H1B Visa - What is the law to own a gun?


Danno

New member
I have a co-worker that is here on an H1B work visa - a Non-Immigrant, Legal Alien, and is waiting on his Green Card (permanent residency). He wants to purchase a gun and I am having a hard time finding the laws pertaining to this.

From what I have found so far, he can purchase a gun, as long has he has a hunting license, but would like to see some legal sources as to what his options are.

BTW, we are in S.C.

Thanks for your help guys!
 

ecocks

New member
He can in TN. That may not help but in the ID requirements it states thaqt non-US citizens can use a passport for ID purposes.

Additional: The law in TN states elsewhere the alien must have legal permanent residency.
 
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mot mayhem

New member
My wife is from Canada. She has her legal resident alien status, work permit, ssn,dl, and probably a few others. I looked into it when we were first married and from what my friend forund out for me was that if she was a legal citizen(at least in OH), she was legal to purchase and obtain a CCW permit. Good luck to your friends. I would suggest just going down to a store & asking them. I reckon if anyone would be able to tell you for your area it would be them.
 
W

wolfhunter

Guest
If your local FFL doesn't know, they probably have a number to contact the local BATFE agent for just this type of question.
 
H1B and TN Holders CAN get Legal firearm ownership

Hi there,

I am a holder of a TN non-immigrant visa in the US. I am a Canadian living in California.

I purchased a NEF Pardner shotgun and a Glock 19 LEGALLY. I am a law abiding visitor to the US and obey all the laws. I also believe in the right to firearm ownership which is a virtual NIGHTMARE in Canada.

To purchase a firearm: Long gun or pistol you need the following:

1) to be LEGALLY in the US
2) a valid I 94
3) to be in your resident state for their statutory residency time (Cali it is 90 days)
BE WARNED: if you leave the country for 1 min in 90 days the clock resets. I went to Mexico for 4 hrs for lunch and came back and my clock RESET!!! I got turned down on the background check the first time due to me going to Mexico for lunch during the 90 day residency (I was issued a new I 94, if you have a multiple entry, this should not affect you. If you are out of the country for more than 30 days you will get issued a new I 94). I called the state DOJ and they were VERY helpful and can be reached at http://ag.ca.gov/firearms/ They will tell you why you were turned down and will even provide some helpful tips if you get the right person on the phone.
4) 3 months consecutive utility bills
5) obviously no criminal record
6) this works for a TN and H1B
7) You may need a hunting license depending on the state. In California you HAVE to pass a hunter's safety course AND get a valid Hunting License. I did the online course and test and took the 4 hr mandatory classroom course. It was easier and more convenient than the 2 FULL DAY hunter's course. http://www.dfg.ca.gov/huntered/classes-home-study.aspx
8) Valid state issued ID
9) Your passport


Just a note, Turner's Outdoorsman in Redondo Beach, CA was very very very helpful during what was probably one of their most challenging registrations and sales. I am a LOYAL customer as the customer service was second to none. www.turners.com

I am also of South Asian decent (Indian for those of you who don't know what that is) and I had NO troubles from federal authorities even with a long and crazy last name. That's because I am LAW abiding and believe in community wherever I am. The GREAT thing about the US is that they treat you fairly if you are a law abiding person. Don't do anything stupid and you will have rights under the US constitution.

Good luck! Check out your state laws for further information. I have heard that California is one of the hardest and WORST state to try to purchase a firearm and I got it done with 6 mths of effort and persistence.

I wrote this to support and aide law abiding people who want to own firearms, but ONLY those who are here legally who believe in sport, hunting and home protection. Don't take my rights away.

FYI

I LEGALLY went through the firearms acquisition route in Canada. ONLY for long gun acquisition I had to take a mandatory 6 day (over 6 weeks) hunters course CORE (which I did love and learn a lot), I had to apply for a hunter's license, got a background check which I obviously passed, then it was MONTHS before I got a PAL (Possession and Acquisition License).

BUT to all you law abiding Canadians and Americans, I LEGALLY OBTAINED MY FIREARMS but the government required me WAIVING my right of entry to my HOME as a consequence of LEGALLY obtaining firearms for hunting. There is NO legal requirement for entry by authorities WITH a search warrant into my HOME because I LEGALLY obtained my firearms. CAN YOU BELIEVE THAT CRAP? If I were a criminal they would be FORCED to get a search warrant or the criminal could go free. YOU AMERICANS DO NOT GIVE UP YOUR RIGHTS, REMAIN FREE!

Thank you for giving me my ability to post this comment.
 
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confusedabout

New member
I am waiting for my permanent resident card from the immigration dept. I have work permit, SS #, NJ Drivers license and I own a house in NJ too.I am a law abiding tax paying family man. In the mean time I got my firearm ID card from New Jersey and tried to by a gun. By mistake I answered NO to question 11.l, and NICS denied my transaction. I was supposed to answer Yes to question 11.l and show my NJ hunting license at question 20c.
Can anybody advise me how to make this correction? Since my green card is still under processing, I thought I will be considered in the Immigrant category, my mistake. If I just fill out a new form with these corrections, will it work? Thanks for reading
Again I went to the same FFL today and filled out a new 4473 with correct information and run the NICS check, there was a 3 hour delay and they denied me again!! The FFL person told me that, he called state police for the reason. He told me that the immigration department did not approve me. Back to same situation...
 

bofh

Banned
I would highly recommend waiting for the Green Card, although the hunting license should have been enough to get approval. Have you checked your case status with the USCIS lately? Your Green Card may have been approved and may be in the mail. In this case, your immigration status changed and you just filled out the form wrong, again.
 

S&W645

NRA Life Member
He can in TN. That may not help but in the ID requirements it states thaqt non-US citizens can use a passport for ID purposes.

Additional: The law in TN states elsewhere the alien must have legal permanent residency.
Federal Law does not require legal permanent residency. https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf Lines 11.k, 11.i, 12, 14, and 15 are the ones that affect whether it is legal to buy for aliens. Note there is an exception that allows non-resident aliens to buy if they hold a hunting permit issued by that state. Amongst other exceptions.
 

bofh

Banned
Federal Law does not require legal permanent residency. https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf Lines 11.k, 11.i, 12, 14, and 15 are the ones that affect whether it is legal to buy for aliens. Note there is an exception that allows non-resident aliens to buy if they hold a hunting permit issued by that state. Amongst other exceptions.

You realize that you responded to a post from 2008 (7 years ago)? The ATF form was revised since then to reflect the fact that legal permanent residency is not required.
 

S&W645

NRA Life Member
You realize that you responded to a post from 2008 (7 years ago)? The ATF form was revised since then to reflect the fact that legal permanent residency is not required.
Yep, but this is current info in case others wonder. And it applies in confusedabout's case.
 

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