Now here's a fun one that just came up
4473 Question 11j: "Have you ever renounced your United States citizenship?"
I have a customer who has. He worked for a multi-national, transferred to a foreign country for many years, and renounced his citizenship in order to become a citizen there. He was a naturalized citizen at the time, born in Europe. When the current leadership took over his new country, he requested to return to the U.S. and he says they restored his citizenship. He had valid ID, had means, and did not impress me as a liar.
I know that some countries require a person to renounce their citizenship before they will grant citizenship. I believe that we're one of those countries.
There is nothing about 11j in the 4473 instructions. I've never had a buyer like this before. We're going to call ATF on Tuesday and see what they say, although I expect we may get more than one answer. Has anyone ever dealt with this?
FYI - Lee Harvey Oswald renounced his U.S. citizenship when he moved to the U.S.S.R. and got it back when he returned. There is history behind the question.
Never have, but will be following the responses you get closely. Chimed in to say thanks for posting the question - get's me wondering if I'd really turn a "renouncer" away (my previous thought was yes), who had a good story why and who seems like a good guy who could certainly become a great customer.
Write them and get a written response back - If its is not in writing BATFE will deny ever telling you the answer.
If you don't mind me asking, how did this turn out?
It looks to be prohibited but I'm curious if the ATF says different.
Gun Control Act of 1968
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) 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) has been adjudicated as a mental defective or has been
committed to any 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 (!2) 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) is subject to a court order that 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, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(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) has been convicted in any court of a misdemeanor crime of
domestic violence.
It seems like you're saying something along the lines of: "Yes, he renounced his citizenship, but he had a good reason for doing so and he didn't really mean it. So, he's OK, right?"
Would you apply the same standard to any of the other questions? "Yes, he smokes pot but he doesn't inhale and he doesn't really enjoy it. He must be OK." How about, "Yeah, he got busted for beating his wife, but she had it coming. It's OK for him to have a gun, right?"
So what happened? I would have politely turned him away after showing him the laws on it (as posted above), but write in about it and get back to him.
Oh and
I know that some countries require a person to renounce their citizenship before they will grant citizenship. I believe that we're one of those countries.
I am pretty sure Arnie Schwartesomething still has dual citizenship with Austria.
Originally Posted By sigp226:
I know that some countries require a person to renounce their citizenship before they will grant citizenship. I believe that we're one of those countries.
The US
is technically one of those countries. However, the Dept. of State does not, and to my knowledge never has, actually checked to sure it's been done before granting citizenship to those who've qualified.
Other countries could also grant citizenship to US citizens, without requiring they formally and officially renounce their US citizenship first, which would allow even natural-born US citizens to acquire multiple citizenships. I think a common instance of this is ethnic jews born in the US who move to Israel.
