would give you paperwork for the same.
I went to 3 or so dealers and as soon as I told them I was NOT a citizen they said its illegal to sell guns to non citizens. But if you check the form that they give you to fill out for NICS check , it clearly states exceptions for non immigrants ( Hunting License , I 94 admission # and 90 day residence proof)

2. Check to see if there are online hunter education courses. In Georgia you can buy a hunting permit online and also give a hunting course online. This worked for me.

3. The dealer I went to somehow had an idea that non immigrants with hunting license are only allowed to buy long guns and not handguns. I had to tell them to check the "ATF.gov" website for the rules ... but luckily the dealer read the NICS check form and it just stated "firearm" and did not distinguish between handgun \ long gun so he finally agreed to sell it to me.

4. non immigrants are NOT allowed to get a CCW permit ... Thats what happened to me ... I applied for it thinking that will make it easy to purchase a firearm ... but they said you need to have a green card for it. My application fees were not refunded

phew ... this was a real good experience for me. Finally after 3 - 4 months of going round and round I have got the thing I wanted...

THANKS AGAIN TO ALL YOU FOLKS AT IFG !!!!

Regards
NNP

[simar]

the legal requirement for being able to own arms in the US from a federal level is to have greater than 90 days residency, and one of the following:

- a valid hunting license (get the alaska one online for $15)
- an invitation from a gun club to come shoot an event

the ATF has this documented on their site. You will be better off sticking to a common caliber for cheap ammo.

[Sakobav]

Simar

Gun rules are also a factor or local laws state, city and county. Add on to it carrying restrictions best thing is to spend time on the range and fellow gunners can always clarify and also request the local authorities for information.

Best

[simar]

that goes without saying (which is why i stated from the federal perspective)

[derrick]

4. non immigrants are NOT allowed to get a CCW permit ... Thats what happened to me ... I applied for it thinking that will make it easy to purchase a firearm ... but they said you need to have a green card for it. My application fees were not refunded

I kind of have to disagree on this one...
I dont think FED law prohibits non-immigrant aliens from getting a CCW permit...This varies by state. Some states only issue to Green Card holders. Which state do you live in?

[LawabidingTNHolder]

Hi there,

I am a holder of a TN work visa in the US. I am a Canadian living in California.

I purchased a shotgun and a Glock 19 LEGALLY. I am a law abiding visitor to the US and obey all the laws. I also believe in the right to firearm ownership which is a virtually NIGHTMARE in Canada.

To purchase a firearm: Long gun and pistol you need the following:

1) to be LEGALLY in the US
2) a valid I 94
3) to be in your resident state for their statutory time (Cali it is 90 days)
BE WARNED: if you leave the country for 1 min in 90 days the clock resets. I went to Mexico for 4 hrs for lunch and came back and my clock RESET!!!
4) 3 months consecutive utility bills
5) obviously no criminal record
6) this works for a TN and H1B. It is RESIDENCY that is the issue, not the work visa you have.
7) You may need a hunting license depending on the state

I am also of South Asian decent (Indian) and I had NO troubles even with a long and crazy last name. I am a Canadian citizen though. The GREAT thing about the US is that they treat you fairly if you are a law abiding person. Don't do anything stupid and you will be equal under the constitution.

Good luck! Check out your state laws for further information. California is the hardest and WORST state to try to purchase a firearm and I was successful. If you get turned down call the DOJ and they tell you why you were denied and will often assist you and tell you what you need when you reapply.

I wrote this to support law abiding people who want to own firearms, but also those who are here legally who believe in sport, hunting and home protection. Don't take my rights away.

FYI

I LEGALLY went through this in Canada. ONLY for long guns it took me a mandatory 6 day (over 6 weeks) hunters course (which I did love and learn a lot), I had to apply for a hunter's license, got a background check which I obviously passed, then it was MONTHS before I got a FAC (firearms acquisition certificate)

BUT to all you law abiding Canadians and Americans, I LEGALLY OBTAINED MY FIREARMS but the government required me GIVING UP my right of entry to my HOME because I LEGALLY obtained firearms for hunting. There is NO legal requirement for entry by authorities WITH a search warrant into my HOME because I LEGALLY obtained my firearms. CAN YOU BELIEVE THAT CRAP? If I were a criminal they would be FORCED to get a search warrant to enter a premise or the criminal could go free. YOU AMERICANS DO NOT GIVE UP YOUR RIGHTS, REMAIN FREE!

Thank you for giving me my ability to post this comment.

[msandhu]

Thats a well writen article LawabidingTNHolder..Keep it up
Cheers
MSandhu

[ProudI]

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?

Please help!