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Posted: 1/6/2002 3:40:22 PM EDT
a legal resident BUT NOT CITIZEN of the United States?

just wondering, it asks its on the form so i just thought id ask
Link Posted: 1/6/2002 3:46:54 PM EDT
Yes,
But usually they have to sell it before going home because of the Import laws from there home Country.


John
Link Posted: 1/6/2002 4:51:40 PM EDT
Not only can non-citizen resident aliens buy firearms, but can have FFL's, class 3, whatever they want. I think you have to be on a green card, though, and not just visiting.

It sometimes does confuse the seller, because aliens answer "no" to one of those questions. I've had to explain that one a few times.



There can be local laws that may restrict non-citizens however.

Missouri (where I live) has an old law that prohibits non-citizens from owning handguns, so I was prohibited from buying one.

After going to court to challenge it (and failing), I just got an FFL and bought it anyway - just to show them that I could.

Link Posted: 1/6/2002 6:27:17 PM EDT
Hell, a non-resident can even join the National Guard with just a green card!!

sgtar15
Link Posted: 1/6/2002 6:40:31 PM EDT
It is a yes/no thing. In this state, it is not permissble for a foregin legal resident to own firearms. In other states, it is legal.
Link Posted: 1/6/2002 7:46:21 PM EDT

Originally Posted By sgtar15:
Hell, a non-resident can even join the National Guard with just a green card!!

sgtar15



... and can be drafted, if necessary.

When you receive your green card, you are required to register with Selective Service (unless you're too old) so that they can find you if they reintroduce the draft.

I'm not sure how many people actually do, but it is technically a requirement.
Link Posted: 1/6/2002 8:23:21 PM EDT
Yes, legal aliens can purchase while here or staying here.

Link Posted: 1/7/2002 11:46:24 AM EDT
Yes they can and even sometimes aliens here temp can buy,although it is more like they are exporting.I work part time at a gunshop in Martinsburg,WV and a few years ago when Klinton had that summit between Isreal and the Syrians in Sheperdstown we had some Isreal secret service or what ever there equal is in the shop looking at over/under shotguns.When we found out all the crap they would have to go through with our state dept. they lost intrest.The state dept. did make it clear we couldnt even let a syrian handle a gun muchless sell them one.
Link Posted: 1/7/2002 12:16:58 PM EDT
Couldn't even handle them? Wonder why? Seems a little strange that they are not even allowed to try them on for size...not purchasing I can understand.

Link Posted: 1/7/2002 12:23:16 PM EDT
Normally if you are a legal alien, you are a permanent resident and that is why owning a firearm is OK. I am Canadian with perm. residency here in GA and have CCW and all the goodies.

Link Posted: 1/7/2002 6:43:10 PM EDT
I think that VA might have a "no assault weapons for aliens" rule, but I'm not sure. They passed some knee-jerk legislation after that Pakistani shot some people at the entrance to the CIA HQ with an SKS or AK.
Link Posted: 1/8/2002 4:59:46 PM EDT
While I was in a shop in OKC, an alien bought a handgun because he had a job as an armed security guard. I don't know for sure, but it was a large, reputable gunshop, so I'm sure they wouldn't have sold to him if it wasn't legal. FWIW, he was from south of the border.
Link Posted: 1/8/2002 7:30:09 PM EDT
[Last Edit: 1/8/2002 7:31:02 PM EDT by Nathaniel_Hawkins]
Link Posted: 1/8/2002 7:38:01 PM EDT
Link Posted: 1/8/2002 9:23:52 PM EDT
I believe the requirement is to fullfil the resident of a state - Hence not even being resident of US (green-card) is not a requirement. You just need to meet the State your are in it's resident status - hence a Foreign Student ir National staying in US temporarly can obtain a firearm. Coming to US to study or on temp. work permit does not give you US residence but you can become a State resident by meeting the state requirement! Just an FYI. Non US resident means no green card. But does not mean you a not a resident of your local STATE! :)

your's formerly, non resident foreign student, who became a US resident due to change in status, was a holder of green card and now is a US citizen.

In fact, I had just received an explanation letter from ATF to all firearm license holders.
Link Posted: 1/10/2002 5:52:50 AM EDT
[Last Edit: 1/10/2002 6:04:50 AM EDT by ckapsl]
Ok, here is the definitive opinion from BATF:

http://www.atf.treas.gov/firearms/rules/061600fflltr.htm

Essentially, as far as Federal law is concerned, non-citizens fall into three legal categories:

(1) Illegal aliens: those non-citizens who entered illegally or did not obey the terms of their visa, or overstayed; they cannot own any guns for any reason. Federal law since the GCA of 1968.

(2) Non-immigrant aliens: those non-citizens legally admitted for temporary purposes, such as study, tourism, etc.; they can own any gun if they have a hunting license or permit issued anywhere in the US. If they want to buy any gun, they have to have been resident in that state for three months. Note that being a resident of a state does not imply being a citizen, only that you actually live there. The hunting license requirement is recent; it was added to Federal law in 1998 by our friend Dick Durbin, anti-gun Senator from Illinois. Before 1998, people in (2) were legally like people in (3).

(3) Permanent resident aliens. Also known as immigrant aliens, or green card holders. The US has admitted them as immigrants, but they are not yet citizens (which requires a five-year waiting period, amongst other things). They can own guns just like citizens, but like (2) above, if they want to buy any gun, they have to have been resident in that state for three months.

Note that all the above is Federal law, not state law. Many states have other requirements. Most states are relatively generous. Others, like the People's Republic of Massachusetts, prohibit any non-citizen from owning any gun, even in the home.

The NRA's list of state firearm laws will usually list any non-citizen restrictions, if they exist:
http://www.nraila.org/GunLaws.asp?FormMode=state

In the case of Virginia, I found the following:
A non-citizen or alien not admitted for permanent residence shall not possess or transport an assault firearm, and a gun dealer shall not transfer it to such person. In this case shotguns are not included in the term assault firearm.
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