Aliens and CCW

C

ctdonath

New member
No, not little green or grey ones.

A foriegner friend has been in the US for several years, a resident of NY for several months, and wants a handgun license. The question is whether getting such a license may hinder future acquisition of visas or a green card; while probably not a legal hindrance, visas may be denied on a whim and there is concern that an anti-gun bureaucrat may dig up the permit and simply refuse the paperwork and end any further stay here. Any thoughts or relevant cases?
 
I'm one of those furriner types with a Green Card, and I also have a TN CCW. In my dealings with the INS, I've always truthfully disclosed my club and group memberships, including the NRA membership. I've never had a problem with the INS in any of my dealings, all of my immigration transactions were surprisingly easy and pain-free considering they were handled by the Feds. Not once did I get so much as a raised eyebrow over my weapons-related disclosures, and even the acquisition of the CCW was less troublesome than it was for some US-born friends of mine.

I'll be eligible for citizenship next year, and the petition for naturalization is already filled out, including the NRA membership disclosure. I don't expect this to be an issue, since it has not been one in the past.

As for anti-gun bureaucrats: if I ever had the suspicion that a petition of mine was being denied because of pro-gun affiliations, I would get a lawyer and file a discrimination lawsuit faster than you can say "John Moses Browning". There are plenty of dorsal fin-enhanced predators at work for foreign felons and illegal immigrants, and a lot of them are very successful in gaining residency rights for their clients. I'm assuming that a lawsuit filed by an anglo dude actually familiar with the primary language spoken in the country would have a better than even chance of succeeding. If the Feds have to let a drug dealer from Ghana stay in the country because of a spelling error in his visa petition denial, they won't be too bothered by a pro-gun, taxpaying white computer geek with a 50k job and clean clothes.
 
Hi,
I am an alien too, and I dont even have a Green Card.
I am here on work Visa and will be here for another two years. I was issued a Florida CCW without having a problem while I was on a student Visa. I did not have a problem with the INS while having my work Visa processed. So I am guessing that your friend would not have problems unless your state law does not issue to non-citizens (like Arizona).
The other thing is that, since October/November 1998, the Federal Laws have been changed so that only citizens and Green Card holders can buy guns from FFLs. As for the rest of us unlucky ones, we need to be either:
1. A forign Diplomat and designated as one, by the Dept of Justice
2.Be a law enforcement officer from a friendly country on official duty
3. Get a waiver from the Attorney General after petitioning for it,
OR
4. Have a hunting license issued lawfully in the USA

to be able to buy guns. The last one in my opinion is the easiest. You can check your FFls rule book or look for it on the ATF website.
Regards,
Anand
 
Huh?!?

since October/November 1998, the Federal Laws have been changed so that only citizens and Green Card holders can buy guns from FFLs.

Can someone verify / elaborate on that?

Does this mean that non-green-card aliens are limited to buying guns from private citizens with no paper trail? Sorta like felons not being required to get CCW permits because of 5th Amendment rights!
 
ctdonath,
the changes were made as part of the Omnibus Appropriation bill for 1998 or some thing like that. I dont recall the exact name of the statute. But if you go to the ATF website they have the rules and an open letter to all the FFLs telling them not to sell firearms to non-citizens and attached is the clause for the waiver.
I dont know the laws regarding the private purchase of firearms by non-citizens.

I am in the process of buying a handgun and my NICS check came back clear, I submitted a copy of my hunting license and a copy of the alien statute are attached to my 4473 form and so there will be a record of compliance.

Anand.
 
Haven't been to the ATF website yet, but I believe that the letter in question only advises the dealers to stop selling guns to non-resident aliens, i.e. non-Green Card holders.
 
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