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Re: L1 Visa Priviledges
Posted: Mon Sep 26, 2011 8:13 am
by seamusTX
While we should always look at the plain text of the statutes, federal laws frequently interact with other laws in ways that are not clear even to lawyers and judges. There also is a lot of case law that is difficult to access.
All I'm saying is that the text of a single statute is not the beginning and end of the story.
- Jim
Re: L1 Visa Priviledges
Posted: Mon Sep 26, 2011 2:25 pm
by Wysiwyg101
The Motorist Protection Act, what an awesome thing. As I read it, if you are legally allowed to to own a firearm in the State of Texas and under Federal law as well, then you can carry a loaded or unloaded firearm in your vehicle. Of course, the gray area where the L1 Visa comes into it is a little murky. One could safely assume that since the owner of the vehicle and/or the owner of the firearm is NOT present then it would be illegal for the L1 Visa holder (who is not able to purchase a firearm due to Federal law and State Law) to actually have the weapon in the vehicle he is in.
At least, that is what I would think. I think a lawyer for either side could twist it any way they wanted to. Better to be safe than sorry I would think. Now, if the gun owner were to take the L1 Visa holder to the range and drop him off with her gun, then I don't see any problems with that. At the Bullet Trap they require a Texas DL, but they might accept other forms of ID.
Just my .02 worth.
Rick
Re: L1 Visa Priviledges
Posted: Mon Sep 26, 2011 2:51 pm
by seamusTX
Minor nitpick:
... the L1 Visa holder (who is not able to purchase a firearm due to Federal law and State Law) ...
A non-immigrant alien cannot
possess a firearm under federal law, unless the person has a hunting license.
Many people who can't buy a firearm from an FFL can legally possess one, such as minors.
- Jim
Re: L1 Visa Priviledges
Posted: Mon Sep 26, 2011 5:55 pm
by Wysiwyg101
seamusTX wrote:Minor nitpick:
... the L1 Visa holder (who is not able to purchase a firearm due to Federal law and State Law) ...
A non-immigrant alien cannot
possess a firearm under federal law, unless the person has a hunting license.
Many people who can't buy a firearm from an FFL can legally possess one, such as minors.
- Jim
Really? Awesome. Good to know. Then I guess that totally invalidates my whole legal theory eh!!
Rick
Re: L1 Visa Priviledges
Posted: Mon Sep 26, 2011 6:37 pm
by seamusTX
Then I guess that totally invalidates my whole legal theory eh!!
No. You have it basically correct.
My only nitpick was that the relevant federal law deals with possession, not transfers.
BTW, 18 U.S.C. ยง 922 uses the term
transfer, which could be a cash purchase, trade, or loan. This was done to prevent criminals from "lending" a firearm to a fellow criminal in another state.
- Jim
Re: L1 Visa Priviledges
Posted: Thu Sep 29, 2011 11:12 pm
by alvins
registered handguns? whats that?
Re: L1 Visa Priviledges
Posted: Fri Sep 30, 2011 11:04 pm
by ghostrider
registered handguns? whats that?
that's somethin they do in them thar foreign places that makes confiscation easier....
Re: L1 Visa Priviledges
Posted: Sat Oct 01, 2011 11:04 am
by seamusTX
Have you two ever heard of e.e. cummings and Archy the cockroach, or don't they teach that kind of thing in schools these days?
- Jim
Re: L1 Visa Priviledges
Posted: Sat Oct 01, 2011 1:47 pm
by bayouhazard
alvins wrote:registered handguns? whats that?
4473
Re: L1 Visa Priviledges
Posted: Tue Oct 04, 2011 6:52 pm
by mikey1969
Managed to get a resident TX hunting license today (fulfilling the required documentation to demonstrate min 6 months residence on L1 Visa). Everything i have seen and studied indicates that i may be in possession of a handgun legally ....... i have no intention to buy or own a handgun until such time i come a resident green card holder.
Thanks again to everyone for their valued contribution to my request.
Re: L1 Visa Priviledges
Posted: Wed Oct 05, 2011 2:18 pm
by tbrown
mikey1969 wrote:Managed to get a resident TX hunting license today (fulfilling the required documentation to demonstrate min 6 months residence on L1 Visa). Everything i have seen and studied indicates that i may be in possession of a handgun legally ....... i have no intention to buy or own a handgun until such time i come a resident green card holder.
Good news. Now you have the paperwork in the highly unlikely event a cop asks for ID when you're shooting your girlfriend's gun at the range. When it comes to the feds, better safe than sorry.
Re: L1 Visa Priviledges
Posted: Tue Oct 18, 2011 4:34 pm
by mikey1969
Just a further update which i hope hope helps other non immigrant aliens (visa workers for short).
Purchase of a firearm from a FFL (such as academy) is possible under the following conditions ............
able to show 90 days residence in the US (usually utility bill)
able to produce an "admission number" issued upon entry into the US on the I94 form.
able to produce a valid hunting license
I had this confirmed by Academy and is actually shown on their publish literature on firearms purchase.
To the best of my knowledge tis is 100% correct and does offer hope to anyone who would like to purchase firearms
Re: L1 Visa Priviledges
Posted: Tue Oct 18, 2011 7:00 pm
by seamusTX
Thanks for the update.
Even if you can purchase firearms in the U.S., you can't take them back easily (or at all in many cases). Obviously you can't take handguns back to the U.K.
I knew a guy from Ireland who had to have a fire sale when he moved back to take care of some family issues.
- Jim
Re: L1 Visa Priviledges
Posted: Tue Oct 18, 2011 7:17 pm
by mikey1969
hi Jim , although from the UK i actually lived for the past 10 years in italy which does allow firearms with strict controls so there is always the chance i can bring them back in that scenario . Will cross that bridge when i get to it :-)
Re: L1 Visa Priviledges
Posted: Fri Feb 10, 2012 9:47 pm
by mikey1969
Just an update >>>>>> A non immigrant alien CAN purchase a firearm via a FFL as long as you have the following documentation:
Hunting License
State issued DL
I94 Admission card (must be at least 90 days old)
Proof of 90 days residence (utility bill etc )
Just completed my third purchase and have a nice range of firearms for keep me busy at the range for a longggggggg time . Good luck to everyone who is in my position ...... there is HOPE !!!