Can I apply for a CHL

[Rabbit]

I am a british citizen that moved to the US in Aug 2006.

I am on an L1 A Visa and am in final stages of green card application. I have had a few issues with NICS when trying to purchase a firearm. I have never been denied but have had my application cancelled.

I have a social and TX drivers licence

The reason NICS gave me was that i have not been resident in TX for 90days. Which i have I own a home here my family lives here and my kids go to school in TX. But i do have to travel due to work. Which can take me out of the country for a few days.

This has caused me a problem as when NICS check with immergration it only shows my last date of entry which is less than the 90days. It does not show that I only left for a few days.

They have confimed that I meet all of the requirements other than this issue. Problem is I have yet in over a year not been inside the US for 90days straight. I always end up having to go away for a few days for meetings before 90days continuously

Will I have the same problems if I apply for a CHL. As you can understand I dont want to spend the money only to hit this problem again.

Any help and advice would be very helpful

Thanks

[Renegade]

If you are not a permanent resident, you generally cannot purchase a gun. Attempting to purchase one is probably a felony, but I have not checked on that. If you cannot legally purchase a handgun, you are not eligible for a Texas CHL. You need to wait until your green card is official.


(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. nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;

2. 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;

3. certain diplomats, if the firearms are for official duties;

4. officials of foreign governments, if the firearms are for official duties, or distinguished foreign visitors so designated by the U.S. State Department;

5. foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

6. 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]

[Rabbit]

Renegade

Thanks for you post i do meet the requirments for purchasing a firearm as stated in our post:

1. nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;

I have one of these

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

I also have an Alien Number and I-94 adminssion number and also have untility bills which is what they require for proof of the 90 days.

The reason i have had my NICS cancelled is that immergration shows my last date of entry under the 90 days. NICS have said that it is a paper trail issue and that I have to hold on for my entry date to be 90days old and I will get approved at an FFL. Or get immergration to change my enry date which is not going to happen.

So i am unsure how this would effect my application for a CHL

[KBCraig]

Rabbit, your issues with NICS won't affect your CHL application. DPS doesn't perform a NICS check when processing your application. (They can't, even if they wanted to; they have no legal standing to access the system, because it exists solely for dealers to perform an instant check on buyers.)

The problem you're running into is one of typical government incompetence, but no one is allowed to override the unintended consequences, even though they obviously don't apply to you. You could apply for the alternative NICS ID number, but you'll have better luck getting your Texas CHL first.

And once you have your CHL, no more NICS.

By the way, I have a standing offer to everyone from the UK or Commonwealth countries: I'll provide the range, the Lee-Enfields and the .303 ammo any time you are in the Texarkana area. Just give me a shout, and we'll go enjoy the finest bolt-action military rifle ever made!

And just possibly enjoy a pint of Newcastle afterwards.

Kevin

[Crossfire]

What Kevin said is correct. DPS will check to see that you have "established residency". And you have done that, by purchasing a home and enrolling your kids in school. They don't care that you travel.

They will ask for additional documentation from you, so be prepared to provide them with copies of your immigration papers, and just know that it will probably take a bit longer than the average processing time for your CHL.

As long as you meet the other eligibility requirements (you know, over 21, not convicted of a felony, etc), then you should be good to go!

Good luck with this!

[Rabbit]

Kevin and llwatson

Thanks for the information you gave it has given me some light at the end of the tunnel.


Going to fill out my online application now.

@ Kevin

The offer sounds great will deff be intouch if I make it to you kneck of the woods. Been a long time since I shot an Enfield !!!

The Newcastle deff seals it !!!

[Renegade]

Renegade

Thanks for you post i do meet the requirments for purchasing a firearm as stated in our post:

You are an interesting case, first I have heard of like that. I am glad it is going to work out for you.

[Rabbit]

Thanks for the kind words

[dws1117]

I have nothing constructive to add. Just wanted to say welcome to the forum and good luck with your CHL.

I'll also extend an invitation. If your ever in the North Houston area and feel like shooting I'll offer up some fine American steel in the form of a 1911A1 and a Smith and Wesson revolver.

Sorry, I don't know much about Brit beers.

[Kalrog]

Sorry, I don't know much about Brit beers.

That's why you offer the local beer to go with the 1911. Or maybe even more fitting - a Sam Adams. (Decent - not my favorite, but it fits with the theme)

[Fosforos]

They will ask for additional documentation from you, so be prepared to provide them with copies of your immigration papers, and just know that it will probably take a bit longer than the average processing time for your CHL.

The only thing extra I sent in was a photo copy of my "Alien Registration Card" (oh, how I hate that term). I believe there was a page in the packet that instructed me to do just that.
My wife (native Texan) and I sent in our applications at the same time, and she got hers approved three weeks before me. But I still got mine well within 60 days.

Good luck!

[dws1117]

Sorry, I don't know much about Brit beers.

That's why you offer the local beer to go with the 1911. Or maybe even more fitting - a Sam Adams. (Decent - not my favorite, but it fits with the theme)

Well local beer would be Shiner. Sam Adam id made by them that New England Yankees.

[Rabbit]

AndyC


You should be able to purchase a firearm if you have been in the US for over 90days straight.

You need to purchase a hunting licence and then take that with your :

passport
I-94 card
state drivers licence
Alien Number
3 months worth of untility bills

As if you have all this you meet the exemption for a non immergrat alien.