Non-US Citizen Wanting To Buy A Handgun.

[bwframe]

Good luck on the firearms purchase.

Don't neglect basic home security while you're pursuing your purchase.
IE; motion lights, deadbolts, lockable "safe room", alarm system and, or cameras.

If you have to wait, you might look at non lethal protection such as pepper spray and tasers.

[karlsgunbunker]

R. NONIMMIGRANT ALIENS


(R1) May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?
Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.
There are exceptions to this general prohibition. The exceptions are as follows:

1. <LI align="justify">nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;
   
   <LI align="justify">nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the collection, competitive use or other sporting use of firearms;
   <LI align="justify">certain diplomats, if the firearms are for official duties;
   <LI align="justify">officials of foreign governments, if the firearms are for official duties, or distinguished foreign visitors so designated by the U.S. State Department;
   <LI align="justify">foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and
2. persons who have received a waiver from the prohibition from the U.S. Attorney General.

Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Department of Homeland Security (formerly the Immigration and Naturalization Service) AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 consecutive days immediately prior to the firearms transaction.
[18 U.S.C. 922(g)(5)(b) and 922(y), 27 CFR 478.124, ATF Rul. 2004-1]


(R2) Typically, who are "nonimmigrant aliens?"
In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. Permanent resident aliens often are referred to as people with "green cards."


(R3) How do I obtain a waiver from the Attorney General?
You should contact ATF’s Firearms Programs Division for information on that procedure. However, in order to apply for the waiver you must have resided in the United States continuously for at least 180 days prior to submitting your application.


(R4) I'm a nonimmigrant alien. I have a State concealed weapons permit. Does this exempt me from the prohibition on nonimmigrant aliens possessing or receiving firearms and ammunition?
No. A State concealed weapons license/permit does NOT satisfy the hunting license or permit exception to the prohibition.


(R5) What is an alien number or admission number?
These are 2 different types of numbers. An admission number is the number on an INS Form I-94 or INS Form I-94W, the arrival/departure form Customs and Border Protection (CBP) gives most nonimmigrant aliens when they arrive in the U.S. While most nonimmigrant aliens will automatically receive an admission number when they enter the U.S., Canadians will not. However, if a Canadian asks a CBP official for an admission number when he/she enters the United States, he/she will be given an admission number. Most nonimmigrant aliens will not have an alien number. An alien number is a Department of Homeland Security file number. It is issued in a variety of limited situations, such as to nonimmigrant aliens with employment authorization documents.


(R6) I am a nonimmigrant alien. I purchased a firearm in Maine in early 1998 after providing the Federal firearms dealer with documentation showing I had resided in the State for more than 90 days. I was told that this transaction was legal then. Am I entitled to keep that firearm and any ammunition I have on hand? Is there a "grandfather" clause that would protect me from criminal liability?
Since October 21, 1998, when the Gun Control Act was amended to make nonimmigrant aliens a new category of prohibited persons, nonimmigrant aliens generally have not been able to possess firearms and ammunition in the United States. The law does not contain a "grandfather clause." Therefore, unless you obtain a valid State hunting license or permit (or fall within one of the other exceptions), your possession of the firearm and ammunition is NOT legal.


(R7) I have a "green card" and have lived in Texas for several years. Am I prohibited from purchasing firearms and ammunition from an FFL in Texas?
As long as you are not otherwise prohibited from purchasing or possessing firearms and ammunition (for example, a felon), Federal law does not prohibit you from purchasing or possessing firearms or ammunition. However, you will need to put your alien number or admission number on the Form 4473 and provide the FFL with documentation establishing you have resided in Texas for more than 90 consecutive days preceding the transaction. Moreover, you must make sure there are no State or local restrictions on such a purchase.


(R8) I am a nonimmigrant alien who has resided in Idaho for 1 year. I have a valid Montana hunting license. Can I use the Montana license as evidence that I fall within an exception to the nonimmigrant alien prohibition when I go to buy a gun from a dealer in Idaho?
Yes. A valid hunting license or permit from any State within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The license does not have to be from the State where the nonimmigrant alien is purchasing the firearm. Please note, the transaction must comply with State and local laws.


(R9) I am a nonimmigrant alien who is on a month-long vacation in the United States. I have a hunting license and an admission number. Can I legally buy a firearm from a Federal firearms licensee (FFL) in the United States and take possession of it in the United States?
No. You cannot legally buy a firearm from an FFL and take possession of it in the U.S. because you have not resided in a State within the United States for 90 days.


(R10) I am a nonimmigrant alien. I'm coming to the United States for 2 weeks. I do not have a hunting license or any alien or admission number. Can I buy a firearm from a Federal firearms licensee (FFL) to take back to my home country?
You may not buy a firearm and take possession of it in the United States. However, the FFL may directly export the firearm to your home country. If the FFL directly exports it, you do not need a hunting license, alien number or admission number, or 90 days of State residency. However, the FFL first must obtain an export license from the Department of State or, if the firearm is a sporting shotgun, from the Department of Commerce.


(R11) I am a nonimmigrant alien from Canada and am planning to reside in Florida for 6 months. Do I need an alien number or admission number if I plan to buy a gun after living in Florida for 90 days? If so, how do I get such a number?
All non-U.S. citizens need an alien number or admission number to purchase a firearm from a Federal firearms licensee (FFL). The FFL will not complete the sale if you do not have such a number. This is the case even if you have a State permit that ATF has determined qualifies as a "NICS alternative" and therefore do not need to have a National Instant Criminal Background Check System check. Most nonimmigrant aliens will automatically receive an admission number when they enter the United States. However, Canadians will not automatically receive this number and therefore should specifically ask for this number when they enter the United States. These numbers only can be issued at a port of entry, so it is important that you request the number when you enter the United States. Please note, most nonimmigrant aliens will not receive alien numbers.


(R12) I am a nonimmigrant alien and have been residing in Florida for 4 months. I do not have an alien number or admission number. Is there any way I can get a number?
Yes. However, because Customs and Border Protection (CBP) only issues admission numbers at ports of entry, you generally will have to leave the United States and return to the United States to get such a number. One way to accomplish this is to go to either the Canadian border or Mexican border, leave the United States, and then reenter the United States. Upon reentering the United States, you can ask a CBP inspector for an admission number. You do not have to stay in Canada or Mexico for any length of time to do this. You can simply drive over the border, turn around, and reenter at a Customs and Border Protection point of entry. You also could request an admission number at a U.S. airport or seaport if you left the United States and returned by plane or ship. Please note, however, that it will take several weeks for the admission number to be entered into the government records system. You likely will receive a "denied" response from NICS or the State POC if you try to purchase a firearm before the number is entered into the government records system. Most nonimmigrant aliens will not be able to obtain alien numbers.


(R13) ATF regulations give the Attorney General or his delegate (the ATF Director) the authority to require nonresidents temporarily bringing firearms and ammunition into the United States for hunting or other lawful sporting purposes to first obtain an approved import permit. Do all such importations now require an ATF-approved permit?
All nonimmigrant aliens (with a few exceptions which are listed below) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad). The exceptions to this permit requirement are for certain foreign military personnel, official representatives of foreign governments, distinguished foreign visitors, and foreign law enforcement officers of friendly foreign governments entering the U.S. on official law enforcement business.
[27 CFR 478.115(d) and (e)]


(R14) What type of form do I, as a nonimmigrant alien, need to file with ATF to temporarily import a firearm or ammunition for hunting or other lawful sporting purposes?
You need to file ATF Form 6 NIA (Application and Permit for Importation of Firearms, Ammunition and Implements of War by Nonimmigrant Aliens). The Form is both the application and, once approved, the permit you present to the U.S. Customs and Border Protection when you enter the United States. The Form 6 NIA can be obtained by calling ATF's Firearms and Explosives Imports Branch or ATF's Distribution Center. It also can be downloaded from ATF's Web site at www.atf.gov.


(R15). Why is the submission of a Form 6 NIA for every importation now necessary?
After the events of September 11th, it was determined that national security and public safety required ATF to know when nonimmigrant aliens are bringing firearms and ammunition into the country and the numbers and types of firearms and ammunition they are bringing in. Moreover, because nonimmigrant aliens generally cannot possess firearms and ammunition in the United States, the permit process is necessary to ensure any nonimmigrant alien bringing firearms or ammunition into the country falls within an exception to the prohibition.


(R16) Do I need to attach any particular documentation to the Form 6 NIA application I submit to ATF?
Yes. When you file your Form 6 NIA application, you must provide ATF with appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition. Appropriate documentation includes a valid hunting license/permit from a State of the United States. In order to be valid, the license cannot have expired at the time of submission. An application for a hunting license/permit does not qualify for the exception. A Canadian hunting license/permit also does not qualify. Appropriate documentation also includes an invitation/registration to attend a target shooting competition or sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the collection, competitive use, or other sporting use of firearms. Invitations/registrations only will qualify for the exception if they are addressed to/filled out by the Form 6 NIA applicant. If a hunting license/permit or an invitation/registration is faxed to ATF, all information must be legible on the faxed copy.


(R17) Do I need to show anything other than the approved Form 6 NIA permit to U.S. Customs and Border Protection (CBP) when I enter the United States?
When you enter the United States, you must show CBP both your approved Form 6 NIA permit and appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition.


(R18) I'm a nonimmigrant alien. I provided ATF with a copy of a hunting license when I filed my Form 6 NIA import application. Can I provide Customs and Border Protection (CBP) with a copy of the same hunting license when I enter the United States?
It depends. If the hunting license is still valid (meaning it has not expired) at the time you enter the United States, you may present CBP with a copy of the same license. However, if the hunting license has expired, you must get a new hunting license to present to CBP, or CBP will not allow you to import the firearm or ammunition. Please note, you must have a valid hunting license the entire time you possess firearms or ammunition in the United States or your possession will be illegal. Similarly, if you provided ATF with a copy of an invitation/registration to attend a target shooting competition or sports or hunting trade show, you may present CBP with a copy of the same invitation/registration, as long as it is for a future event.


(R19) How long does it usually take for ATF to approve a Form 6 NIA permit application?
6 to 8 weeks. Please note, this time frame begins to run once ATF receives a correctly completed application. The time frame is the same whether the application is submitted to ATF by U.S. mail, FedEx, fax, or hand delivery.


(R20) Can I list more than one firearm on a Form 6 NIA application? Can I also list ammunition on the same form?
You may list more than one firearm on a Form 6 NIA application and may include ammunition on the same form.


(R21) I am a nonimmigrant alien who wants to bring firearms into the U.S. for a hunting trip. Can I fill out and submit the Form 6 NIA myself? Or must I have a Federally licensed importer or dealer complete it and submit it for me?
You may complete the form yourself and submit it yourself.


(R22) May I submit my Form 6 NIA application by fax?
Yes. You may fax your application documents to the Firearms and Explosives Imports Branch. If you would like the permit faxed back to you once it is processed, please include a return fax number, as well as a daytime telephone number so that we can follow up if necessary.


(R23) I am a nonimmigrant alien. I have obtained an approved ATF Form 6 NIA import permit. Someone mentioned that I have to give Customs and Border Protection (CBP) both the approved Form 6 NIA permit and something called "ATF Form 6A." Is this correct?
No. Because you are only importing the firearms temporarily, you do not need to complete ATF Form 6A or provide it to CBP.


(R24) I am a nonimmigrant alien and come to the United States at least 6 times a year to go hunting. Do I need to file a new Form 6 NIA application for each trip?
No. The import permit you receive authorizes you to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as you have a valid State hunting license to present to the Customs and Border Protection Inspector at the time of entry.


(R25) I am a nonimmigrant alien and come to the United States for multiple competitive target shooting events each year. Do I need to file a new Form 6 NIA application for each event?
No. When you apply for your import permit, you should attach your invitations/registrations to all the events you will be attending during the next 12 months. These will be attached to your approved permit. The import permit you receive will authorize you to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as the invitations/registrations attached to the permit are for future events. If you do not expect to have invitations/registrations for future competitions until shortly before the competitions, you may want to rely on the hunting license exception to the nonimmigrant alien prohibition. If you attach a hunting license to your application, you will be able to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as you have a valid State hunting license to present to the Customs and Border Protection Inspector at the time of entry. You may rely on this exception even though you are coming to the United States for competitive shooting events, and not to hunt.


(R26) I am a nonimmigrant alien coming to the U.S. for a two-week hunting trip with 10 other nonimmigrant aliens. Do we all have to file separate Form 6 NIA applications?
Yes. Each person must file a separate Form 6 NIA application. Each applicant also must provide his or her own hunting license/permit as part of his/her application. Similarly, if a group of nonimmigrant aliens is coming to the U.S. to compete in a qualifying competitive target shooting event or to attend a sports or hunting trade show, each person must file a separate Form 6 NIA application and provide his/her own invitation/registration as part of the application.


(R27) I'm attending a shooting event in the United States and am not sure if it qualifies for the exception. What should I do?
We suggest that before filing your Form 6 NIA application, you call the Firearms and Explosives Imports Branch and ask if the event qualifies. If it does not qualify, you may obtain a hunting license as an alternative way of meeting one of the exceptions. Checking if the event qualifies before you submit your application will speed up the processing time of your application.


(R28) I am a nonimmigrant alien. Do I need a Form 6 NIA import permit to import a muzzle loading gun that is considered an antique firearm under the Gun Control Act?
No. Because antique firearms are not considered firearms for purposes of the Gun Control Act, none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition. If you are not sure if your firearm is an antique firearm as defined by the Gun Control Act, contact ATF's Firearms Technology Branch.


(R29) I am a nonimmigrant alien. Are there any restrictions on the types of guns I can temporarily bring into the United States for hunting or for a shooting competition?
Yes. Unregistered National Firearms Act weapons (which include machine guns, short-barreled rifles and shotguns, and silencers); U.S. Government origin firearms or firearms that contain U.S. Government origin manufactured parts or components; and firearms from certain proscribed countries may not be temporarily imported. If you think the firearm(s) you wish to import may be affected by these restrictions, please contact the Firearms and Explosives Imports Branch.
[26 U.S.C. 5844, 27 CFR 447.52 and 447.57]


(R30) If I import a firearm temporarily for hunting or match shooting, do I have to take it out of the United States at all? My brother-in-law is a United States citizen and a U.S. resident. Can I just import the firearm, and leave it in the United States with him until I come back to the U.S. and need the gun again?
You may not leave the firearm with your brother-in-law. The regulations only allow you to temporarily import firearms. Therefore, you must take the firearms you import back out with you when you complete your sporting activity. In fact, the import permit you receive will have a stamp on it stating that the firearm must be taken out of the United States at the conclusion of the hunting or sporting event, as well as a stamp saying the firearm may not be transferred to another person. Therefore, leaving the firearm in the United States with your brother will result in an unlawful importation.


(R31) If I can't leave the gun with a friend or relative, could I leave it in the custody of a Federal firearms licensee in the United States?
No. Because the regulations require you to take the firearms you import back out with you when you complete the sporting activity, you cannot leave them with anyone in the United States, even a Federal firearms licensee. Also, leaving it with an FFL will violate the stamps on your permit that state the firearm must be taken out of the United States at the conclusion of the hunting or sporting event and may not be transferred to another person.


(R32) If I receive a Form 6 NIA import permit, do I need to obtain an export permit to take the guns and/or any remaining ammunition back out of the United States?
No.


(R33) I'm a nonimmigrant alien who is coming to the United States for two weeks to go hunting. Can I rent a firearm in the United States to use on this trip? What if I want to go to a shooting range one day - can I rent a firearm there as well?
As long as you possess a valid hunting license from a State within the United States, you may rent firearms to hunt and to use at a shooting range. If you do not have the hunting license, your possession of the firearms and ammunition will be unlawful. The hunting license does NOT have to be from the State where you will be possessing the guns and ammunition.
[18 U.S.C. 922(a)(5) and (9), 922(g)(5)(B) and 922(y)]


(R34) I am a U.S. citizen living in Canada with no State of residency in the United States. Do I need an import permit to temporarily bring my gun to the U.S. to hunt or to attend target shooting events?
No. You are not required to obtain an import permit. The import permit requirement only applies to nonimmigrant aliens.


(R35) I'm Canadian and am going to be driving through the United States as a short cut to get from one part of Canada to another part of Canada. I'm going to have a rifle with me. What documentation will I need at the U.S. borders?
You do not need a Form 6 NIA import permit from ATF because you are not temporarily bringing your gun in for hunting or other lawful sporting purposes. You also do not need a DSP-61 import license from the State Department because there is an exception to their license requirement that applies in this situation. However, you do need to have a valid hunting license from a State within the United States to make your possession of firearm legal while you are in the United States.


(R36) I'm a nonimmigrant alien and have been living in the United States for several years. I have a firearm that I legally purchased in the United States and legally possess (I have a valid State hunting license). I'm going to bring my gun with me on a hunting trip to Canada. Will I need to obtain a Form 6 NIA permit to bring the gun back into the United States with me?
You will not need to obtain a Form 6 NIA permit if, when you return to the U.S., you can satisfy the U.S. Customs and Border Protection (CBP) official that you previously took the firearm out of the United States with you. The easiest way to do this is to complete Customs Form 4457 when you leave the U.S. with the gun. Please note that when you return to the U.S. you will have to present the CBP official with documentation (for example, a hunting license/permit) demonstrating you are exempt from the general non-immigrant alien prohibition on possessing firearms.


(R37) I am a Canadian law enforcement officer planning to attend a qualifying competitive target shooting event in the United States. Do I need an import permit?
If you are attending the event in your official capacity as a law enforcement officer and all the firearms you are bringing are for use in that event, you do not need a permit. This is because of a regulatory exception in 27 CFR 478.115(d)(5). You will need to show Customs and Border Protection documentation (such as a letter on agency letterhead) demonstrating that you are a law enforcement officer and need to use these firearms for official purposes.
If, however, you are attending the event as a private individual, the non-immigrant alien import permit requirements will apply to you.
Please note that even if you are exempt from the permit requirements as a law enforcement officer on official business, you may not bring in unregistered National Firearms Act (NFA) weapons (e.g., short-barreled rifles and shotguns, machine guns, silencers).

[fldquy157]

I guess that I can't buy a gun until I get an alien number then. :(

Hey, but that is OK.

Thanks very much all you guys for being so helpful.

karlsgunbunker,

Hope you did not type up the post above, though.

[karlsgunbunker]

Originally Posted by fldquy157

I guess that I can't buy a gun until I get an alien number then. :(

Hey, but that is OK.

Thanks very much all you guys for being so helpful.

karlsgunbunker,

Hope you did not type up the post above, though.

Cut and Paste is your friend.

[Yamaha]

Originally Posted by Annie

Completely manageable by the gauge you choose and the load you shoot.

heck, a 12's kick also varies on what type of shotgun it is too....


some high brass 00buckshot would be perfect, but will kick alot harder than others. I vote a glock and either a semi or pump 12, as both of those have less recoil than bolt or kick downs.

[karlsgunbunker]

[27 CFR 478.11]

(B13) May aliens legally in the United States buy firearms?

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.
See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]

Not sure if this section helps or not.

[fldquy157]

Originally Posted by karlsgunbunker

[27 CFR 478.11]

(B13) May aliens legally in the United States buy firearms?

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.
See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]

Not sure if this section helps or not.

I think I may have read a compiled version of this as well.

However, I don't know why when I called the gun shop in Columbus and after I have told them of my situation and they simply gave me a hard, cold "NO". Probably they do not have much experience selling guns to aliens.

I have been in the US for 1 year, been employed and owned a home. OK, I am not sure that I would be allowed to ask here that if someone could recommend me a gun shop that has experience selling guns to non-US citizens (aliens?) legally residing in the US.

Thanks very much.

Best regards,
fld.

[babolat69]

A lot of time has passed since the last post so you might have already solved your situation but for what its worth, a legal alien CAN buy a gun from a FFL. What you need is your DL, 3 bills that show that you live in the State for at least 3 months, the number from your I-90 (card you get when you enter the country) and a hunting license. The latter you can obtain on line by Googling up hunting license. A GC does not change these requirements.

You will probably not get an answer back from the background check during the same day as they need to check additional data bases but you will get it within 3. Be aware that you must be in the US for at least 3 months or your BGC will be denied. This is critical if you travel out of the country on vacation or work since the 90 days start all over again every time you leave (bad interpretation of the law).

Cheers!!

[VN Vet]

First get a good 12 ga pump shotgun. Then get a handgun. If you have no handgun experience I recommend a six shot .38 cal. revolver over a semi-automatic pistol as your first handgun. However the final choice is yours.

Welcome to INGO. The people here at the INGO and Hoosiers in general are good friendly people.