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July 9, 2012, 10:58 AM | #1 |
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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, 11:09 AM | #2 | |
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From the atf.gov site:
Quote:
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July 9, 2012, 11:35 AM | #3 |
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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.
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July 9, 2012, 11:42 AM | #4 |
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Scott is correct, though the information is slightly outdated as of today.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:
EDIT: Alland beat me to it. Dealers should be using the new forms as of today.
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July 9, 2012, 11:54 AM | #5 |
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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 9, 2012, 01:26 PM | #6 |
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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.
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July 9, 2012, 04:06 PM | #7 |
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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.
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July 9, 2012, 09:34 PM | #8 |
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Yup, my mom has her ccw and a .38 spl
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July 21, 2012, 01:52 AM | #9 |
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Short answer - YES
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