purchase by non permanent resident alien

Stogies

Stogies

Well-Known Member
Supporting Member
Joined
Jun 12, 2017
Messages
3,278
Location
NC
Rating - 100%
1   0   0
A friend of mine would like to buy a (hand)gun. He's a German on a work visa so he's neither a citizen nor considered a "permanent resident alien" (aka greencard holder). I researched this a long time ago and we found that it would be possible provided he first acquires a hunting permit. Anybody know more?
 
I'm not an attorney although I do play one on TV.

My interpretation of the law is that your friend must first acquire the hunting licence and then your local sheriff MAY grant him a PPP. I'd call the sheriff and ask how to accomplish this. At the end of the day, the decision about the PPP is completely at the discretion of the sheriff. What's certain is no PPP (or CHP), no gun.

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
 
What does the hunting permit have to do with it? I'm not bored or drunk enough to want to read into that link for figuring it out.
 
As previously mentioned, federal law prohibits aliens who are illegally in the United States from receiving or possessing firearms. Additionally, subject to certain exceptions, aliens who are in a non-immigrant status are prohibited from possessing or receiving firearms. 18 U.S.C. § 922(d)(5). Therefore, sheriffs must make additional inquiries of applicants for pistol purchase permits to determine their alien status. The sheriff must first determine if the applicant is a citizen. If the applicant is not a citizen, the sheriff must obtain additional information on the person to include his/her country of citizenship, place of birth and alien or admission number. If (1) (3) 8 applicable, the sheriff may have to determine the basis of any claimed exemption from the nonimmigrant alien prohibition. For example, a non-immigrant alien could possess or receive a firearm if he/she is in possession of a valid hunting license issued in the United States; is an official representative of a foreign government accredited to the United States; or has received a waiver by the United States Attorney General. 18 U.S.C. § 922(y).
 
Stogies said:
A friend of mine would like to buy a (hand)gun. He's a German on a work visa so he's neither a citizen nor considered a "permanent resident alien" (aka greencard holder). I researched this a long time ago and we found that it would be possible provided he first acquires a hunting permit. Anybody know more?
Click to expand...
It's very odd that I also have a German friend here on a work visa who wants to buy a gun, how many can there be? He investigated the hunting license path but has now decided it won't work and he'll just have to borrow or rent to shoot. We went to the last IDPA match at Pappy's in SC, he had a good time. I think the novelty of him being German helped the others get over the fact he was slow. I got no sympathy.
 
Slosolo2 said:
It's very odd that I also have a German friend here on a work visa who wants to buy a gun, how many can there be?
Click to expand...

Well, German gun laws are the worst in Europe, so it would make sense that someone from there who has a vague interest in guns would want to get one while working/living here.

Wait, they are the ones EU is using for its laws!

Slosolo2 said:
He investigated the hunting license path but has now decided it won't work and he'll just have to borrow or rent to shoot. We went to the last IDPA match at Pappy's in SC, he had a good time. I think the novelty of him being German helped the others get over the fact he was slow. I got no sympathy.
Click to expand...

Which leads to: I have heard conflicting info about non-residents and renting guns at a range. One on corner there are entire businesses catering for tourists, on the other there are people quoting what Jeppo mentioned as the reason why that is illegal. Who is right?
 
Maybe renting a gun at the range is far enough from "possession" that such business can continue. Maybe the law is generally interpreted to mean something longer term than an hour or so at a range?

Or maybe the range just "assumes" all customers are legally permitted to rent a pistol and the visitors "forget" to mention they're not?
 
Last edited:
Jeppo said:
Maybe renting a gun at the range is far enough from "possession" that such business can continue. Maybe the law is generally interpreted to mean something longer term than an hour or so at a range?

Or maybe the range just "assumes" all customers are legally permitted to rent a pistol and the visitors "forget" to mention they're not?
Click to expand...
Range probably just assumes if you have a local drivers license you're good to go.
Hopefully the feds have better things to do with our money than shake down ranges looking for foreigners getting a taste of Murica.

In the case of my friend he'll have a gun to shoot of he wants to shoot.
 
Slosolo2 said:
Range probably just assumes if you have a local drivers license you're good to go.
Hopefully the feds have better things to do with our money than shake down ranges looking for foreigners getting a taste of Murica.
Click to expand...

They'll be right with you... as soon as they get done arming the foreigners south of the border.
 
Stogies said:
A friend of mine would like to buy a (hand)gun. He's a German on a work visa so he's neither a citizen nor considered a "permanent resident alien" (aka greencard holder). I researched this a long time ago and we found that it would be possible provided he first acquires a hunting permit. Anybody know more?
Click to expand...
According to the ATF web site, it is illegal for any immigrant who is here on a non-immigrant visa to purchase or possess firearms or ammunition.
Only permanent residents or immigrants who can enter the US without a visa can possess firearms or ammunition. The exception is for hunting or sporting purposes as defined by the ATF.
So tourists can shoot it up in Las Vegas if they don't need a tourist visa. My former colleagues from the UK can shoot it up with me at Calibers.
But it is a grey, possible not okay, for my Chinese colleagues to shoot with me at Calibers because they need a visa to enter the US.
There is a whole section on the ATF FAQ section on this.
 
Jeppo said:
Maybe renting a gun at the range is far enough from "possession" that such business can continue. Maybe the law is generally interpreted to mean something longer term than an hour or so at a range?

Or maybe the range just "assumes" all customers are legally permitted to rent a pistol and the visitors "forget" to mention they're not?
Click to expand...
I don't think renting an item that you can not take with you qualifies as "possession". Have never heard anybody claim you take "possession" of the go-kart at the amusement park ;-)
 
Stogies said:
I don't think renting an item that you can not take with you qualifies as "possession". Have never heard anybody claim you take "possession" of the go-kart at the amusement park ;-)
Click to expand...
Depends on how the range interprets the law. Calibers will not rent a gun to someone in the US on a work, tourist, or business visa. They have the ATF on their side on this one.
 
Slosolo2 said:
It's very odd that I also have a German friend here on a work visa who wants to buy a gun, how many can there be? He investigated the hunting license path but has now decided it won't work and he'll just have to borrow or rent to shoot. We went to the last IDPA match at Pappy's in SC, he had a good time. I think the novelty of him being German helped the others get over the fact he was slow. I got no sympathy.
Click to expand...
We should compare our Germans ;-)
 
You must log in or register to reply here.
Back
Top Bottom