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Gun Purchase for non immigrant aliens
Posted: Fri Jul 06, 2012 6:37 pm
by mikey1969
Good news .........!
basically common sense has prevailed. previously non immigrant aliens had to provide additional documents (correct in my opinion) to purchase a firearm ....however the fly in the ointment was the 90 days residence rule ........ great if you arrive .... get all the correct papers etc .... and wait 90 days ..... but heaven forbid that you go on holiday or a business trip then the clocks starts again from zero ...... meaning anyone living here ... traveling alot for business found it hard to purchase a gun coz the NISC check would deny you if you had left the country (even for a day) even if you had lived here for many years .
good news is that the requirements for purchase are the same but you don't need to prove 90 days continual residency , this in my opinion is already proved by the fact you have texas DL and hunting license ..... anyway it all kicks in on monday . The ATF has issued all this info on their website
http://www.atf.gov/firearms/faq/atf-rev ... -4473.html" onclick="window.open(this.href);return false;
Re: Gun Purchase for non immigrant aliens
Posted: Fri Jul 06, 2012 9:30 pm
by mrvmax
The old 90 day requirement could be validated by 90 days of utility bills. I do not think leaving on vacation would start the clock over. You needed documentation to prove the 90 day residency. I have to knowledge of having to verify you were here all 90 days. I guess it is irrelevant know.
Re: Gun Purchase for non immigrant aliens
Posted: Sat Jul 07, 2012 12:55 pm
by PBratton
mrvmax wrote:The old 90 day requirement could be validated by 90 days of utility bills. I do not think leaving on vacation would start the clock over. You needed documentation to prove the 90 day residency. I have to knowledge of having to verify you were here all 90 days. I guess it is irrelevant know.
If you run a NICS check on a non-immigrant alien that has recently left the country for business or pleasure, they will be rejected for not having 90 residency. The clock does in fact restart when they return from their trip.
I have recently been through this issue with a Customer. His rifle is slated to be in my vault for another 60 days, if he doesn't travel for business...
I'll look into the new requirements.
Re: Gun Purchase for non immigrant aliens
Posted: Sat Jul 07, 2012 2:22 pm
by mrvmax
PBratton wrote:mrvmax wrote:The old 90 day requirement could be validated by 90 days of utility bills. I do not think leaving on vacation would start the clock over. You needed documentation to prove the 90 day residency. I have to knowledge of having to verify you were here all 90 days. I guess it is irrelevant know.
If you run a NICS check on a non-immigrant alien that has recently left the country for business or pleasure, they will be rejected for not having 90 residency. The clock does in fact restart when they return from their trip.
I have recently been through this issue with a Customer. His rifle is slated to be in my vault for another 60 days, if he doesn't travel for business...
I'll look into the new requirements.
I have never had to run a NICS on non resident (the only one I have had has a Texas CHL). I do all my NICS checks via e-check and it never asks. I assume this is covered when it is called in or there is tracking every time a non resident leaves the country.
Re: Gun Purchase for non immigrant aliens
Posted: Sat Jul 07, 2012 4:04 pm
by mikey1969
PBratton wrote:mrvmax wrote:The old 90 day requirement could be validated by 90 days of utility bills. I do not think leaving on vacation would start the clock over. You needed documentation to prove the 90 day residency. I have to knowledge of having to verify you were here all 90 days. I guess it is irrelevant know.
If you run a NICS check on a non-immigrant alien that has recently left the country for business or pleasure, they will be rejected for not having 90 residency. The clock does in fact restart when they return from their trip.
I have recently been through this issue with a Customer. His rifle is slated to be in my vault for another 60 days, if he doesn't travel for business...
I'll look into the new requirements.
Dear PBratton , i would be very interested to see how FFL are receiving guidance from the AFT ..... for example i have spoken twice to NICS customer services (yesterday and today) and they tell me that the 90 day residency required will go on monday 9th and that the I-94 continuous residency check goes with it . I asked my local gunshop and they did not know how to interpret how the 90 day deletion would affect the I-94 check and insisted they would keep it in place ........ i asked them if they would mind checking with NICS and seemed to get upset that i was appearing to teach them something they did not know and seem unwilling to research !!!
Re: Gun Purchase for non immigrant aliens
Posted: Sat Jul 07, 2012 7:03 pm
by PBratton
mikey1969 wrote:PBratton wrote:mrvmax wrote:The old 90 day requirement could be validated by 90 days of utility bills. I do not think leaving on vacation would start the clock over. You needed documentation to prove the 90 day residency. I have to knowledge of having to verify you were here all 90 days. I guess it is irrelevant know.
If you run a NICS check on a non-immigrant alien that has recently left the country for business or pleasure, they will be rejected for not having 90 residency. The clock does in fact restart when they return from their trip.
I have recently been through this issue with a Customer. His rifle is slated to be in my vault for another 60 days, if he doesn't travel for business...
I'll look into the new requirements.
Dear PBratton , i would be very interested to see how FFL are receiving guidance from the AFT ..... for example i have spoken twice to NICS customer services (yesterday and today) and they tell me that the 90 day residency required will go on monday 9th and that the I-94 continuous residency check goes with it . I asked my local gunshop and they did not know how to interpret how the 90 day deletion would affect the I-94 check and insisted they would keep it in place ........ i asked them if they would mind checking with NICS and seemed to get upset that i was appearing to teach them something they did not know and seem unwilling to research !!!
Well, the ATF has been a little slow in getting this info out to all of the FFLs, so I'm sure not all of them know yet. Heck, I haven't received the new forms yet... I'll havge to print a few up from the Eform.