Posted: 10/31/2016 2:19:50 PM EDT
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Can someone that is mid process in getting though the immigration process purchase a gun from a store with just their drivers license ?
Can they buy from a private party with just the DL and if they do are they allowed to have the gun at there residence ? Concealed in a car ? thanks. |
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What exactly do you mean by "mid-process getting through the immigration process"? Are they a legal permanent resident? If they are then they can buy a gun. If they are somewhere else in the process then it depends.
This is from the ATF web site: An alien admitted to the United States under a non-immigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. [18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32] A non-immigrant alien without residency in any State may not purchase and take possession of a firearm. A non-immigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A non-immigrant alien who falls within an exception may, however, purchase and take possession of ammunition. A non-immigrant 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 non-immigrant 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] |
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I don't know his real status. He works for the same place I do. He has a SS number and a Drivers license and has been to court several times now working on his immigration status.
I duno what the difference is in each of the cases you posted. I will have to go ask him what his "status" is. |
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If he has his "green card", i.e. a Permanent Resident Alien then he is good to go. He might have it and is working towards his full citizenship.
If he's not a resident alien then he might be able to possess a gun or even buy one but it's going to depend on the facts. Are you concerned this guy shouldn't own a gun? |
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Quoted: Can someone that is mid process in getting though the immigration process purchase a gun from a store with just their drivers license ? Can they buy from a private party with just the DL and if they do are they allowed to have the gun at there residence ? Concealed in a car ? thanks. Any legal resident with papers, as far as I know, can buy a firearm in the USA and possess them. Google form 4473 for him and ask him all the questions. If he answers them 'correctly' then he can buy a gun.  |