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Foreign citizen gun ownership

Discussion in 'Legal & Political Archive' started by MarkYoung, Oct 15, 2012.

  1. MarkYoung

    MarkYoung bend, or New Member

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    Hi,

    I'm new to this forum - I searched but didn't find the answer to my question, so my apologies if this topic has already been addressed. I'm searching for correct information on gun ownership by foreign citizens legally residing in t states.

    I am a British citizen legally residing in the US, in Bend Oregon to be specific. I do not have a green card, but I have a work visa that is renewed every three years.

    I would like to purchase two guns - a 22 rifle for small game hunting and a small handgun.

    There is a lot of conflicting information on the web; can anyone point me in the right direction where I can find exactly what I need to do? So far it seems a foreign citizen resident in Oregon must obtain a hunting permit in order to purchase a firearm.

    Thanks is advance for any advice you may have.
     
  2. fd15k

    fd15k Tigard,OR Well-Known Member

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    Yes, you need to obtain a hunting license, but it doesn't have to be specifically from Oregon (unless you intend to hunt in Oregon). Easiest option is to get Alaska Small Game hunting license from their website, I believe it's about $20 per year or so. Once you are in possession of a firearm, you must ensure your license is current. You can purchase and possess both long guns and handguns.
     
  3. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    No, you are a legal resident of OR and the US,,,neither federal or state law prevents you from purchasing a rifle or a pistol.

    Been through the courts already in MA where they actually had a law on the books that a non-US citizen could not own.

    The foreign restriction is on aliens that must obtain a visa to VISIT. You do not need a visa to visit from teh UK (or Canada and the EU) He has a workers visa and is a perminant resident of OR.

    Read: http://www.atf.gov/firearms/faq/non-immgrant-aliens-2.pdf

    Pay particular attention to who this DOES NOT apply to.

    May I add: In the op's present status he may not be able to apply for a CHL from OR (that has yet to go through the courts and get thrown out like it did in MA) but he can come up here to WA and apply, and receive, a CPL from WA in his present status.

    BTW: May I add this. (RCW 9.41.175) this was changed from Lowry's restrictions by order of the court...the Second Ammendment Foundation did take WA to court and this is the result: Actually, you need to read 174 also if you are interested in an alien CPL.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.175

    OP....PLEASE remember thsi RCW is Washington State Law...NOT Oregon law...but this WA law reflects Federal law as inturperated by the court.......
     
  4. fd15k

    fd15k Tigard,OR Well-Known Member

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    Oh, good catch. If I remember correctly, we discussed that not so long ago and I found a letter from DOJ overriding ATF's restrictive interpretation of the USC. I will try to find that letter again and post it here.


    Okay, here is one of those letters on the subject (from ATF actually) :

    ATF is in the process of amending its regulations and forms to conform with OLC’s determination
    concerning the proper scope of the GCA. We anticipate that this process will be completed as
    expeditiously as possible. Until that process is complete, however, the current regulations have the force
    of law. Accordingly, Federal firearms licensees should continue to use the current forms and abide by
    the current regulations.

    ATF is committed to assisting you in complying with Federal firearms laws. If you have any questions,
    please contact ATF’s Firearms Industry Programs Branch at (202) 648-7190

    Chad J. Yoder
    Chief, Firearms and Explosives Industry Division

    http://www.atf.gov/press/releases/2...r-firearms-non-immigrant-alien-provisions.pdf

    hermannr disagreed with me back then on the meaning on this, so I say to the OP : go to FFL and try to purchase something. Should they get confused, have them call ATF and see if the new process went in effect ;) Or perhaps they already got the training on it and the purchase will go smoothly without any string pulling.
     
  5. MarkYoung

    MarkYoung bend, or New Member

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    Gentlemen, thank you. I appreciate the info and your time.

    Mark.
     
  6. CrossHairs

    CrossHairs Tigard Active Member

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    I now have dual British/US citizenship, prior to that I was here on a green card. My first purchase was a Ruger 10/22 followed by a 'few' other toys.

    To buy them, all I needed to do was show my ODL, fill out the required paperwork (indicating that you are a resident alien) and take in two examples of either a bank statement, gas, electric or phone bill to show residency for a period covering at least three months(I would take four months worth because it's actually 90 days of residency proof). I would also take in your visa as I think that's required on the paperwork too. The background check will do the rest.

    Greg
     
  7. fd15k

    fd15k Tigard,OR Well-Known Member

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    Rules are different for non-immigrant aliens and immigrant aliens (permanent residents).
     
  8. PinoyBoy

    PinoyBoy Snohomish County, WA Member

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    Sorry mods. If this is a thread jack, please move or delete.

    A have a friend who is an international student. He's been here for over a year, has a job at his university, he's over 21, and has a WA driver's license. Can he purchase a shotgun from a big box store? He's interested in buying one of those cheap shotguns from Big 5. He has a fishing license if that makes any difference.
     
  9. Mohawk13

    Mohawk13 Home on The Range Active Member

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    Not Planning on fishing with a shotgun is He??
     
  10. MrFiux

    MrFiux Tillamook County Member

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    You are in the safe mate. As long as you are legally residing or working in the US you can purchase a gun. You should go out and buy big toys instead of .22s I am currently in maidenhead outside of London working on a project and I miss my guns and hunting season. But ill be back soon. Muahaha. Also UK gun rights suck so vote for pro gun politicians if you like your guns in the US

    Fiux

    Sent from my SGH-T999 using Tapatalk 2
     
  11. fd15k

    fd15k Tigard,OR Well-Known Member

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    That is not correct. Generally a non-immigrant alien can not purchase and/or possess a firearm and/or ammunition in the US (basically similar to a felon). So for the student case the answer would be - he can purchase a firearm if he has a valid hunting license from any state. There might be some changes since the last year affecting the persons from Visa Waiver countries, but we would have to find the latest ATF rules for that before making any conclusions.
     
  12. fd15k

    fd15k Tigard,OR Well-Known Member

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    Okay, quick search came up with this :

    http://www.atf.gov/firearms/faq/non-immigrant-aliens.pdf

    So the rules have finally changed (document dated April 2012).

    MarkYoung: it seems like you would need a hunting license after all. If you were visiting on a UK passport, you would be able to purchase a firearm. But being admitted on H1B (non-immigrant visa), you have to fall into the exemptions, which hunting license would do for you.

    PinoyBoy: same goes for your student friend.
     
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  13. Misterbill

    Misterbill Yakima County, Washington New Member

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    You're gonna have to check with ICE on this one, The law is written that PERMANENT RESIDENT aliens CAN own guns. the problem is whether your 3-year deal qualifies and I wouldn't begin to answer that question.

    I've had students that had green cards and were PERMANENT resident aliens. They were just fins. But your issue with the three-year (H1-B?) visa is another animal. -Check with ICE.
     
  14. fd15k

    fd15k Tigard,OR Well-Known Member

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    The law makes a distinction between immigrant and non-immigrant aliens. Permanent Residents are indeed immigrant aliens, but you have to avoid confusing state residency and federal immigration status - one can permanently reside in Oregon while working (H1B) or studying (F1), yet still be a non-immigrant alien and require a hunting license to purchase/possess a firearm.

    So to simplify this, anybody (non-diplomat) who is not a Permanent Resident (green card holder), and has been admitted on one of these visas :
    United States visas - Wikipedia, the free encyclopedia
    would require a hunting license.
     
  15. MrFiux

    MrFiux Tillamook County Member

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    Then I have no idea what happened because 3 years ago before I got my green card I was a student, and I was able to get my firearms from Cabela's bass pro shops etc. AND I am from Mexcio. All I had to do was present my last 3 months of place of residence with a gas bill or the type. Which now they did away with. So with gun laws getting more lax I assume its now easier since I don't need my proof of residence anymore. I had no hunting license.
     
  16. fd15k

    fd15k Tigard,OR Well-Known Member

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    I don't understand where the confusion is - once you get a greencard, you immediately become an immigrant alien and don't require a hunting license to purchase firearms :) It's not tied to one being student or temporary worker, or whatever. Instead the question is whether one is eligible to become a citizen eventually.
     
  17. Sabertooth

    Sabertooth Josephine County Active Member

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    Tried fishing with a shotgun, don't work.
     
  18. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    As you are in WA state, read RCW 9.41.171, RCW 9.41.173 and RCW 9.41.175...They were ammended very recently to comply with a court ordered change in the law. They do meet the Federal requirements now. Pay particular attention to RCW 9.41.175 for your question.
     
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  19. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    Hmmm, you may want to check the law closely. US citizens can buy/possess. Resident aliens (green card holders), in Oregon, can buy/possess with a driver license + copy of green card. People residing in the US using a "non-immigrant visa" (this is what the legal form you fill says and I think is the legal term for it in the law) are generally _not_ allowed except for those which satisfy the requirements of one of a set of exceptions.