legal immigrant posession?

[truthisfreedom]

Hello everyone, this is my first post on this forum and Im rather new to the "lifestyle" and the regulations surrounding it. I have been doing my research for months now, before I purchase my first handgun and apply for a CHL. I recently posted this question on XDtalk and many of them referred me to this forum to get a straight answer. Here it goes:

My girlfriend has decided due to the ever worsening state of affairs in the US, as well as the coming economic recession/possible depression. I'm a psychology student here at Texas State University with a minor in forensic psychology and a specialty in crime/social deviance. I have done the research myself that when the economy goes down, people get desperate for money and robberies go up. Just a side note, as to the background of this post.

Anyways, my girlfriend wants a gun, but she has an immigrant visa (UK) and is not yet 21 years of age. I'm pretty sure she can buy a rifle or shotgun, but if she wants a handgun, could I buy it and give it to her as a gift? Also, if she could be given the item as a gift, where would she be allowed to use it/keep it (obviously not carry on person until 21)? I am of age to purchase and carry (upon receiving my CHL) in Texas, but I'm having a really hard time finding the specific regulations for permanent residents in regards to possession/carry.

Any help would be great and I really appreciate all help.

[longtooth]

That will take one of our instructors or Charles. You will have a good answer before the day is done. Welcome aboard & glad to see another youngster doing your homework. You are wise beyond your age.

[nuparadigm]

In general, non-immigrant aliens are forbidden to possess any firearms or ammunition. But there is a big exception for a legal alien who:

...is in possession of a hunting license or permit lawfully issued in the United States

(See Title 18, USC Chapter 44, Section 922, part (y)(2) for details.)
http://frwebgate.access.gpo.gov/cgi-bin ... :+18USC922

Green-card holders and immigrant aliens who do not yet have their green card are both okay under federal law, although many people (including gun dealers, law enforcement officers, etc.) are not aware of the distinction or the hunting license exception, and erroneously think that either you have a green card, or you can't have guns.

Also, a non-citizen cannot purchase a firearm from a federally licensed firerams dealer unless they have been a resident of their state for 90 days. So tourists on short visits cannot walk into guns stores to get "protection" during their trip.

Since there are no Federal laws regulating your girlfriend's purchasing/owning a long arm before the age of 21, she's ok there. A handgun, however, would place her (under Federal statute) in the same position as a U.S. citizen under the age of 21.

Texas has no statutory restrictions that I could find.

[seamusTX]

If you marry your girlfriend, many problems will be solved, though perhaps others will emerge.

- Jim

[truthisfreedom]

Thank you much for the help, I'll pass on that info to her. As for the marriage, I'll have to see about that lol.

[Stupid]

Straightly, no.

however, there's an exception. Depends on the visa your gf holds. If she has H or L type visa, she can qualify through getting a fishing and hunting license, then a firearm.

[Venus Pax]

You are wise beyond your age.

[Fosforos]

I agree with nuparadigm.

If you are a permanent resident, the laws are exactly the same as for citizens. You do need to prove residency for 90 days when purchasing a firearm, though.

The "nonimmigrant" language that the Texas DPS has in their FAQ, which refers to federal law, is confusing, and had me confused for a long time. The BATFE website FAQ puts it in plain language - if you are a legal permanent resident (green card), you are not a "nonimmigrant", and what kind of visa you entered with is a moot point.

[truthisfreedom]

You are wise beyond your age.

who me?

[stevie_d_64]

Yep, marriage...

If you're already talking about guns, gifts etc etc...

Next will be drapes, dinnerware, dogs...

Yeah, you have it bad...

Good luck, and let us know the good news!

(pressure is on now...Think I'll sit back and )

[Thane]

Straightly, no.

however, there's an exception. Depends on the visa your gf holds. If she has H or L type visa, she can qualify through getting a fishing and hunting license, then a firearm.

I believe you're thinking of non-immigrant visa classifications. It's my understanding that immigrants (or "permanent residents") are able to buy the same things we are, at the same age.

When she's 21, if she has maintained her permanent resident status, she ought to be able to buy her pistol and get her CHL.

[Stupid]

what "immigrant visa" are you talking about? If she comes here with an immigrant visa, she must have green card.

[truthisfreedom]

yeah she does have a green card, if my memory serves me right.

[truthisfreedom]

To 100% prove how badass my girl is, she wants to buy my gun for me so she can play with it at the range "very niiice".





Note: Not Literally buy it for me, but rather, pay for it. I hope I didn't really need to clarify that, after the content of this thread .

[Stupid]

in that case, she only needs to show a 90 days' utility bill to qualify as TX residency. There's no more requirement.

she can get CHL too.

yeah she does have a green card, if my memory serves me right.