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Old July 9, 2012, 10:58 AM   #1
ltc444
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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?
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Old July 9, 2012, 11:09 AM   #2
ScottRiqui
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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)]
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Old July 9, 2012, 11:35 AM   #3
alland
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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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Old July 9, 2012, 11:42 AM   #4
Tom Servo
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Scott is correct, though the information is slightly outdated as of today.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:
  1. A resident alien needs to provide his green card,
  2. 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.
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Old July 9, 2012, 11:54 AM   #5
ltc444
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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
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Old July 9, 2012, 01:26 PM   #6
hermannr
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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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Old July 9, 2012, 04:06 PM   #7
gorin
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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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Old July 9, 2012, 09:34 PM   #8
RamItOne
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Yup, my mom has her ccw and a .38 spl
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Old July 21, 2012, 01:52 AM   #9
mssurrey
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Short answer - YES
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