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Posted: 4/9/2020 1:56:40 AM EDT
[#1]
What kind of Australian are you? a large amount will likely just deny you.
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Posted: 4/9/2020 2:01:22 AM EDT
[#2]
What do you mean by 'kind'? I am a commercial lawyer, travelling for business and vacation purposes.
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Posted: 4/9/2020 2:09:28 AM EDT
[#3]
1. I don’t know about the background check. My guess is the NICS database would find no “hits” so you would get a proceed after 3 days, or maybe immediately. I bought guns in CA as a non-immigrant alien back in the late 90s and had no issues with the CA background check (though they had a 10 day waiting period).
2. I think you need the I95 (or whatever they call it now) that gets stapled into your passport to prove you entered legally, and maybe some bills showing you are staying locally. I’d imagine this is info you might find on the ATF website. 3. I imagine most FFLs might not know, but it might be quite common in border states or big International hunting destinations. 4. There was no restriction when I was buying guns. I bought handguns and ARs, and probably could have bought a machine gun when I moved to AZ. Truth be told, I had little interest in hunting... the hunting license was primarily my way of complying with the law. |
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Posted: 4/9/2020 2:25:24 AM EDT
[#4]
Thanks StealthyBlagga, that's really helpful!
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Posted: 4/9/2020 9:16:12 AM EDT
[#5]
You can find a copy of the ATF 4473 at https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download
See questions 12, 13, and 18.c and their associated instructions for the documentation you will need to provide. |
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Posted: 4/9/2020 1:38:50 PM EDT
[#6]
Quoted: I am an Australian citizen who visits the USA regularly. I understand that as a non-immigrant alien, I am permitted to purchase and possess a firearm if I have a valid hunting licence. Correct I have a few questions: 1. how can a background check be conducted if I have no record as a resident of the US? The NICS checks several US databases, including Immigration. Criminal history is not the only thing looked at. 2. do I need to produce any documentation other than a passport and hunting licence when purchasing a firearm? A government issued photo ID showing your name and current residence address IN THE US. A passport will not show that but does show your name, birthdate and photo. Bring another government issued document showing your name and current address in the US. 3. do most FFLs know of this exception for non-immigrant aliens? Or should I bring a copy of the ATF docs with me? I think many do not, or refuse such sales/transfers because they are unfamiliar with what required. As noted above the instructions in the Form 4473 that the dealer will have you fill out has instructions on what required. 4. I can't find anything online to suggest that there is a restriction on the kind of firearm I can buy (ie rifle, pistol, calibre etc). Is there any restriction? None federally. Some states may restrict. Thanks! |
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Posted: 4/9/2020 2:00:27 PM EDT
[#7]
Quote HistoryQuoted: 1. I don’t know about the background check. My guess is the NICS database would find no “hits” so you would get a proceed after 3 days, or maybe immediately. Three business days beginning the next business day and not including weekends, holidays or days state offices are closed.....it could be several week during COVERD19. I bought guns in CA as a non-immigrant alien back in the late 90s and had no issues with the CA background check (though they had a 10 day waiting period). 2. I think you need the I95 (or whatever they call it now) that gets stapled into your passport to prove you entered legally, He will need his Alien or Admission number AR#, USCIS# or I94# and maybe some bills showing you are staying locally "bills" do not work unless they are from a government entity. I’d imagine this is info you might find on the ATF website. 3. I imagine most FFLs might not know, but it might be quite common in border states or big International hunting destinations. 4. There was no restriction when I was buying guns. I bought handguns and ARs, and probably could have bought a machine gun when I moved to AZ. Truth be told, I had little interest in hunting... the hunting license was primarily my way of complying with the law. |
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Posted: 4/10/2020 9:02:34 AM EDT
[#8]
Thanks for the clarification, guys!
Now I just need to work out how I can get the government to write to me at the place I will be renting. Or get the address on some government document. |
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Posted: 4/10/2020 9:58:14 AM EDT
[#9]
Quote HistoryQuoted: Thanks for the clarification, guys! Now I just need to work out how I can get the government to write to me at the place I will be renting. Or get the address on some government document. Water bills are usually through municipal providers so have that put in your name. |
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Posted: 4/10/2020 10:45:37 AM EDT
[#10]
Quote HistoryQuoted: Thanks for the clarification, guys! Now I just need to work out how I can get the government to write to me at the place I will be renting. Or get the address on some government document. Does your hunting license not have your address? |
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Posted: 4/10/2020 11:09:45 AM EDT
[#11]
Quote HistoryQuoted: Does your hunting license not have your address? Good point! My previous hunting licences have had my Australian address, because I've applied for them before flying to the US. But I could certainly change that. |
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Posted: 4/10/2020 1:41:37 PM EDT
[#12]
To save yourself grief..........first check with the dealer to make sure he's willing to do such a transfer.
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Posted: 4/10/2020 1:45:47 PM EDT
[#13]
Quote HistoryQuoted: To save yourself grief..........first check with the dealer to make sure he's willing to do such a transfer. This right here. Some dealers will and some won't even though the process is right there on the 4473. As mentioned earlier, you are likely to get "delayed" on the NICS so be prepared to wait the three days or however long it is. |
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Posted: 4/10/2020 1:49:21 PM EDT
[#14]
If memory serves, some Chinese students got caught out doing this (think they bought some century AKs) so I don't know if this is considered a loophole.
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Posted: 4/10/2020 1:52:19 PM EDT
[#15]
Quote HistoryQuoted: If memory serves, some Chinese students got caught out doing this (think they bought some century AKs) so I don't know if this is considered a loophole. It's not a loophole. The process is laid out on the 4473. |
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Posted: 4/10/2020 2:00:49 PM EDT
[#16]
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Posted: 4/10/2020 2:28:28 PM EDT
[#17]
Quote HistoryQuoted: To save yourself grief..........first check with the dealer to make sure he's willing to do such a transfer. For sure, will do. |
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Posted: 4/10/2020 2:31:14 PM EDT
[#18]
Quote HistoryQuoted: This right here. Some dealers will and some won't even though the process is right there on the 4473. As mentioned earlier, you are likely to get "delayed" on the NICS so be prepared to wait the three days or however long it is. Got it. Happy to wait a few days. |
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Posted: 4/10/2020 2:46:39 PM EDT
[#19]
Don’t forget to check on the state requirement for procuring a hunting license. Most if not all states require a training course. If you have such a thing in Oz then a few emails with the state wildlife office to verify if yours will be sufficient for the purpose will save you from spending a weekend learning in a classroom of 12 year olds.
Currently, with the corona virus my state has shut down hunter training courses to not put people at risk. I have inquired about the possibility of an all online course for the time being. We already had a shortage of classroom seats for the current demand. This just made it worse. Good luck! ETA never mind, I see you already have had a license here. |
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Posted: 4/10/2020 3:06:32 PM EDT
[#20]
Quote HistoryQuoted: Don’t forget to check on the state requirement for procuring a hunting license. Most if not all states require a training course. If you have such a thing in Oz then a few emails with the state wildlife office to verify if yours will be sufficient for the purpose will save you from spending a weekend learning in a classroom of 12 year olds. Currently, with the corona virus my state has shut down hunter training courses to not put people at risk. I have inquired about the possibility of an all online course for the time being. We already had a shortage of classroom seats for the current demand. This just made it worse. Good luck! ETA never mind, I see you already have had a license here. Thanks for the advice! Over the years, I have held hunting licences in different states (and countries), so I certainly agree it's a good idea to try and avoid wasting time if it's possible. |
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Posted: 4/11/2020 4:43:30 PM EDT
[#21]
Quote HistoryQuoted: To save yourself grief..........first check with the dealer to make sure he's willing to do such a transfer. Quote HistoryQuoted: To save yourself grief..........first check with the dealer to make sure he's willing to do such a transfer. So how does one establish "residency" to meet the requirements from the BATFE, per their FAQ? https://www.atf.gov/firearms/qa/may-nonimmigrant-alien-who-has-been-admitted-united-states-under-nonimmigrant-visa-and May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa and who falls within an exception, purchase a firearm or ammunition in the United States? A nonimmigrant alien without residency in any state may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition. A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations. [18 U.S.C. 922(a)(9); 27 CFR 478.29a] Last Reviewed January 9, 2020 Being here for a 2 week hunt doesn't really establish "residency." But it sounds like the OP is going to be here for a longer period of time? And some states have different requirements too. Washington for example requires an "Alien Firearms License" except for certain exemptions: https://www.dol.wa.gov/business/firearms/faalien.html There are specific exemptions for possession while in the State: https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.175 |
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Posted: 4/11/2020 5:24:00 PM EDT
[#22]
Quote HistoryQuoted: So how does one establish "residency" to meet the requirements from the BATFE, per their FAQ? Quote HistoryQuoted: So how does one establish "residency" to meet the requirements from the BATFE, per their FAQ? By providing the same documents that a US Citizen, Permanent Resident or someone here in an immigrant visa does. "a government issued" photo ID showing buyers name and address. See the instructions on the Form 4473. Being here for a 2 week hunt doesn't really establish "residency." But it sounds like the OP is going to be here for a longer period of time? It doesn't. ATF Ruling 2010-10 State of Residence |
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Posted: 4/11/2020 7:31:41 PM EDT
[#23]
Quote HistorySo how does one establish "residency" to meet the requirements from the BATFE, per their FAQ? Quote HistorySo how does one establish "residency" to meet the requirements from the BATFE, per their FAQ? By providing the same documents that a US Citizen, Permanent Resident or someone here in an immigrant visa does. "a government issued" photo ID showing buyers name and address. See the instructions on the Form 4473. The ATF guidance isn't terribly helpful because it gives these as examples: driver’s licenses, voter registration, tax records, vehicle registration. Non-resident aliens aren't going to have any of these. The only document an alien might have (luckily, will apply in my case) is vehicle registration. Being here for a 2 week hunt doesn't really establish "residency." But it sounds like the OP is going to be here for a longer period of time? Yes, will be staying for 2.5-3 months, and renting a property for the whole time. |
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Posted: 4/11/2020 7:47:57 PM EDT
[#24]
Quote HistoryQuoted: The ATF guidance isn't terribly helpful because it gives these as examples: driver’s licenses, voter registration, tax records, vehicle registration. Non-resident aliens aren't going to have any of these. The only document an alien might have (luckily, will apply in my case) is vehicle registration. Quote HistoryQuoted: The ATF guidance isn't terribly helpful because it gives these as examples: driver’s licenses, voter registration, tax records, vehicle registration. Non-resident aliens aren't going to have any of these. The only document an alien might have (luckily, will apply in my case) is vehicle registration. You are confusing nonimmigrant alien with whatever a nonresident alien is. I transfer a dozen guns a month to nonimmigrant aliens. They just bring me their Texas Drivers License and a Texas Hunting License. They will always be delayed on their transaction by FBI NICS, but usually within a couple of days get a "proceed". Yes, will be staying for 2.5-3 months, and renting a property for the whole time. Then for the purposes of acquiring a firearm under federal law, you are a resident of that state. Nonimmigrant aliens are those in the US as tourists, students, temporary workers.....doesn't mean they don't "reside" here. Its a category of visa. |
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Posted: 4/11/2020 7:56:45 PM EDT
[#25]
Quote HistoryQuoted: You are confusing nonimmigrant alien with whatever a nonresident alien is. I transfer a dozen guns a month to nonimmigrant aliens. They just bring me their Texas Drivers License and a Texas Hunting License. They will always be delayed on their transaction by FBI NICS, but usually within a couple of days get a "proceed". Yeah, you're right. Nonimmigrant vs nonresident. Shouldn't post when I'm tired.  |
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Posted: 4/11/2020 8:07:47 PM EDT
[#26]
Quote HistoryQuoted: Yeah, you're right. Nonimmigrant vs nonresident. Shouldn't post when I'm tired.  Attached File |
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Posted: 4/11/2020 8:32:51 PM EDT
[#27]
Call the local gun shops where you intend to buy/receive at, I wouldn't just walk in with all this. You'll probably get further if you notify them ahead of time.
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Posted: 4/12/2020 2:42:05 AM EDT
[#28]
Quote HistoryQuoted: Call the local gun shops where you intend to buy/receive at, I wouldn't just walk in with all this. You'll probably get further if you notify them ahead of time. Will do! Thanks |
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Posted: 4/26/2020 1:34:52 AM EDT
[#29]
Is a speeding ticket a government document that shows a valid current address?
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Posted: 4/30/2020 11:14:24 AM EDT
[#30]
Quote HistoryOriginally Posted By backbencher: Is a speeding ticket a government document that shows a valid current address? I like how you think 
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Posted: 4/30/2020 10:09:42 PM EDT
[#31]
Folks who just moved are screwed. Spent 30 minutes w/ a customer today, he finally settled on the singular Glock 19 in stock. Whips out an out-of-state driver's license.
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Posted: 4/30/2020 10:26:57 PM EDT
[#32]
I'm a NIA... Snow-Mexican.
I have bought firearms in the USA. Things may have changed, but at the time I was free to buy as many guns as I wanted... I just couldn't "take possession" of them. Dealer had to drive them to/across the border for me where I paid my taxes on them and THEN took possession. Before this the dealer on his end had to get export permits approved and such, but it wasn't a big deal nor did it take a long time. |
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Posted: 4/30/2020 10:52:27 PM EDT
[#33]
Quote HistoryOriginally Posted By backbencher: Folks who just moved are screwed. Spent 30 minutes w/ a customer today, he finally settled on the singular Glock 19 in stock. Whips out an out-of-state driver's license. That's his valid government issued photo ID. All he needs now is a government issued document showing his current address in Texas and his name. Texas Hunting or Fishing License (literally every WalMart) Utility bill from his city or MUD (he doesn't even need a paper bill, he can print one off his city website) TollTag documents (if he's in DFW he'll need one anyway) |
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Posted: 5/1/2020 12:17:00 AM EDT
[#34]
Damn, forgot about hunting license. Doesn't he have to have Hunter Education beforehand?
Ah - Fishing license. |
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Posted: 5/4/2020 5:51:16 PM EDT
[#35]
In my State you need to have been resident for 90 days prior to buying the firearm. I'm not sure whether that's a WA state rule or a Federal rule but it's something you should check. Might also just be for pistol sales.
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