Page 4 of 4

Re: NICS denial for new permanent residents?

Posted: Sun Apr 22, 2012 10:02 am
by MIG33
ghostrider wrote:
Do you know what kind of changes and where to read about them?

there should be a memo on atf's web site, but I've seen it posted elsewhere. Basically, it says that showing proof of 90 days
residency (usually utility bills) is no longer required.
This is something new to me. Because every FFL as far as I know, still asks for 90 days worth of utility bills etc... Does it mean they do not comply with federal regulations ?

Re: NICS denial for new permanent residents?

Posted: Mon Apr 23, 2012 9:04 pm
by MIG33
AndyC wrote:Dec 22, 2011 -
The Department of Justice (the Department) has recently concluded that, as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA. As a result, ATF will be revising the regulations in 27 C.F.R. Part 478 to conform to the Department’s conclusions by removing the separate 90-day residency requirement for aliens. Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for State residency and proof of residency. ATF is in the process of amending its forms to conform to the statute as well.

This process of amending the relevant regulations and forms will be completed as expeditiously as possible. Until that process is complete, however, the current regulations have the force of law. Accordingly, for the time being, FFLs should continue to use the current forms and abide by the current regulations.
http://www.atf.gov/press/releases/2011/ ... idence.pdf" onclick="window.open(this.href);return false;

We discussed this a while back here
Thank you for this information.

Re: NICS denial for new permanent residents?

Posted: Sun Apr 29, 2012 4:13 pm
by MIG33
Does anyone know is that true :
If Permanent Resident leaves the country for some period of time and then comes back- does he have to wait 90 days and "reestablish his residency" before buying a firearm?

Re: NICS denial for new permanent residents?

Posted: Mon Apr 30, 2012 6:02 pm
by Dave2
AndyC wrote:As things are right now, you have to be able to show those utility bills so depending upon your circumstances, it might make proving your residency to a gun-store a lot harder - it's one of the things they have to check.
Hmm... what if you live out in the boonies & off the grid? There might not be any bills for power and water. Though, I guess there'd still be phone/internet bills unless you're completely cut-off (or own an ISP and gave yourself a free connection).