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    shaaka_786's Avatar
    shaaka_786 Posts: 12, Reputation: 1
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    #1

    Feb 3, 2009, 04:51 PM
    Gun laws for non-citizens - Texas
    I'm a non-immigrant alien; been residing in Texas for 8 years. I work here, on a work visa. I want a gun to protect my home. I understand that I can't get a concealed gun license period but I hear about loopholes regarding owning a gun. Can I get a hunting license and purchase a gun through a private seller at a gunshow? If yes, what kinds of guns can I own? Handguns? Shotgun? Rifle?

    Bottom line is, how can I get my hands on a gun in Texas where every other guy is carrying one. Thanks.
    earl237's Avatar
    earl237 Posts: 532, Reputation: 57
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    #2

    Feb 5, 2009, 01:21 PM
    I'm pretty sure that you have to be a permanent resident with no criminal record to legally purchase a firearm.
    shaaka_786's Avatar
    shaaka_786 Posts: 12, Reputation: 1
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    #3

    Feb 5, 2009, 01:27 PM

    Thanks for the reply Earl. The more I research online, the more likely it seems that if I have a valid hunting license, I shouldn't have any problems. I hope some lawyer can answer this for me. Here is one convincing argument I found on a blog:

    There are two stages of gun control laws in the US - the federal level and the state level. You will have to comply with both. Most states don't create many problems for foreign nationals to own guns.

    At the federal level: If you are a green card holder or a non-immigrant, you can buy a gun from a licensed dealer (FFL) after residing in that state for 90 days.

    If you hold a non-immigrant visa like an F1 or H1, gun ownership is barred unless you met a legal exemption. The easiest exemption to get is a valid hunting license from any US state. You don't actually have to hunt. In some cases, you can just pay money and buy the license in a sporting store. In other cases, you may have to take a hunter education class. It is a little bit of a hassle, but it is worth it to get it done.

    After you get the hunting license, read ATF Form 4473. You will need to answer all these questions truthfully when you fill out the form at the gun store. Be absolutely honest, since providing untruthful information is a crime and could result in you being prosecuted and deported. Note in particular questions 10, 11, 12(l), 13, 18b and 18c that are specifically for aliens.

    Take your passport, visa papers, hunting license and your US driver's license to a licensed firearm dealer. (You will also need to have resided in the same state for 90 days). Don't make a big deal about the fact that you are a non-immigrant. It will simply confuse the dealer, when in fact, what you are doing is legal. Simply fill out the Form 4473 accurately and hand the dealer just the hunting license to start with. If he asks for more documentation, provide your passport, visa, I-94 card, etc.

    Once you have gotten all your documentation together, you can buy and keep any number of pistols, revolvers, rifles, shotguns and other guns that citizens can possess without special licensing. Remember to keep your hunting license valid as long as you own any gun! There is no restriction on the amount of ammunition you can buy.

    After you have your prized possession, I highly recommend joining a gun club and practicing shooting in the companionship of other shooters.

    Green card holders - you don't need a hunting license, but have to meet the 90 day residency rule. You can also buy restricted weaponry like full auto weapons, silencers, etc. by going through the provisions of the National Firearms Act of 1934.

    Some states are more restrictive, so you may need to check your state firearms laws also. The vast majority of states don't distinguish between citizens and non-citizens. In the vast majority of the US, owning a gun is considered a fundamental right. There are 300 million guns with an estimated 70 million gun owners.
    shaaka_786's Avatar
    shaaka_786 Posts: 12, Reputation: 1
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    #4

    Feb 5, 2009, 01:32 PM

    You know.. the other thing is that I've been living here for so long, they don't even let me file taxes as a foreigner anymore. I pay taxes just like the average Joe. I know they say that fair or not fair, it's the law. But if I'm being treated the same as everybody else when it comes to paying the government, why not give me the right to own a gun? They don't got problem if I own a car, house, or anything else for that matter. Sorry... just venting. In Texas every Tom, and Harry has a gun and I feel unsafe. A man's got a right to protect what he owns.
    earl237's Avatar
    earl237 Posts: 532, Reputation: 57
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    #5

    Feb 5, 2009, 01:38 PM
    Check the NRA website for more info. They have a complete list of federal and state gun laws. Americans are lucky, here in Canada it is nearly impossible for law-abiding citizens to legally own firearms for self-defence and police are pretty useless.
    Englishdood's Avatar
    Englishdood Posts: 1, Reputation: 1
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    #6

    Mar 6, 2010, 07:32 PM
    You can absolutely buy any kind of gun. I have been in the USA on an "o-1" non-immigrant visa for 9 years.
    You need:
    A hunting License (To get around the non-immigrant restriction)
    A drivers license (to prove identity and address)
    Utility bills for the 3 months prior to the day of purchase (to prove you were resident for at least 90 days)
    I also give a copy of my passport page showing my visa... helps the process.
    I have bought several hand guns over the counter in TN and TX.
    Now, as to concealed carry, I thought the same as you. Texas law states that non-immigrant visa holders cannot obtain a concealed carry permit, because they are not normally allowed to purchase firearms. Since we know that to be false, I'm thinking I might test the process. Expensive if I'm wrong, but maybe worthwhile. There is a new electronic application process, and I can answer all the "do you qualify" questions in the affirmative. The pertinent question is " Can you pass the NCIS background check?" At no point does it exclude non-immigrants like us.
    Want to apply with me? Safety in numbers? LOL
    alvaroguerrero's Avatar
    alvaroguerrero Posts: 2, Reputation: 1
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    #7

    Dec 4, 2010, 06:30 PM
    Hey, I did the very same thing but on the alien number or admission number question form The one needed was not on my visa J type. The guy had to check calling the FBI(!), and I think that number is only on green cards... Nobody knew what to do, but after all you has written I'm pretty sure that with a valid hunting license and all the other things, I should be able to buy a gun here in Kansas, in fact, the guys at the store helped me until this thing with that number happened. Can anyone help me with this, please?
    bigplace's Avatar
    bigplace Posts: 1, Reputation: 1
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    #8

    Apr 7, 2011, 05:59 AM
    Comment on Englishdood's post
    I have a question, I'm a permanent resident and want to apply for citizenship at some point. I also want to buy a gun, if I do so will it be a black mark on my citizenship application and be frowned upon?
    Rattler43's Avatar
    Rattler43 Posts: 1, Reputation: 1
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    #9

    Nov 12, 2012, 09:24 AM
    I want to give a 22 rifle to a friend from Canada. He has been living in Texas 5 months out of the year for 6 years and owns property here. Is this within the law ?
    lucky7starter's Avatar
    lucky7starter Posts: 2, Reputation: 1
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    #10

    Nov 28, 2012, 12:33 PM
    Ing liberals trying to change AMERICAN laws to suit your needs. AMERICAN RIGHTS ARE FOR AMERICAN CITIZENS
    lucky7starter's Avatar
    lucky7starter Posts: 2, Reputation: 1
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    #11

    Nov 28, 2012, 12:42 PM
    And I am not sorry for being born American. Get your citizenship and be proud to live in this country and defend it with your life, then go buy a gun. If a revolution broke out today, I am shooting every broken English speaking person and every idiot that speaks ebonics. This country is in the state its in is because no one appreciates this country, they just rape it and smile. EVERYONE WHO DOESN'T LIVE TO SUPPORT THIS COUNTRY. IF YOU DON'T LIKE IT HERE, GET THE OUT. IF YOU WANT TO BE A CITIZEN HERE, APPLY FIRST. Don't JUST THINK YOU CAN DO THINGS AN AMERICAN DOES BECAUSE YOU HAVE A WORK VISA. Any other country would tell you to go yourself, you aren't a citizen. I am telling you to go yourself, until you become a citizen. Civil rights and Citizen rights are for Citizens. A crime is punishable by every means, but it is so ing retarded that someone would stand up for American Rights for non citizens. In time of revolution, when I ask your stance on America, I pray you don't studder.
    rahulmonu's Avatar
    rahulmonu Posts: 1, Reputation: 0
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    #12

    Jun 7, 2013, 07:08 PM
    Guess what ***hole, we are the people who are making sure that this country is at it's rightful place in the world, on TOP. I have seen and heard how you people use this great country's laws for your personal profit. I have seen people having 6 or 7 kids and then asking the government for money to keep them fed and clothed. Whenever you go out these will be the people who would have the new clothes which are designer label's. What working man can afford to buy designer clothes and feed their families too. This country is great because everyone here works towards the same goal. Keeping USA on the top and ready to die for this country. I am an immigrant and you know what, if USA asked me to give up my life I would do it in a second because I believe in USA and what it stands for. You were saying get your citizenship first. My dear SIR, getting a visa is the first step towards becoming one. How many of the citizens here take drugs, commit crime, are alcoholics. The generation X that you think about can barely read and write and it's not the US governments fault. It is us who are at fault. No wonder the chinese and indians are growing the fastest because we have bigots and racists like you who think that just being born here is enough for the USA. No SIR, you have to prove your worth to be called a citizen. I know I am worthy but are you??

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