Skip to comments.Aliens Don't Have to Live in State to Buy A Gun
Posted on 06/09/2012 3:52:17 AM PDT by marktwain
WASHINGTON (CN) - The Bureau of Alcohol, Tobacco, Firearms and Explosives Bureau has removed the 90-day state residency requirement for aliens lawfully present in the United States to buy a gun. The Department of Justice has determined that the Gun Control Act does not permit the ATF to impose such a requirement when it is not applicable to U.S. citizens.
and we have Holder doing his rendition of Fats Domino’s “I’m Walkin’”, #2, with a BULLET.
If I understand this correctly, this is yet another example where an alien’s rights seem superior to a citizen’s. A citizen can only buy a handgun in the state in which he/she resides.
I think you are on to something there. I’m seeing yet another small blur to the distinctions between US citizens and those just visiting... Sooner or later, we won’t be able to tell the differences at all; and, that seems to be a significant goal of the 0bamunists.
That is truly a shame, but that is how I read it as well. How has this happened? Thy pay no taxes and draw enormous benefits and now this?
Yes, it is. But, this will be spun as a victory for gun rights.
I can't think of any reason a non-citizen should be allowed the same rights, or, as in this example, more rights than a citizen.
Well, at least it will guarantee that we'll never have to hear the phrase, "Papers please, good citizen."
You do not understand this correctly. From the fine article:
"The Department of Justice has determined that the Gun Control Act does not permit the ATF to impose such a requirement when it is not applicable to U.S. citizens."
As a United States Citizen, if you move from New Jersey to Arizona you do not have to wait any period before being able to purchase firearms in your new home state.
At least for once with this Justice Department we are talking about guns and legal aliens, with whom I have no problem extending all constitutional protections to.
I don’t think you’re understanding this correctly. The headline is incorrect - this rule change does not allow aliens to purchase firearms in a state in which they do not reside. All this rule change does is eliminate the requirement that aliens live in a state for 90 days before they are considered to have “resided” there. That is a rule that has never applied to citizens.
This rule change does not grant aliens more rights than citizens, merely the same rights. We can debate whether even that is appropriate, but the “more rights” argument is inapplicable here.
Why don’t the aliens just bring their own guns across the border withthem?
You know: The ones Eric Holder and Obama gave them during “Gunwalker”, Fast and Furious.
Why should any alien not have to meet a residency requirement?
Just because they step across the border does not entitle them to all citizen right.
The state(government) has a vested interested in making aliens have a residency requirement.Otherwise an “alien” can come across the border, buy a gun and create mayhem, all in one day.
And that should be allowed for what reason?
Also, how is a background check done on an alien?
Legal aliens pay no taxes and draw enormous benefits? Since when?
I can buy guns online here in Texas. From almost every state.
Even some FFLs (who ought to know better) are confused about that point.
Last year it took an hour of discussions with the FFL (and confirmation from the state Department of Public Safety) to convince the FFL that it was legal for me to purchase a lower receiver in a state where I was a resident, while having a driver's license from a different state where I was also a resident. The Form 4473 itself addresses and clarifies that question, yet the tyrants at BATFE have FFLs so paranoid about the possibility of losing their license if even the most trivial of mistakes is made that any question at all leads to an enormous waste of time.
Yes you can, but it must be shipped to a FFL for you BG check, unless you are a FFL
And if you are a legal resident of only one State, you cannot buy a gun in another State. I was at a gun shop last week and a Latino came in and looked at some guns. He tried to buy one and was turned down because he was not a State resident. What the DOJ is doing is making it easier for illegals to buy guns than it is for citizens.
Ok.. reading before coffee is a bad idea. Thanks for keeping me in line.. a difficult task. I, however, know a few legal immigrants who find it necessary to take some benefits. To their credit, they only did it as a last resort.
Unless the law has changed, as an FFL I can sell a long-gun to a non-res of my state, but he must make the purchase from my store and be processed though the B-G check. Have not a customer who falls into this category in years.
I remember when long guns didn't require the BG check. At any rate, this guy was looking at a Glock handgun. I was purchasing a Ruger 10/22 and had to fill out the paperwork despite having it on record for earlier purchases and being in possession of a CCW.
NEWLY PUBLISHED REGULATIONS
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES BUREAU (ATF)
Firearms disabilities for certain nonimmigrant aliens (2001R-332P): Final rule, published June 7, 2012, effective July 9, 2012
In 2002, the Bureau of Alcohol, Tobacco, Firearms and Explosives published an interim final rule implementing the provision of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, regarding firearms disabilities for certain nonimmigrant aliens. That regulation implemented the law by prohibiting, with certain exceptions, the sale or disposition of firearms or ammunition to, and the possession, shipment, transportation, or receipt of firearms or ammunition by, nonimmigrant aliens.
The Department of Justice now determines that the relevant statutory prohibitions on transfer and possession of firearms and ammunition apply only to nonimmigrant aliens admitted to the United States under a nonimmigrant visa, and that the prohibitions do not apply to nonimmigrant aliens who lawfully enter the United States without a visa. The DOJ therefore makes conforming changes to the regulations, so that the regulations are consistent with the DOJs current legal interpretation.
This final rule addresses only the nonimmigrant alien visa issue. The remaining issues raised by the 2002 interim final rule, and the public comments submitted regarding those issues, will be addressed in a separate forthcoming rule.
Residency requirements for aliens acquiring firearms (2011R-23P): Interim final rule with request for comments, published June 7, 2012, effective July 9, 2012, written comments postmarked by and electronic comments submitted by midnight Eastern Time Sept. 5, 2012
The Department of Justice amends the regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives Bureau by removing the 90-day state residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The DOJ has determined that the Gun Control Act does not permit the ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day state residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon July 9, 2012, the provisions of the ATF Ruling 2004-1 are obsolete.
QUESTION: How did the DOJ/ATF/DEA/EPA, et al. come to have such power and authority that they CAN (apparently) "make/change/amend/ignore/discard" LAWS at will, with impunity, absent, direct Congressional approval/oversight?
DID Congress at some time, write legislation authorizing this "Blanket" authority or are these agencies simply doing/acting in a manner which appears Unconstitutional and however they wish?
Obama and his racist/socialist/muslim-sympathizing administration are determined to take America and Americans down to the lowest common denominator.
I believe in American exceptionalism, just as I suspect that the Brits believe in British exceptionalism and the Greeks believe in Greek exceptionalism.
This is assinine.
If you’re in the US, US law applies to you. Unless you’re a freaking diplomat.
They really want everyone but law-abiding US citizens to be armed. Criminals? Meh. Illegals? Meh. Foreigners? Meh. Law abiding citizen? Wrong answer.
Thanks for the clarification.
The headline is misleading. All this rule change does is do exactly what you said above, make sure the law applies the same to everyone who is legally in the U.S. except for diplomats and criminals. When it comes to buying guns from federally licensed dealers, the same rules now apply to legal aliens and to U.S. citizens, when it comes to buying guns from federally licensed dealers. Before this change, legal aliens were held to a different standard.
the extra “when it comes to buying guns from U.S. dealers” is an editing error and redundant.