Non US citizen gun possession

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
qballwill
Junior Member
Posts: 7
Joined: Thu Jul 12, 2007 5:35 pm
Location: Port Bolivar, Tx

Non US citizen gun possession

Post by qballwill »

I understand this is not a CHL question, but wasnt sure where to put it.
A friend has an employee that is not a US citizen, but is here legally on a work visa. Are there any state or federal restrictions that would prevent him fromt legally carrying a handgun in his vehicle other than the general restrictions that a citizen has?
Thanks in advance
William
jimd1981
Member
Posts: 88
Joined: Wed Mar 07, 2007 5:02 am
Location: Spring, TX

Re: Non US citizen gun possession

Post by jimd1981 »

Good question!

The issue is whether or not the individual is not "prohibited by law from possessing a firearm", I think, as carrying in a vehicle under your control requires that specifically (and some other requirements -- let's assume the employee isn't engaged in criminal activity, or a member of a gang :) This requirement, specifically, is PC §46.02 (a-1)(2)(B).

The answer may be found in the document "Questions and Answers - Revised AFT 4473 (April 2012 Edition) located here: http://www.atf.gov/files/firearms/faq/n ... iens-2.pdf" onclick="window.open(this.href);return false;

Q3. May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant alien visa purchase or possess a firearm in the U.S.?

A3. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions: (1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the Attorney General of the United States; (4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; (5) is en route to or from another country to which that alien is accredited; (6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

I've set the important points in bold. I would suggest that possessing a valid, unexpired Texas Hunting license will serve to allow the Employee to legally possess a firearm, and thus carry in a car pursuant to the stipulations of PC §46.02 (a-1)
“I got a fever! And the only prescription… is more cowbell...or possibly range time.”
Now Carrying - H&K USP .45c
boxermoose
Senior Member
Posts: 207
Joined: Sat Jan 12, 2013 9:10 pm

Re: Non US citizen gun possession

Post by boxermoose »

That's what I did when I moved down here. Hunting license and 3 months bills to show residence, to purchase. No problem with the background check

When I got my green card I got my CHL
PBratton
Senior Member
Posts: 1487
Joined: Mon Feb 16, 2009 7:47 pm
Location: Sugar Land, Texas

Re: Non US citizen gun possession

Post by PBratton »

boxermoose wrote:That's what I did when I moved down here. Hunting license and 3 months bills to show residence, to purchase. No problem with the background check

When I got my green card I got my CHL
The three month proof is no longer required.
http://www.GeeksFirearms.com NFA dealer.
$25 Transfers in the Sugar Land, Richmond/Rosenburg areas, every 25th transfer I process is free

Active Military, Veterans, Law Enforcement, Fire, EMS receive $15 transfers.

NRA Patron Member, NRA Certified Pistol Instructor, NRA Certified CRSO, Tx LTC Instructor
Post Reply

Return to “General Texas CHL Discussion”