Skip to comments.Nonimmigrant Aliens may Legally buy and Posses Firearms in the USA, If:
Posted on 05/28/2017 6:41:16 AM PDT by marktwain
It has long been known that nonimmigrant aliens may purchase and own firearms in the United States for hunting or for sporting purposes.
In order to legally purchase firearms from federally licensed dealers, non-resident aliens have to show a legal hunting license or that they "have been admitted" for sporting purposes. The easiest way to obtain a document to allow purchases at gun stores is a hunting license. Some Chinese students in Arizona recently fell afoul of the law by purchasing *resident* hunting licenses when they were not technically eligible to do so. From azcentral.com:
In recent months, federal and state officials have cited at least eight Chinese students at the University of Arizona for fraudulently obtaining resident hunting licenses, and also seized from them a number of firearms obtained using those licenses.The students had been living in the United States for up to two years when they purchased their resident licenses. This seems to meet the requirement for being "domiciled in this state for at least six consecutive months". In 2010, that would have been sufficient. From the 2010-11 regulations:
A high-ranking federal official told the Star his agency has no evidence of malicious intent by the eight students. Nevertheless, the purchases reveal what officials say is a potentially troubling vulnerability in federal and Arizona firearms laws, which exempt international students and other non-immigrant visa holders with hunting licenses from prohibitions on gun ownership.
Resident:But another requirement was added by 2015.
A person who has been a bona fide resident of the state of
Arizona for six months immediately preceding the date of application
for a license or a tag or a member of the armed forces who has been
stationed in Arizona for a period of 30 days immediately preceding the
date of application for a license or a tag.
and who does not claim residency for any purpose in any other state or country.Was the extra requirement added at the suggestion of the federal government?
2. Is a full-time student at an accredited educational institution in Iowa and resides in Iowa while attending the educational institution,Our Chinese students would have been perfectly legal in Iowa.
May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?An Arizona non-resident hunting license is $165 per year. If you are in the USA on a nonimmigrant visa, it is a small price to pay to own a firearm, compared to the enormous costs of owning firearms in most of the rest of the world. But you could purchase a Utah non-resident hunting license. A Utah non-resident 1 year basic hunting license is $65.
An alien admitted to the United States under a nonimmigrant 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]
From 2006 gpo.gov 27CFR.478.11
The whole matter looks like a giant loophole that could arm a small army of disloyal resident terrorists especially State by State.
It only affects people who are willing to follow the law.
In truth, they already have that protection under the 2nd amendment.
None of the wording makes a distinction between citizen and alien.
Constitution protects illegal aliens in many ways.
If there ever was a SCOTUS ruling that was needed, it needs to be what “people” means.
If we’re going to allow Muslims into our country we know want to kill us, it only follows we should also give them the means to do so, now doesn’t it? /sarc
We either let them buy guns or we don’t let you buy guns. That’s how these things work, anything that stops them can and will be used to stop you. Chose your limitations wisely.
ATF is hoping one goes off—that way they can blame Americans and restrict firearm ownership. It’s a con and scam just like the “Fast and Furious” BS was. And no one went to jail for that one either.
This Ping List is for all things pertaining to the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
I tend to disagree with your comments- the “people” I think, for constitutional purposes, are those who either implicity ( by birth/natural citizenship), or explicitly, (those who make a conscious decision to become US citizens being from some other jurisdiction/citizenship).
Those who come here to visit for either work, education or tourism etc, are not under the jurisdiction of the US for any reason other than a rational, universal requirement to obey the laws of the host nation and are not the “people” for constitutional purposes, although they may be offered constitutional due process- they cannot vote, hold office serve voluntarily in the military (w/exceptions)or be ordered to so do etc.
They are not enfranchised stake holders- rather they are guests.
Guests do what they are told/permitted by the householder, or they lose their privilege to be guests.
Regarding legal aliens and arms- I have no issue but they must meet a higher standard in my opinion as we have few/non records other than what they tell us, unless the FBI or DOS is willing to ask their parent country- and you know reliable most countries other than the west are....
Try going to Europe as a tourist ( other than a hunter/ athlete) and try buying a firearm legally.....Even the US military no longer has a SOFA clause to so do in Germany etc.
If there ever was a SCOTUS ruling that was needed, it needs to be what people means.
Jee-zus, you’d leave that up to THOSE black-robbed tyrant pin-heads? They can’t/won’t call anything in the womb a ‘baby’ (let alone ‘human’), what makes anyone think they could noodle out a definition of ‘the People’?
I mean, that might lead us down the ‘slippery slope’ of acknowledging our Rights... /s
On a side note........ if you are a US citizen and homeless, you cannot purchase a firearm from an FFL.
Doubtful. This sounds a bit upside down. Nonimmigrant aliens are those who have come to the US on a temporary visa, for a specified limited time, for a specific purpose (tourism, business, journalist covering specific events, foreign students, to participate in a sports/entertainment event, etc.) and all are required by law to leave at the expiration of their period of authorized stay. Assuming one such alien buys a firearm, then violates his visa by overstaying, then what...? We have an illegal alien lawfully possessing a firearm? when US military veterans and SS recipients are targeted for confiscation? Sounds fishy.
The people of the united states.
Not the people of other countries.
It is this country’s founding document for the peopleof this country.
If they are here illegally, then they are no longer in legal possession.
Students are students, they are not residents of the state and do not get resident student rates after a year or so. No non-citizen, legal or not, should be allow to buy, own, or possess a gun in the U.S. If they want to shoot one, let them go to a commercial shooting range and rent/shoot within that range. Nearby Vegas has quite a cottage business where they can even shoot Chinese AK-47 and all sorts of guns. I’m sure they could find similar in Arizona.
My point is that they shouldn’t have been in possession to begin with, “legal” or not. Their tenuous legal status, which can change literally overnight, makes the alleged law - which I doubt is even a law - seem idiotic.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.