Non-immigrant gun ownership laws in the US

[HSharief]

Hey guys, what is the extra paperwork you guys are talking about. From what I know, there is only one "twist" for non citizens. One question in form 4473 says if you're not a citizen, and if you're a Legal alien, then you either need a hunting license and/or a membership in a shooting organization/club/range. Just copy the details over on the respective supporting question and call the FBI just like they do for everyone else.

When they call, they have to mention this extra thing. That's it. Don't make it seem more difficult than it is. Know this and just tell the dealer this and he'll be glad to learn something new and make a sale. Most, if not all dealers are pro-gun and they would love to help a fellow shooter.

[msandhu]

Hi,
I wish things are as easy as it sounds for non-immigrants. First of all not all non-immigrants can buy guns. Only some non-immigrants having proof of residency for at least 90 days in the state and having hunting license can buys and keep guns( for hunting license, you have to take classes). Another exception are professionals who come here to participate in shooting events etc.
Non-immigrants have to show paperwork of their status and I-94 number or admission numbers which not all dealers understand what these papers means( since they hardly ever had to deal with immigration issues).
On top of that some states have separate rules for non immigrants.
Since most of dealers do not know about this rule or they have to spend time to understand all these exceptions, they just refuse to sell guns to non-immigrants.
Once you have gone through all this , they do background check through Instant background check system and then make the sale.

Here is more information about these rules

http://www.atf.treas.gov/firearms/02200 ... pdates.htm

[axp817]

Have to agree with Sharief, There is no additional paperwork to be done, just a few more questions to be answered on the 4473 form (mention that you are a non-citizen, provide your Alien # - the one thats on the i-94 or your EAD), and have proof of 90 day residency in the state of purchase and your hunting permit available to show/provide photocopies. Of course, there might be State-specific laws that might ask for additional paperwork in states where you have to get a special Alien permit (e.g. MA), but none while making the purchase.

If you go and tell a dealer that you are a non-immigrant, you think there might a lot of paperwork to do, blah.. blah..blah, you would probably scare him/her into not wanting to sell you a gun. I have purchased from two dealers in two states, and the transactions were very smooth. The first time I had to wait for 3 days for them to get a response on my background check, the second, a few minutes.

The Fish and Game club that I belong to is an FFL, and they know me very well, so I always go through them for transfers now. Not to mention that they can get firearms for dealer prices too. I guess I have been in the system a few times, the last couple of times, my background check took 20 minutes, which I thought was a very fast response.

Navdeep, yes, as someone else pointed out, the high cap magazine rule was done with, when the federal assault weapon ban introduced by Clinton, ended a few years ago (2004, I think). Of course some states still have their own bans in place (MA, also NY, I think) which prevent you from buying high capacity magazines.

I have seen 33 round mags. for glocks at the local store, here in NH.

Also, even if the ban comes into effect again, you are allowed to continue to possess magazines you purchased before the ban went into effect, unless of course, your State decides to act smart and come up with their own laws.

Which is why I bought eleven 30 round mags. for my AR, in case Hillary comes into power next year.

-N

[mehulkamdar]

Naren,

With my tongue wholly in my cheek, I think youpve mis-spelled the lady's name. It should be "Hitlery" and not Hillary.

As far as MAssive Taxes and Bloomberg-Schumer-Mc Carthy land are concerned, Illinois is set to join them, with a difference. One Illinois county, PIke, recently announced a rebellion and said that it would not recognise any state gun laws. I think another, Calhoun, is set to follow. In today's rebels, I think the spirit of leaders like Washington and Lincoln lives on.

Sorry for the OT post and my best wishes to all who would like to go through the legal process and get started shooting here. At it's toughest, the process is far more simple than in India at best. Someday, I hope, from the number of PMS I have been getting from US based members here who woud be returning to India with guns in the future, Indians in India would also enjoy the freedoms that they do while living as aliens over here.

Cheers!

[kevinp]

Hi folks,

I know this is an old thread, but I thought I would add my experience to it.

Background: I am an immigrant to the US from India, and was first on non-immigrant visas (F1 & H1), then got a green card and have finally naturalized and become a US citizen. I have owned guns in the US fully legally through all of these stages.

There are two stages of gun control laws in the US - the federal level and the state level. You will have to comply with both. Most states don't create many problems for foreign nationals to own guns.

At the federal level: If you are a green card holder or a non-immigrant, you can buy a gun from a licensed dealer (FFL) after residing in that state for 90 days.

If you hold a non-immigrant visa like an F1 or H1, gun ownership is barred unless you met a legal exemption. The easiest exemption to get is a valid hunting license from any US state. You don't actually have to hunt. In some cases, you can just pay money and buy the license in a sporting store. In other cases, you may have to take a hunter education class. It is a little bit of a hassle, but it is worth it to get it done.

After you get the hunting license, read ATF Form 4473. You will need to answer all these questions truthfully when you fill out the form at the gun store. Be absolutely honest, since providing untruthful information is a crime and could result in you being prosecuted and deported. Note in particular questions 10, 11, 12(l), 13, 18b and 18c that are specifically for aliens.

Take your passport, visa papers, hunting license and your US driver's license to a licensed firearm dealer. (You will also need to have resided in the same state for 90 days). Don't make a big deal about the fact that you are a non-immigrant. It will simply confuse the dealer, when in fact, what you are doing is legal. Simply fill out the Form 4473 accurately and hand the dealer just the hunting license to start with. If he asks for more documentation, provide your passport, visa, I-94 card, etc.

Once you have gotten all your documentation together, you can buy and keep any number of pistols, revolvers, rifles, shotguns and other guns that citizens can possess without special licensing. Remember to keep your hunting license valid as long as you own any gun! There is no restriction on the amount of ammunition you can buy.

After you have your prized possession, I highly recommend joining a gun club and practicing shooting in the companionship of other shooters.

Green card holders - you don't need a hunting license, but have to meet the 90 day residency rule. You can also buy restricted weaponry like full auto weapons, silencers, etc. by going through the provisions of the National Firearms Act of 1934.

Some states are more restrictive, so you may need to check your state firearms laws also. The vast majority of states don't distinguish between citizens and non-citizens. In the vast majority of the US, owning a gun is considered a fundamental right. There are 300 million guns with an estimated 70 million gun owners.

[Pran]

Hello Kevin,

Thanks for the write-up. I've a friend who would find your post useful. Will send him a link to this post.

Pran

[kevinp]

You're welcome! Your friend should also check out the firearms laws for his state and do a quick scan for "citizen" or "alien" to verify what his options are. Most states don't really care.

[mossberg_super_1000]

I am new to this forum and this is my first post. I have been in the USA for 9 years and 6 of those have been in Texas. I fell in love with skeet shooting in 2003 when a buddy took me to Alpine shooting range south of Fort Worth. For the next 2 year I used my friend's guns because partly I was not sure I wanted one in my house and it never occurred to me to buy one. When my friend was not available I rented a gun from Alpine for a reasonable $10.

In 2005 I tried to buy a Mossberg 1000 super.It was a 20 Gauge, semi automatic and took 2 3/4 and 3 inch shells. I did not know anything about all the rules back then and filled out the paperwork. The FBI told the dealer to have me get a hunting license. So I ran to the nearest Walmart and got one. Then the FBI told the dealer to check my green card. Of course I did have it at that time. It was in process. They refused to sell me the gun after that.

My status in this country has not changed much since then. I am still on an H1B visa, although my immigration visa (I140) has been approved. And I have received my EAD. Question is; should I try to buy a gun. I have spent around $1500 renting guns. I could have gotten a Benelli for that kinda money.

I have also thought of going to the gun show at Will Rogers center and getting a gun there. But I don't want to do anything illegal and also don't want to jeopardize my green card processing.

However, the fact that I cant buy a gun pisses me off. I don't have a parking ticket in my 9 years, have followed the law to the last letter. I have to spend money on renting guns, and I refuse to go the shooting range with a rental 9mm, even though I love shooting handguns. I gave that up when they told me I could not have a gun. I might just have to give up this hobby and take up something else like astronomy, before the US government makes it illegal for Aliens to buy telescopes. Any suggestions comments welcome...

[archer]

check this out. this could help you.

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

regards
Parag

[HSharief]

Hey man, I'm in the same boat as you, my GC is in Process for more than 5 years now. What you do is, when you fill out the 4473, question 12L you have to say "yes" and check "yes" on Q13. Then give your A# from your EAD and the Hunting license# on Q18C, you can also give them the latest I94#. You have to show last three months utility bills on 18B and your Drivers License # on 18A. The dealer will call NICS and they will ask for these, then they get to 12L, the NICS lady/guy will ask the dealer to go to 18C, B & A.

They will sometimes say Accept/Deny on the spot, sometimes, they will say to call back in one hour. In that hour, they will get clearance from ICE and when your dealer calls in one hour, it will be Accepted. The only problem you may run into is if you've not lived for 90 days continously since your last visit outside US. In that case, just do it over after 90 days.

I'm on H1B/EAD since 1998 and have bought quite a few guns using the above process. No worries. The dealers and NICS has been GREAT with me all thru this. Best of luck.

[springfieldA]

hi,
Thank you for this great article. I have been searching all over the internet for months and could not find what I wanted and this is exactly what I wanted.

I live in columbus,oh and do you know any dealers who knows these laws and willing to sell me one. I tried vances outdoors and they said I need a greencars.

Thanks again.

[SURFACE TO AIR MISSILE]

Better move to USA soon



SAM

[kevinp]

hi,
I live in columbus,oh and do you know any dealers who knows these laws and willing to sell me one. I tried vances outdoors and they said I need a greencars.

To quote what I said above:

Don't make a big deal about the fact that you are a non-immigrant. It will simply confuse the dealer, when in fact, what you are doing is legal. Simply fill out the Form 4473 accurately and hand the dealer just the hunting license to start with. If he asks for more documentation, provide your passport, visa, I-94 card, etc.

You can print out the ATF FAQ on non-immigrant aliens, study it, highlight the sections that apply to you (including the hunting license) and take it to your dealer:
http://www.atf.gov/firearms/faq/nonimmi ... liens.html

[ashkalra]

I have another related question, once you procure firearm(s) with the above defined procedure, i.e., a state hunting license do you need to say “yes” in form DS160 when reapplying for H1b and replying to the question about specialized training in firearms, chemical, biological, etc. in form DS160

[willyson]

If you have only procured firearms with a state hunting licence and have no other relevant experience, you do not need to say “yes” to this question.