The Firing Line Forums - View Single Post - Gun buying story of an Alien! (Foreigner not E.T)

UK2TX · January 23, 2001, 11:58 AM

I'm not a lawyer nor do I play one on TV however...

As a L1-A visa holder here in Texas all the FFL I've dealt with do not know how the process works for foreigners.

Battler was correct as the amendment was passed in a farming appropriations bill! See http://www.currentlegal.com/LegalNew...8/105-277.html

In Dec 1999 BAFT sent a note to FFL saying that since the amendments to subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) of Title 18 section 922 sec 121 made it more difficult for foreigners to possess "could the FFL help out until the new forms were printed"
See
http://www.atf.treas.gov/firearms/bradylaw/alien.htm
(As an aside, we're now in 2001 and I've yet to see the "new" form.)

What the BAFT do not tell FFL's is that the amend to Title 18 section 922 sec 121 also says:
"(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is--
"(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

Keith Rogan - The above laws apply to non-FFL's as well!
" (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - <snip> (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));";"

So in a nutshell, you have to prove residency and have a hunting license to purchase a firearm even from a private citizen.

UK2TX
NRA Member ( God help Gore )
CHL holder ( God Bless Texas )
Bloody foreigner! ( God help Texas )

[Edited by UK2TX on 01-25-2001 at 10:45 PM]

January 23, 2001, 11:58 AM	#19
UK2TX Senior Member Join Date: November 12, 2000 Location: Austin,TX Posts: 274	I'm not a lawyer nor do I play one on TV however... As a L1-A visa holder here in Texas all the FFL I've dealt with do not know how the process works for foreigners. Battler was correct as the amendment was passed in a farming appropriations bill! See http://www.currentlegal.com/LegalNew...8/105-277.html In Dec 1999 BAFT sent a note to FFL saying that since the amendments to subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) of Title 18 section 922 sec 121 made it more difficult for foreigners to possess "could the FFL help out until the new forms were printed" See http://www.atf.treas.gov/firearms/bradylaw/alien.htm (As an aside, we're now in 2001 and I've yet to see the "new" form.) What the BAFT do not tell FFL's is that the amend to Title 18 section 922 sec 121 also says: "(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is-- "(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States; Keith Rogan - The above laws apply to non-FFL's as well! " (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - <snip> (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));";" So in a nutshell, you have to prove residency and have a hunting license to purchase a firearm even from a private citizen. UK2TX NRA Member ( God help Gore ) CHL holder ( God Bless Texas ) Bloody foreigner! ( God help Texas ) [Edited by UK2TX on 01-25-2001 at 10:45 PM]