Are international students allowed to possess handguns?

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  • MiaMiaPP

    Plinker
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    Sep 4, 2013
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    Avon
    Here are 2 sources I found, which contradict each other

    Firearms - Frequently Asked Questions - Unlicensed Persons | ATF
    Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who —

    1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
    2. Is a fugitive from justice;
    3. Is an unlawful user of or addicted to any controlled substance;
    4. Has been adjudicated as a mental defective or has been committed to a mental institution;
    5. Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
    6. Has been discharged from the Armed Forces under dishonorable conditions;
    7. Having been a citizen of the United States, has renounced his or her citizenship;
    8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
    9. Has been convicted of a misdemeanor crime of domestic violence
    10. Cannot lawfully receive, possess, ship, or transport a firearm.
    A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
    Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
    [18 U.S.C. 922(g) and (n), 27 CFR 478.32]

    So this is a NO? but this one here (http://www.atf.gov/files/firearms/faq/non-immigrant-aliens.pdf) basically said

    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.

    which means they only need to obtain a hunting license then they'll be good to go.

    Both of those sources are from the same website, atf.gov. I am really confused right now... anyone out there could help?

    Thanks in advance.
     

    Stschil

    Grandmaster
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    Aug 24, 2010
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    At the edge of sanit
    I think you've answered you own question, OP. There is a prohibition on owning/possession of firearms for Non-immigrant Foriegn Nationals as the general rule (your first citation) however, there are some exceptions for certain circumstances (your second citation). In short, a Foriegn Student who does not meet the qualifications listed in the second cannot legally own/possess firearms.
    Now the questions arises, Can a Foriegn Student carry a firearm? I would interpret the above to mean NO, unless he/she were actually engaged in hunting (as you point out) or has satisfied one of the other exceptions listed above.

    INAL/YMMV/FWIW and all that. :D
     

    jwh20

    Master
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    Feb 22, 2013
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    Hamilton County Indi
    It may seem like the ATF information is contradictory but upon closer reading I would paraphrase as:

    "A non-immigrant visa holder who is otherwise legally in the US may possess a firearm if he has a valid federal, state, local, or Indian Tribe issued HUNTING license."
     
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