resident alien (green card) firearm purchase question

[hermannr]

Cool!

Have you found a Sheriff willing to do this?

Grant County Sheriff Canyon City Oregon

Sheriff Palmer considers Self-Defence as a reasonable reason to need a CHL.

 

[RifleEnthusiast]

Not sure about gun show, but the law has changed, they no longer require the 90 day proof of residence, now just the green card and background check and you're good as far as regular purchases.

 

[8ball]

Not sure about gun show, but the law has changed, they no longer require the 90 day proof of residence, now just the green card and background check and you're good as far as regular purchases.

That's great news. Here are the details for anyone interested.

https://www.federalregister.gov/art...ments-for-aliens-acquiring-firearms-2011r-23p

It looks like a lot of FFLs are unaware of this - it was effective in July and they updated the 4473.

Quote:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing the 90-day State residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon the effective date of this interim final rule the provisions of ATF Ruling 2004-1 will become obsolete.

 

[RifleEnthusiast]

That's great news. Here are the details for anyone interested.

https://www.federalregister.gov/art...ments-for-aliens-acquiring-firearms-2011r-23p

It looks like a lot of FFLs are unaware of this - it was effective in July.

Quote:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing the 90-day State residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon the effective date of this interim final rule the provisions of ATF Ruling 2004-1 will become obsolete.

Thanks for the source, I know NW Armory def. was aware of it

 

[PBinWA]

That's great news. Here are the details for anyone interested.

https://www.federalregister.gov/art...ments-for-aliens-acquiring-firearms-2011r-23p

It looks like a lot of FFLs are unaware of this - it was effective in July and they updated the 4473.

Quote:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing the 90-day State residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon the effective date of this interim final rule the provisions of ATF Ruling 2004-1 will become obsolete.

That's interesting. I think Oregon hasn't updated their procedures for over the phone checks. They still ask the FFL for the 90 residency requirement for out-of-state Green Card holders - maybe it's just for out-of-state people?

 

[PBinWA]

Wrong 1(c) (the Oregon resident requirement) can be waived by the Sheriff ORS 166.291(8), nothing else changes.

I read this closer:

ORS 166.291(8):

The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.

ORS 166.291(1c):

Is a resident of the county;

So it looks like ORS 166.291(8) doesn't allow the sheriff to override ORS166.291(1b):

Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

 

[hermannr]

I read this closer:

ORS 166.291(8):

ORS 166.291(1c):

So it looks like ORS 166.291(8) doesn't allow the sheriff to override ORS166.291(1b):

I would ask Sheriff Palmer is in 1(b) that the waiver of county residence does not alos waiver this paragraph, as it concers the same county residence requirement. The requirement for continous residency in the county is what has been waived in (8) so it would be impossible for 1(b) to be

Suggestions: You can ask Sheriff Palmer for an Oregon AG opinion, you can contact the Second Ammendment Foundation, or both. IMHO: ORS 166.291(1)(b) will not stand a court challenge. Similar restrictions have already been struck down in other states (MA was the latest) and are in the process of being challanged in NM (I know that one for sure)

 

[AMProducts]

I'm a born and raised US citizen, so I may not be as familiar with some of the trials you guys have had to go through doing things right, but I've worked as a firearms retailer on and off for the last 10 years.

In california, a person holding a green card can buy any firearm, however they need to bring in 3 months worth of utility bills. California has an existing 10day waiting period, and does not do an NCIS background check, it all goes through the California DROS system which is a computerized system managed by the state DOJ. Other than plugging some extra info into the computer, and adding some paperwork, the process is the same for citizens as GCHs.

Federally, non-GCHs may purchase or import firearms for "legitimate sporting purposes" (hunting usually) provided they have a hunting license. In washington, an alien firearms license is required (this covers mostly H1B, student etc "temporary" visas).

However, from what I can tell reading the RCW's a green-card holder in wa goes through essentially the same process as a GCH in ca, 90 days worth of "residency" a state ID and an I-94. I would imagine oregon would be quite similar.

Oddly enough, the GCH transfers I've done in the past were usually less of a PITA than selling a pistol to stubborn residents (they always complain about having proof of residency, or having a PO box on their state license etc.)

 

[hermannr]

I'm a born and raised US citizen, so I may not be as familiar with some of the trials you guys have had to go through doing things right, but I've worked as a firearms retailer on and off for the last 10 years.

In california, a person holding a green card can buy any firearm, however they need to bring in 3 months worth of utility bills. California has an existing 10day waiting period, and does not do an NCIS background check, it all goes through the California DROS system which is a computerized system managed by the state DOJ. Other than plugging some extra info into the computer, and adding some paperwork, the process is the same for citizens as GCHs.

Federally, non-GCHs may purchase or import firearms for "legitimate sporting purposes" (hunting usually) provided they have a hunting license. In washington, an alien firearms license is required (this covers mostly H1B, student etc "temporary" visas).

However, from what I can tell reading the RCW's a green-card holder in wa goes through essentially the same process as a GCH in ca, 90 days worth of "residency" a state ID and an I-94. I would imagine oregon would be quite similar.

Oddly enough, the GCH transfers I've done in the past were usually less of a PITA than selling a pistol to stubborn residents (they always complain about having proof of residency, or having a PO box on their state license etc.)

IN WA! RCW 9.41.090 regulates licensed (FFL) sale. A lot of people misread .090.

To be considered a resident of WA you need: a WA DL..OR you need to prove residency for 90 days. If you have a WA issued DL, you are a resident for the purposes of RCW 9.41.090

The way it works is: If you have a WA DL, it does not matter if you have a green card, or not...you are to be considered a resident. If you do not have a WA CPL, you MAY have to wait UP TO 5 days (In Okanogan County the wait is 1 day, unless it's a weekend)...

If you have not been a resident for 90 days, and do NOT have a WA DL, the wait MAY be UP TO 60 days. The law does not state you have to wait 60 days...it says the Sheriff has UP TO 60 days to respond. If the Sheriff does not respond, at the end of the 60 days you may deliver the weapon. This has nothing to do with a Green card, or not. Effectively, IF the Sheriff is co-operative, the wait is 1 day, if the Sheriff is not co-operative it can be up to 5 days (DL resident) or 60 days (no DL resident)

Read RCW 9.41.090(1)(b)..this is the way it works in Okanogan County. King County may be different and the Sheriff may not get back to the FFL at all...in which case the FFL can release in 5 days (resident) or 60 days (no proof of residence for 90 days OR no WA DL>