Questions for dealers

[IronicEnigma]

I have a very close friend who for the longest time gave no thought to owning a firearm. After recent discussions revolving Maryland and crime, he finally decided that his nagging inside voice was right. He will be shortly in the market for a shotgun and potentially a pistol.

The issue is that he is a resident alien, a native Canadian, who lives and works in Maryland. The question is what are the legal requirements/documents needed for my friend to purchase these items?

 

[novus collectus]

I am not a dealer, but I might be able to help while you are waiting for the dealers to post.
This is from the ATF FAQ page:

(R1) May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?

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 firearms trade organization devoted to the collection, competitive use or other sporting use of firearms;

3. certain diplomats, if the firearms are for official duties;

4. officials of foreign governments, if the firearms are for official duties, 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 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]



(R2) Typically, who are "nonimmigrant aliens?"

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."

(R7) I have a "green card" and have lived in Texas for several years. Am I prohibited from purchasing firearms and ammunition from an FFL in Texas?

As long as you are not otherwise prohibited from purchasing or possessing firearms and ammunition (for example, a felon), Federal law does not prohibit you from purchasing or possessing firearms or ammunition. However, you will need to put your alien number or admission number on the Form 4473 and provide the FFL with documentation establishing you have resided in Texas for more than 90 consecutive days preceding the transaction. Moreover, you must make sure there are no State or local restrictions on such a purchase.



(R8) I am a nonimmigrant alien who has resided in Idaho for 1 year. I have a valid Montana hunting license. Can I use the Montana license as evidence that I fall within an exception to the nonimmigrant alien prohibition when I go to buy a gun from a dealer in Idaho?

Yes. A valid hunting license or permit from any State within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The license does not have to be from the State where the nonimmigrant alien is purchasing the firearm. Please note, the transaction must comply with State and local laws.

(R5) What is an alien number or admission number?

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 Customs and Border Protection (CBP) 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 a CBP 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 a Department of Homeland Security file number. It is issued in a variety of limited situations, such as to nonimmigrant aliens with employment authorization documents.

http://www.atf.treas.gov/firearms/faq/faq2.htm#r1

 

[novus collectus]

By the way, if it is a gun they plan on taking back to Canada someday, they may want to buy a gun that is legal in Canada too.

 

[AKbythebay]

Wasn't the VT killer a nonimmigrant alien or something like that???

 

[novus collectus]

Wasn't the VT killer a nonimmigrant alien or something like that???

He had a green card.

 

[IronicEnigma]

Thanks for the heads up, found the same link today.

And yup, VT shooter was resident who was a couple sandwiches shy of a picnic...