Legal residents and private purchases

9mmguy · Apr 25, 2012

Does anyone know if permanent residents (aka "green card holders") can legally buy firearms from private parties? At the gun store, we have to show green card and provide proof of residency in OR for at least 90 days. With private purchases this is not possibly obviously. Is that a problem?

Mac_Fan · Apr 25, 2012

If you can buy a weapon from an FFL, you can buy from a private individual. As long as you're both residents of the same state.

9mmguy · Apr 26, 2012

Thanks!

hermannr · Apr 27, 2012

A green card can leaglly own any firearm, and can also have a CHP/CPL in OR and WA...Been there, done that. Private purchase? why not? They are in the country legally and not on a temporary visa...and even the temporary visa types can after jumping through a few hoops.

9mmguy · Apr 27, 2012

Thanks, hermannr! CHP...I wish. In Multnomah County, the Sheriff's Office will give you one IF, and only if, you have declared in writing to USCIS that you are planning to become a US citizen (yes, there is a actually a form for that, and they will send you an acknowledgment). I do intend to become a citizen - eventually; not in a hurry right now. The problem is that Multnomah County will revoke the CHP if the applicant has not obtained citizenship a year after the permit was issued. In other words, it's probably just as fast to simply wait until one has citizenship. Thank God there are very few places in Portland where one would need to carry in order to be safe, so it's not a huge deal. Still pretty annoying.

fd15k · Apr 28, 2012

9mmguy said:
Thanks, hermannr! CHP...I wish. In Multnomah County, the Sheriff's Office will give you one IF, and only if, you have declared in writing to USCIS that you are planning to become a US citizen (yes, there is a actually a form for that, and they will send you an acknowledgment). I do intend to become a citizen - eventually; not in a hurry right now. The problem is that Multnomah County will revoke the CHP if the applicant has not obtained citizenship a year after the permit was issued. In other words, it's probably just as fast to simply wait until one has citizenship. Thank God there are very few places in Portland where one would need to carry in order to be safe, so it's not a huge deal. Still pretty annoying.

That's actually illegal discrimination, and I believe SAF is dealing with a similar one in another state at the moment. US Supreme Court ruled before that for most purposes permanent residents are to be treated the same way as citizens.

Okay, found it : SAF SUES NEW MEXICO OVER LAW BARRING CCW PERMITS FOR LEGAL RESIDENT ALIENS
4/23/2012 ( <broken link removed> )

9mmguy · Apr 28, 2012

Hmm - interesting. Thanks for sharing this!

Here is what the Sherrif's Office website says:

Do I have to be a citizen of the United States to get a CHL?
Yes, you must be a citizen of the United States. The only exception is if you are a legal resident alien, have continuously lived in the US a minimum of six months and have proof in writing, and/or you have declared to the US Citizenship and Immigration Services your intention to become a citizen. You must show the accepted form of proof of your declaration, from INS, with the court date, at the time of application. If you do not follow through to obtain citizenship within one year you will lose your right to have a CHL and it will be revoked.

I don't think I've ever felt unsafe in my 6+ years in Portland, but what bothers me is that I'm being treated like a potential criminal. I work hard, I pay taxes, I own a house, I am married to a US citizen, and I have never, ever cost anyone in this country a dime. And most importantly I have never been in conflict with the law. Oh well...rant over.

hermannr · Apr 28, 2012

9mmguy said:
Thanks, hermannr! CHP...I wish. In Multnomah County, the Sheriff's Office will give you one IF, and only if, you have declared in writing to USCIS that you are planning to become a US citizen (yes, there is a actually a form for that, and they will send you an acknowledgment). I do intend to become a citizen - eventually; not in a hurry right now. The problem is that Multnomah County will revoke the CHP if the applicant has not obtained citizenship a year after the permit was issued. In other words, it's probably just as fast to simply wait until one has citizenship. Thank God there are very few places in Portland where one would need to carry in order to be safe, so it's not a huge deal. Still pretty annoying.

Hej 9mm guy! I don't think they can legally pull your permit for not gettting your citizenship papers done in a year. I know OR has a deal in their law that says you must sign a statement of your intention to become a citizen...but even that, I think, may be illegal. It was my understanding that in OR you only needed to state your intention. Putting a one year limit on it is not reasonable, it takes longer than that to become elegable, let alone get the paperwork done.

The SAF just won a Green Card pistol permit issue case in MA, and are currently going after NM's law as concerns legal residents. I was a Green Card from 1955 to 1970. Lived in OR from 1955 to 1963, then tried California from 1963 to 1964, then I went back to Canada to College in 1964, then the US Army for my 7 year long all expense paid tour of Southeast Asia and Europe...I was compelled to get my paperwork done in 1970 by my boss (a Major) after I returned from Vietnam. I was teaching a US Citizens Only class in a military school...He didn't think it was correct for a green card to be teaching a US Citizens Only class...and still be holding my green card. I got my paper along with this tall (6' 3") Blond Lt from Cuba (Lt Castro!) who was one of my students. We probably got our citizenship faster than anyone else. Major Butler said: "Here is your paperwork, make sure it is complete, sign it, and go to this office to get sworn in, 13:00, tomorrow..."

Laws were a bit different back then.

hermannr · Apr 28, 2012

9mmguy said:
Hmm - interesting. Thanks for sharing this!

Here is what the Sherrif's Office website says:

I don't think I've ever felt unsafe in my 6+ years in Portland, but what bothers me is that I'm being treated like a potential criminal. I work hard, I pay taxes, I own a house, I am married to a US citizen, and I have never, ever cost anyone in this country a dime. And most importantly I have never been in conflict with the law. Oh well...rant over.

Isn't it interesting that you are not elegable for 3 or 5 years...but residency requirements are 6 months, and you have to ger your citizenship within 1 year? That means it is not possible to protect yourself, or your family, for a minimum of 2 years, maybe 4 years...just because??? You might want to look up that MA case and point it out to the Sheriff's office.

You might also want to point out to the Sheriff that ORS 166.291(B) does not have the 1 year requirement, and that ORS 166.173 does not give him the authority to impose such a requirement.

"A lawful permanent resident can apply for United States citizenship, or naturalization, after five years of residency. This period is shortened to three years if married to a US citizen, or four years if permanent residency was received through asylum. Lawful Permanent Residents may submit their applications for naturalization as early as 90 days before meeting the residency requirement" (from the Wiki)

Simonpie · Apr 28, 2012

Do I have to be a citizen of the United States to get a CHL?
Yes, you must be a citizen of the United States. The only exception is if you are a legal resident alien, have continuously lived in the US a minimum of six months and have proof in writing, and/or you have declared to the US Citizenship and Immigration Services your intention to become a citizen. You must show the accepted form of proof of your declaration, from INS, with the court date, at the time of application. If you do not follow through to obtain citizenship within one year you will lose your right to have a CHL and it will be revoked.

Pay careful attention to the "and/or" in the above quote. It reads to me that you only need 6 months residence in the US with proof of that in writing. The rest of it becomes an option if you haven't been a resident that long. It probably is more important how it reads to whoever is handing out the permits.