Alien on nonimmigrant visa would like to buy pistol

Discussion in 'Legal and Activism' started by muermel, Oct 10, 2010.

  1. muermel

    muermel New Member


    If this topic was covered already please guide me to the thread as I couldn't find anything.

    I'm 28 years old and from Germany, I'm here in Florida for at least 2 years on a F-1 Visa. I alreaedy know that I'm not allowed to buy and possess any guns and or ammunition. However there is an exemption from this rule which says that if I hold a hunting permit issued by any US state I'm allowed to posess and buy guns and or ammunition.

    I visited a shooting range and a gun shop today and the employee of the range/shop told me that it's not allowed anymore to rent out firearms to nonimmigrant aliens for the purpose of shooting at the range.
    He also told me that I could easily go to a gun show with my Florida Drivers Licence and buy a gun from a private seller without any problems. It looked like he advised me to do exactly that.
    I'm pretty sure from what I read so far that this would be illegal for me to do so (although the guy told me that basically everybody does that and nobody really cares) and I don't want to violate any laws and get deported or thrown to jail.

    For me it all comes down to getting a hunting licence from any US state. If I can get one without too much hassle I might go for it.

    Do you guys know which state is fairly quick with issuing the hunting licence, and which state doesn't require any kind of course for me to attend?
    Florida does require me to attend a hunters safety course (which kind of makes sense to me but I can't afford to sit in a course for 12 hours since I'm very busy during the week and need the weekends to study). Don't get me wrong though. As soon as I would have the pistol I would join the NRA and go to several safety and handling courses to learn to handle and shoot properly.

    I read that it's pretty easy to get a hunting licence in Alaska. Can someone confirm that? How long are the licences typically valid?

    It would be really nice if anyone could provide me with tips and or information.

  2. winds-of-change

    winds-of-change The Balota's Staff Member

    .........but I can't afford to sit in a course for 12 hours since I'm very busy during the week and need the weekends to study). Don't get me wrong though. As soon as I would have the pistol I would join the NRA and go to several safety and handling courses to learn to handle and shoot properly.

    If you can't afford to sit through classes before you obtain a weapon, how will you be able to afford the time AFTER you buy the weapon?

  3. muermel

    muermel New Member

    It doesn't take from 8 am to 8 pm (12 hours) to go to the range to shoot, does it? But maybe you're right. To attend a 12 hours course once should be worth it. Oh and I've found out that you can also take a distance learning course and then you only have to spend 4 hrs of classroom time once.

    But if there is a legal way to get a licence in any other state faster and easier, why not do it? That's a legitimate thought, isn't it?

  4. c3shooter

    c3shooter Administrator Staff Member

    Most states issue a Resident Hunting license, and a NON Resident hunting license. Here Resident is used in the ordinary sense of the word- you live in that state. Non-resident licenses tend to be rather pricy, An Alaska non-resident license- HAH! Jesus wept!

    First things first- the Federal law that covers sale of guns and ammo is Title 18, US Code, Section 922. That spells out who a gun cannot be sold to, and the exceptions. My lady is a resident alien, so I have had reason to look at this before.

    Here is what the Federal law says on aliens:

    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.— (1) Definitions.— In this subsection—
    (A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
    (B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
    (2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
    (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
    (B) an official representative of a foreign government who is—
    (i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
    (ii) en route to or from another country to which that alien is accredited;
    (C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
    (D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
    (3) Waiver.— (A) Conditions for waiver.— Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if—
    (i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and
    (ii) the Attorney General approves the petition.
    (B) Petition.— Each petition under subparagraph (B) shall—
    (i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and
    (ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g).
    (C) Approval of petition.— The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner—
    (i) would be in the interests of justice; and
    (ii) would not jeopardize the public safety.

    Now, do a google search for NRVoutdoors- blog of a friend of mine- scroll down the LEFT margin until you come to the story about a rifle for Mike (Mike is a student from New Zealand).
  5. muermel

    muermel New Member

    @c3 shooter

    So my situation is quite comparable to the situation of "Mike" in that story. I'm here on a student visa (F-1) for at least 2 years, have a Florida Drivers Licence, will have 90 days of residency on December 16th with bills and contracts to prove just that, have an "Admission Number" from the Department of Homeland Security.

    The ATF's website says:

    "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;

    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 Department of Homeland Security (formerly 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 consecutive days immediately prior to the firearms transaction.

    [18 U.S.C. 922(g)(5)(b) and 922(y), 27 CFR 478.124, ATF Rul. 2004-1]"

    ATF Online - Firearms - Frequently Asked Questions - Nonimmigrant Aliens

    So I fullfill all the requirements on 16th of December (Admission number, 90 days of residency in Florida) and on the website of Alaska Fish and Game Department you can buy a "Nonresident Alien Small Game Licence" valid for one year online for $ 20. You can print the licence immediately after they confirmede your payment by credit card.

    Check it out:

    So it comes all down to getting that Alaska Hunting Licence, doesn't it?


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