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Non US citizen gun possession

Posted: Mon Jan 05, 2015 10:57 am
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

Re: Non US citizen gun possession

Posted: Mon Jan 05, 2015 11:41 am
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)

Re: Non US citizen gun possession

Posted: Sat Jan 10, 2015 5:30 pm
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

Re: Non US citizen gun possession

Posted: Sat Jan 10, 2015 7:17 pm
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.