Moving to America and guns?

N

nibbler

New member
What are the requirements in most states of a person in regards to residency, citizenship etc. for obtaining firearms and carrying them for self defense?
 
Welcome to TFL, nibbler.

What are the requirements in most states of a person in regards to residency, citizenship etc. for obtaining firearms and carrying them for self defense?
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Residency is a state issue and each state establishes its own residency requirements. States also make their own carry laws.

Citizenship is a federal issue and requirements are established at the nat'l gov't (state dept) level. Laws governing possession: what is legal to own and age requirements are generally set by the federal government.

So you see there is no simple answer. It depends on the state of residence.

The rules for obtaining a firearm and those for carrying for self defense are, as a rule, entirely different. There are federal requirements (read: restrictions and prohibitions) as well as state requirements, in most states, to be met before you can carry. One state, Vermont is a notable exception for it's lack of restrictions. The restrictions, prohibitions and requirements vary quite a bit and it would help to know for which state you may be headed, so someone from that state could chime in here. The link Goeff gave is a good place to get a summary by state.

Many of us choose where to live, work and raise a family based on those restrictions ... or lack of them. There are several members here that stay current on these issues. I expect one or more to come along and set right any details I may have gotten wrong.

Remember, this advice is free, so assess it's value accordingly.
 
Is there anywhere that has more information on the general purchase of firearms? Carrying was only one part I was interested in.
 
There are new federal rules in place that restrict non-immigrant foreigners from purchasing firearms. That includes anyone who is in the US on any sort of temporary status, i.e. student visas, tourist visa waivers, and so on.

There is an exemption for "sporting purposes", which means that you can purchase a firearm as a non-immigrant foreign national if you have obtained a hunting license for your locality, as long as you have legitimately resided in your U.S. state of residence for at least 90 days.

Most states that issue carry permits, on the other hand, limit the issuance of CCW permits to citizens and permanent residents ("Green Card holders"), with some states restricting legal CCW to citizens only.

So, in short, there is no general prohibition against foreign citizens buying guns, but whether they're able to do so depends on their exact immigration and residency status. As a "visa waiver" tourist, for example, there's no chance for legal purchase of a gun, because of the fact that a waivered tourist cannot stay in the country for more than 90 days, and the fact that they have no legal residence status.

Straight from the BATFE:

Q15. May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?

A. Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

1. nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;
2. nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local organization devoted to the collection, competitive use or other sporting use of firearms;
3. certain diplomats;
4. officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;
5. foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and
6. persons who have received a waiver from the prohibition from the U.S. Attorney General.

Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Immigration and Naturalization Service AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 days prior to the firearms transaction.

Q16. Typically, who are "nonimmigrant aliens?"

A. In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. Permanent resident aliens often are referred to as people with "green cards".

Q17. I'm a nonimmigrant alien. I have a State concealed weapons permit. Does this exempt me from the prohibition on nonimmigrant aliens possessing or receiving firearms and ammunition?

A. No. A State concealed weapons license/permit does NOT satisfy the hunting license or permit exception to the prohibition.

Q18. What is an INS-issued alien number or admission number?

A. These are 2 different types of numbers. An admission number is the number on an INS Form I-94 or INS Form I-94W, the arrival/departure form INS gives most nonimmigrant aliens when they arrive in the U.S. While most nonimmigrant aliens will automatically receive an admission number when they enter the U.S., Canadians will not. However, if a Canadian asks an INS official for an admission number when he/she enters the United States, he/she will be given an admission number. Most nonimmigrant aliens will not have an alien number. An alien number is an INS file number is issued in a variety of limited situations, such as to nonimmigrant aliens with employment authorization documents.
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OK, so it's not until you gain permanent residency that you can really take advantage of the sensible laws over there.

Thanks guys, that's cleared things up:)

Spare a thought for us poor basterds down in Australia:(
 
nibbler,
The gun laws here for the most part (leave out, NY, NJ, IL, CA, HI and MA) are pretty good. The majority of States allow concealed carry, machine guns and suppresors. You will have to dumb down your taste in beer:)
 
As mentioned above...it may require a green card.....

I know when I took my class for concealed carry here in South Carolina there was a lady taking the class who was not a citizen and it seemed there was not going to be a problem with the paper work according to the instructor.

Even though we quote the 2nd ammendment to the constitution on this forum a lot... most gun laws are really controlled by the state you are in. It is only when moving the gun from state to state that the U.S. Federal government gets involved.
 
I am not a citizen, and got my carry permit in 6 weeks(Georgia). Heck, I applied for my C&R and hope to see it soon!
You need to be a permanent resident (aka greencard) to be able to purchase a firearm. Same applies for the carry permit. When applying here in Georgia they only wanted to see Homeland Security Card to verify I was here legally. When I told the young girl in the office I wasn't a citizen, they almost tried to throw me out, and everyone in line looked at me like I was a terrorist. Funny thing is I am white, and from Canada! A older lady thankfully stepped in and said it was permissable and took over all the paperwork. She was really nice.
Man, I gotta say, I love America!
 
Machine guns and suppressors :(

You lucky lucky basterds

We can't even have semi automatics here...

Thanks for all the advice guys.
 
Well, that may be, but it reads to me like you were asking what the residence requirements were ... not if there were any.
 
Just keep in mind there is still 'elitist' gun control here

yes, in many states you can own fully automatic weapons and silencers....but keep in mind, at least from my view point, you have to be rich and also 'know' the local sheriff to get them to sign off on it. $2000 plus dollars per rifle...not the cost of the rifle but the permit...ain't small change for most folks. Fully auto rifle is going to cost you 2-10K$ on top of that.
 
A permit is $2000? Is that in addition to the $200 tax stamp?

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The "0" key probably got stuck there, is all.

The BATF information above pertains to purchase, but I think if you're moving to the US, you'd need information about importing your personal firearms.

I found this:

Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens - but if you're planning to immigrate, that wouldn't apply...

There's another form, however, the ATF Form 6 Part I: Application and Permit for Importation of Firearms, Ammunition, and Implements of War:

A nonresident U.S. citizen returning to the United States or a non-resident alien immigrating to the United States, from a permanent residence outside of the United States may complete and forward the enclosed ATF F 6 Part I permit application without having to utilize the services of a federally licensed firearms dealer. The nonresident should include a statement, either on the application form or on an attached sheet, that the firearms are being imported for his personal use and not for resale and that he is a nonresident U.S. citizen returning to the United States, or is a nonresident alien immigrating to the United States. The firearms must accompany the nonresident on entry into the United States, since once he is in the United States, and has acquired residence in a State, he may not directly import a firearm. If the firearms do not accompany him, either handcarried or in his baggage (accompanied or unaccompanied), he must engage the services of a federally licensed firearms dealer in his State of residence to import the sporting firearms (excluding surplus military) for him.
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