Non immigrant visa holders gun purchase

Discussion in 'Firearm Laws & Legal' started by Scotch, Jan 4, 2018.

  1. Scotch

    Scotch
    Portland
    New Member

    Messages:
    4
    Likes Received:
    8
    I’ve been in Portland for a month now and plan to buy a hunting rifle under the hunting license possession exception. I asked at a dealer here in Portland and they said it was fine but my question is do I need an Oregon drivers license as photo ID or can I use my passport or visa etc ? I’ve looked this up on a load of web pages but everyone has a different view on it so looking for the true, legal way to do this. I already bought my hunting license. Thanks for the help.
     
    druiseeker likes this.
  2. Silver Hand

    Silver Hand
    Southern Oregon Coast
    Well-Known Member

    Messages:
    1,327
    Likes Received:
    1,037
    Call the state police and they will read you the letter of the law.
    Works every time!
     
  3. bikemutt

    bikemutt
    Vancouver, WA
    Gold Supporter Gold Supporter

    Messages:
    145
    Likes Received:
    124
    While it appears it's lawful for a non-immigrant visa holder with a hunting license exception to posses, transfer and the other bullbubblegum with a firearm, the problem will be the 4473 and the FFL dealer.

    I would start with the 4473 and it's attached instructions, that's what the dealer is most likely going to use when he/she decides to transfer the gun or not. If it's not crystal clear in those instructions, it may make the dealer think twice.

    Gun dealers are generally busy people, your situation is not an everyday occurrence for them. They don't have to transfer a gun if they don't want to, for any reason.

    Before I became a naturalized American citizen, back when I had a green card, I more-or-less had to bubblegum through the eye of needle to buy a gun, particularly when it came to residency requirements when I moved. This is not a complaint, just a fact. I have no idea if .gov makes it easier on non-immigrant visa holders or not, but, if it were me, I'd at least practice pissing through the eye of needle; in other words, there will be obstacles, prepare yourself for them.

    And good luck!
     
    billdeserthills likes this.
  4. Scotch

    Scotch
    Portland
    New Member

    Messages:
    4
    Likes Received:
    8
    Thanks for this Bikemutt, you could be right. I went and asked at a local dealer yesterday and they made some calls and then told me if I bring passport with visa, I94, Oregon drivers license and hunting license I’m good to go, the drivers license is a must have they said.
     
    Goosebrown likes this.
  5. Who The F R U

    Who The F R U
    Rainier Oregon
    Well-Known Member

    Messages:
    726
    Likes Received:
    1,148
    You can use alternate form's to show residency ( Address ) water /sewer/phone bill/bank statement.
    It doesn't have to be a ORDL.

    Non immigrant visa + Passport
    A Drivers license is NOT Mandatory

    *** Proof of address ***
    ( There is a list of alternate form's of proof beside's a DL that are acceptable)

    Good luck and have fun !!

    BTW:
    We are a FFL/SOT.
     
  6. Scotch

    Scotch
    Portland
    New Member

    Messages:
    4
    Likes Received:
    8
    Wow !! Thanks for this, looks like I’m gun shopping this 3 day weekend
     
  7. Greenbug

    Greenbug
    Bend
    Well-Known Member

    Messages:
    1,437
    Likes Received:
    1,597
    WRONG!!!!:mad:

    Government issued photo ID with current physical address on it is what is needed, no exceptions to this rule for anyone.

    You will also need your valid hunting license to show you are an exception to the non-immigrant clause.

    A passport alone is not an acceptable form of ID when purchasing a firearm because there is no physical address on a passport. You can use a passport with supporting documentation for your address as long as the supporting documentation is government issued, (i.e. voter registration card, county tax statement, hunting license, military permanent change of station orders, etc...)

    Supporting documentation for proof of address must be government issued, so bank statements, phone bills, utility bills, etc are not valid because they are not government issued documents.

    Surprised a FFL especially one with an SOT does not know this!!
     
  8. BillM

    BillM
    Amity OR
    Bronze Supporter Bronze Supporter

    Messages:
    1,259
    Likes Received:
    945
    Straight from the ATF website-----

    What form of identification must a licensee obtain from a transferee of a firearm?
    The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.

    A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.

    Whether a hunting license or permit issued by a retailer meets the definition of an identification document is State law specific. This license or permit meets the definition of an identification document if the State in which the retailer is located has authorized the retailer to supply State issued documents. If the State recognizes the hunting license or permit as government issued, then this license or permit would qualify as being government issued for the purposes of supplementing another government issued identification document.

    A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.

    [18 U.S.C. 922(t); 27 CFR 478.11 and 478.124]
     
  9. Who The F R U

    Who The F R U
    Rainier Oregon
    Well-Known Member

    Messages:
    726
    Likes Received:
    1,148
    _____________________________________________________________________________________
    https://www.atf.gov/firearms/qa/what-form-identification-must-licensee-obtain-transferee-firearm

    And yes in the past they have allowed the Sale/Transfer with a passport +Visa+ the above mentioned to prove residency.:)
     
  10. Greenbug

    Greenbug
    Bend
    Well-Known Member

    Messages:
    1,437
    Likes Received:
    1,597
    Yes the above mentioned supporting documents (government issued) are to be used for address verification for purchasers wishing to use their passport as the photo, DOB portion of the required identification.

    I was trying to point out that you can not use a passport alone.

    Also I was trying to point out that you can not use a bank statement, water, sewer, phone bill etc... because they are not government issued documents.

    In post #5 you said

     

Share This Page