Immigrating to US and looking for some answers
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Old 04-25-2010, 09:37 AM   #1
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Question Immigrating to US and looking for some answers

hey guys, not sure whether this is the place to put it but I am immigrating to the US shortly and needed some assistance regarding laws, the link below gives me a little incite and I already knew the state I'm moving into I cannot get CCW until I am eligible for citizenship but a friend wishes to give me a "welcome to the US" gift of a few firearms for hunting and marksmanship at the local range (a pistol and rifle). I know there is a 90 day in state federal law but cannot find anything else that would stop me from possessing firearms for hunting and sporting purposes.

US gun laws for non-citizens

I wont be on a green card (going in under a spouse i130/k3) which still means I am a legal alien resident and from what I can understand of whats said on that site I can legally possess a firearm after the set time in the state I am setting down in. Also with the guns I'm being given should the trading from him to me go through the local FFL or can he just give them to me? the US legal side of arms is completely obscure to me.

Hoping there are some non-citizen firearm owners on here who can eleborate my rights, Thanks guys!

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Old 04-25-2010, 05:14 PM   #2
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Try this:

http://www.handgunlaw.us/states/kansas.pdf

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Old 04-26-2010, 02:29 AM   #3
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Originally Posted by canebrake View Post
Some of that confused me a little but i didn't really see it mention just plain ownership and was targeted predominantly at CCW and pistol carrying...I will be seeing the local police when i get there and also will chat to the local FFL holder but I don't want to pass up a free IMI Desert Eagle in .44 and a mod 94 winchester

Will be so much easy in 3 or so years when I can apply for citizenship.
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Old 04-27-2010, 04:24 PM   #4
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Well I'm a legal permanent resident who moved over from the UK at the end of 2007 on a K1 fiance visa, and married my wife who's a US citizen in January 2008. Unless I decide to take the citizenship test after 3 years as a resident here I will always be a UK citizen and a green card carrying legal permanent resident of the United States. I can't vote or claim social security benefits (although I do pay taxes and social security out of my wage check) but other than that I'm treated the same as everyone else around here.

I can only tell you my experience in Indiana as I know most states have their own individual rules and regulations when it comes to firearms and ownership but here in the Hoosier state I can legally buy a firearm from any FFL dealer as long as I have my permanent resident card and proof of residence for the last 90 days. Showing them the stamp in your passport showing you entered the USA over 90 days ago isn't enough, they need to see a utility bill of some kind, a cell phone bill, bank statement or some kind of rental agreement etc isn't enough either.
I found all this after talking to a very helpful FFL dealer at a local gun store so if you want to buy yourself a firearm in the future one of the first things to do when your over here is get one of your spouses utilities transferred in to your name or joint names. I already had the required paperwork for that and bought my first rifle late last year. I'm a proud member of the NRA and a fully paid up member at the local shooting range.

Here in Indiana buying a used firearm from a private seller is even easier. As long as the seller is willing and he has no reason to suspect you shouldn't legally own the weapon he's free to sell it to you face to face with no paperwork, thats at the sellers discretion and is the same for US citizens and legal residents.

I think the best way to get the information you need for your state is like you said, talk to your local police department and FFL dealer. They are the ones that uphold and enforce the laws you'll have to follow while your here.

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Old 04-27-2010, 05:05 PM   #5
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Quote:
Originally Posted by Wheelspin View Post
Well I'm a legal permanent resident who moved over from the UK at the end of 2007 on a K1 fiance visa, and married my wife who's a US citizen in January 2008. Unless I decide to take the citizenship test after 3 years as a resident here I will always be a UK citizen and a green card carrying legal permanent resident of the United States. I can't vote or claim social security benefits (although I do pay taxes and social security out of my wage check) but other than that I'm treated the same as everyone else around here.
Wheelspin,

I would check with the Social Security Department on your eligibility. Every week I am required to sign paroles for non-documented aliens to enter the US to reside for two weeks so they meet the requirements to collect their deceased spouse’s social security. I believe that if a non-US citizen can collect social security, then you as a legal permanent resident should be able to collect your own. If you have a problem let me know. I will try to follow up on this when I get to work today.
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Old 04-27-2010, 06:21 PM   #6
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Hey wheelspin what parts of indiana you hail from? I'm in michiana. If you're not to far away maybe we could meet up some time and have us a range trip

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Old 04-27-2010, 10:56 PM   #7
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Wheelspin,

Just did a check with my officers and yes you can not vote as your not a citizen, however, you can and will be able to draw your social security when you reach legal age (65 I believe). Now this is predicated on you having your own social security number.

Scubie

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Old 04-28-2010, 12:30 AM   #8
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Thank you so much Wheelspin for your incite into all this...it does help a lot even though you're in a different state but as others have said i would look into the social security thing, I was told that when I get there I need to apply for my social security card/number to be able to work and i'm entering on a K3, but I dunno if you are but the second I can I am relinquishing my old passport to become an American Citizen.

My wife is currently with me here in Australia so once we are there I will goto the local FFL that week to see what utilities are acceptable (the in laws are putting us up until we finalize buying a house locally). You have helped alot though and cant wait to become an active sport shooter again!

PS. I'm guessing I'd have the same rights when it comes to self defense too? friend of mines best friend just a couple days ago was shot in his home in front of his daughter and I am not ever letting that happen.

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Old 04-28-2010, 02:07 AM   #9
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As far as social security goes: You are indeed eligible.

Self defense situations: The same rules apply to you as they do to a citizen. The law sees no difference between you or a citizen.

Of course, I am not a lawyer, so don't take my word for it. Retain a gun rights lawyer and be sure that you have all your ducks in a row. That way if something were to happen, you are already a step ahead.

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Old 04-28-2010, 02:28 AM   #10
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Originally Posted by ThorsHammer View Post
As far as social security goes: You are indeed eligible.

Self defense situations: The same rules apply to you as they do to a citizen. The law sees no difference between you or a citizen.

Of course, I am not a lawyer, so don't take my word for it. Retain a gun rights lawyer and be sure that you have all your ducks in a row. That way if something were to happen, you are already a step ahead.
I'll be keeping all info I can then seeking out the correct information I need so I dont break the law...I can see the US being more relaxed then here with regards to ownership, but taking it to and from the range and such I want to know exactly what the police are cool with and what would get me in trouble.

Cover all bases and I should be fine
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