Permanent resident aliens own guns

ltc444 · July 9, 2012, 10:58 AM

This has probably been discussed before. Unfortunately I still have not figured out the search feature.

My question is. Can a legal resident alien own, buy or hold firearms? What are the citations justifying your answer?

ScottRiqui · July 9, 2012, 11:09 AM

From the atf.gov site:

Quote:

May aliens legally in the United States buy firearms?
An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.

See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]

alland · July 9, 2012, 11:35 AM

The BATFE has decided that resident aliens should not have to prove 90 days of residency. That requirement will be removed when new forms and regulations are issued. AFAIK that has not happened yet.

**Tom Servo** · July 9, 2012, 11:42 AM

Scott is correct, though the information is slightly outdated as of today.

The DOJ decided late last year [pdf] that it was unconstitutional to apply a different standard to resident aliens than it was to citizens. A few weeks back, a new 4473 [pdf] was sent to dealers, and the 90 days' proof-of-residency requirement no longer applies.

Resident aliens may own firearms. In fact, many states will issue carry permits to them as well. From a purchasing perspective, there are only two differences:

A resident alien needs to provide his green card,
the FBI NICS check will most likely return a "delay" result.

EDIT: Alland beat me to it. Dealers should be using the new forms as of today.

ltc444 · July 9, 2012, 11:54 AM

Thanks Tom, scott and all for your response.

My friend is a legal resident who immigrated from Guatemala. We have hunted and shot together for a number of years. He wanted one of my pistols and I wanted one of his rifles. We traded and then I got to thinking about the legality. The pistol was traceable to me and I started worrying.

You have put me at ease.

hermannr · July 9, 2012, 01:26 PM

as an X permanent Resident alien...up to recently it depended on the state you lived in...Recently the courts have said that a permanent resident alien should be treated the same as any resident citizen.

gorin · July 9, 2012, 04:06 PM

10 years ago I had to show bills proving that I've lived here for 6 months. After I got my CCW it has never been an issue again.

RamItOne · July 9, 2012, 09:34 PM

Yup, my mom has her ccw and a .38 spl

mssurrey · July 21, 2012, 01:52 AM

Short answer - YES

July 9, 2012, 10:58 AM	#1
ltc444 Senior Member Join Date: March 3, 2011 Location: Vernon AZ Posts: 1,195	Permanent resident aliens own guns This has probably been discussed before. Unfortunately I still have not figured out the search feature. My question is. Can a legal resident alien own, buy or hold firearms? What are the citations justifying your answer?

July 9, 2012, 11:42 AM	#4
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	Scott is correct, though the information is slightly outdated as of today. The DOJ decided late last year [pdf] that it was unconstitutional to apply a different standard to resident aliens than it was to citizens. A few weeks back, a new 4473 [pdf] was sent to dealers, and the 90 days' proof-of-residency requirement no longer applies. Resident aliens may own firearms. In fact, many states will issue carry permits to them as well. From a purchasing perspective, there are only two differences: A resident alien needs to provide his green card, the FBI NICS check will most likely return a "delay" result. EDIT: Alland beat me to it. Dealers should be using the new forms as of today. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

July 9, 2012, 11:54 AM	#5
ltc444 Senior Member Join Date: March 3, 2011 Location: Vernon AZ Posts: 1,195	Thanks Tom, scott and all for your response. My friend is a legal resident who immigrated from Guatemala. We have hunted and shot together for a number of years. He wanted one of my pistols and I wanted one of his rifles. We traded and then I got to thinking about the legality. The pistol was traceable to me and I started worrying. You have put me at ease. Last edited by ltc444; July 9, 2012 at 11:56 AM. Reason: add kudos

July 21, 2012, 01:52 AM	#9
mssurrey Senior Member Join Date: November 24, 2008 Location: Sunny MichiGUN Posts: 273	Short answer - YES __________________ Me. We. - Muhammad Ali

July 9, 2012, 11:35 AM	#3
alland Member Join Date: December 23, 2009 Posts: 35	The BATFE has decided that resident aliens should not have to prove 90 days of residency. That requirement will be removed when new forms and regulations are issued. AFAIK that has not happened yet.

July 9, 2012, 01:26 PM	#6
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	as an X permanent Resident alien...up to recently it depended on the state you lived in...Recently the courts have said that a permanent resident alien should be treated the same as any resident citizen.

July 9, 2012, 04:06 PM	#7
gorin Member Join Date: May 22, 2009 Posts: 33	10 years ago I had to show bills proving that I've lived here for 6 months. After I got my CCW it has never been an issue again.

July 9, 2012, 09:34 PM	#8
RamItOne Senior Member Join Date: May 24, 2011 Posts: 990	Yup, my mom has her ccw and a .38 spl