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Permanent Resident and Class III

Discussion in 'Legal & Political Archive' started by Asp, Aug 20, 2011.

  1. Asp

    Asp Oregon, the promise land. Active Member

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    Can permanent resident aliens* own class III firearms?
    Like machine guns and what not?
    I couldn't find it on the ATF's website.
    If not or so, could you please provide the ORS and Federal statutes.

    *Aliens, as in not a citizen of the United States.
     
    Last edited: Aug 21, 2011
  2. del_and_bones

    del_and_bones Anchorage, AK Physics Pirate

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    If you want title 2 or NFA firearms you have to purchase them in the state you are a resident of. In Oregon we can own any/all of them: machine guns, SBRs, SBSs, suppressors, destructive devices, and AOWs. Be aware that most form 4s (for transfering title 2 firearms) are taking 3 1/2 months to complete right now and form 1s ( for making title 2 firearms) are not much better at around 3 months.
     
  3. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I think he's talking about being a Permanent Resident Alien, as in a legal taxpaying, legal social security number holding, non-voting, non-citizen who has been granted "permanent resident" status. (like my Australian wife and three kids are... gotta cough up the money for the citizenship process and tests!)
     
  4. Asp

    Asp Oregon, the promise land. Active Member

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    Yes, I am (talking about that).
    Though it does not apply to this home-grown Oregonian.
     
  5. del_and_bones

    del_and_bones Anchorage, AK Physics Pirate

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    Sorry about the misread, my bad. After reading both a form 1 and a form 4, they only ask if you have renounced your US citizenship or are an illegal alien. I also found this (second post in thread) on silencer talk and apparently you do not have to be a citizen to own NFA items, just a resident alien. You can always call and ask the NFA Branch at (304) 616-4500 to verify. Below are the US codes pertaining to firearm ownership by an alien, I'm not sure if they apply to permanent residents. YMMV
    18 USC 922 (g)(5)
    18 USC 922 (y)(2)
    Hope this helps!
     
  6. drew

    drew OR Well-Known Member

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    You should also be able to create a trust to include the resident aliens.
     
  7. DoubleTapDrew

    DoubleTapDrew Oregon Well-Known Member

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    Should be ok. One of the forms you have to fill out and submit with your Form 1, 4, etc is the proof of citizenship form located here: http://www.atf.gov/forms/download/atf-f-5330-20.pdf
    It lists people who are not allowed (referring to 922(g) and then says "This definition does NOT include premanent resident aliens". You need to provide your INS issued alien or admission number on the form.