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    alvaroguerrero's Avatar
    alvaroguerrero Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 4, 2010, 06:44 PM
    What does a legal non immigrant need to buy a gun?
    I've been in the States since 2008, legally since day 1, and after someone tried to break in my house, I took a safety pistol course and then I tried to purchase a gun following all the requirements for legal non inmigrants: ID, 90 days bills, hunting license,etc. Everything was OK but when the guys at the store checked by phone with the FBI they said the alien number or admission number of my visa was not valid. I think it was because that number is for green cards only and mine is a work visa type J. Can anybody tells me if I'm right or wrong? Do you think I should be able to buy a gun and what should I do? Thanks.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Dec 10, 2010, 08:36 AM
    Quote Originally Posted by alvaroguerrero View Post
    Do you think I should be able to buy a gun and what should I do? Thanks.
    Hello a:

    I can't help you with the law. I'll bet you know MORE about it than I do, because I'll bet you inquired BEFORE you took your class and BEFORE you applied... So, I think you ARE eligible to buy a gun, but there's a mixup with the FBI about your number... I would try once more with the shop. If the response is the same, then you have to get the mixup straightened out. I don't know if you need a GUN lawyer, or an immigration lawyer. It would be nice if you could find one who specialized on both.

    excon
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #3

    Dec 10, 2010, 09:16 AM

    You will probably need to be a permanent resident, not a non-immigrant. Confirm with them on the hunting license, you have no "A number" or IV that is the visa number they are likely referring to. From the ATF, ATF Online - Firearms - Frequently Asked Questions - Nonimmigrant Aliens

    Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

    There are exceptions to this general prohibition. The exceptions are as follows:

    Nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;
    Nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the collection, competitive use or other sporting use of firearms;
    Certain diplomats, if the firearms are for official duties;
    Officials of foreign governments, if the firearms are for official duties, or distinguished foreign visitors so designated by the U.S. State Department;
    Foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and
    Persons who have received a waiver from the prohibition from the U.S. Attorney General.
    Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien cannot purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Department of Homeland Security (formerly the Immigration and Naturalization Service) and (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 consecutive days immediately prior to the firearms transaction.

    [18 U.S.C. 922(g)(5)(b) and 922(y), 27 CFR 478.124, ATF Rul. 2004-1]
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Dec 10, 2010, 11:20 AM

    You are not permanent resident, so the answer is No. How about other options such as ADT or similar system?

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