Page 1 of 3
None citizen with CHL buys guns, still need background check
Posted: Wed Mar 21, 2007 9:06 pm
by Stupid
Just want to clarify this. I am not a citizen and I have both "green card" and CHL. When I went to store to pick up my Remington 700P, they said I couldn't because they had to "call in" and they did and they said I was "put on hold".
Not quite sure what kind of policy is that or even that is "the law". I am authorized to carry a concealed weapon, but I cannot buy another one? Not to mention I have about 10 more at home, and since I got my CHL, this is the 5th firearm I purchased and the first time a dealer "had to call in".
Would anybody know this is just a "store policy" or real ATF procedure/law?
I don't mind waiting for another week or so, but driving back and forth for 2 hours is NOT fun.
Posted: Wed Mar 21, 2007 9:35 pm
by carlson1
Under federal law, aliens who have been admitted to the U.S. under a non-immigrant visa are not qualified to purchase a handgun and therefore do not qualify for a license. As long as you were not admitted under a non-immigrant visa and are a legal resident of Texas, you may qualify.
Posted: Thu Mar 22, 2007 11:42 am
by zigzag
They are strict now after 9 /11 but i dont uderstand i fyou have a CHL that would have waive it. The seller is just complying with ATF rules.
Posted: Thu Mar 22, 2007 1:16 pm
by seamusTX
"Stupid," I think the dealer was not obligated to call you in to NICS.
Look here.
He may have been unsure of how to verify your immigration status. While it is logical that you could not have obtained a CHL unless you were a legal permanent resident, the dealer probably doesn't see that combination often.
Of course, I'm not a lawyer or FFL. I had been hoping someone with more expertise would answer this question.
- Jim
Posted: Thu Mar 22, 2007 1:53 pm
by zigzag
Lots of sellers and dealers are surists by nature or their license to sell gets revoked. If it was a white blonde female with CHL and born in Western Europe, it might be a different story.
Re: None citizen with CHL buys guns, still need background c
Posted: Thu Mar 22, 2007 5:38 pm
by KD5NRH
Stupid wrote:Would anybody know this is just a "store policy" or real ATF procedure/law?
Check with Tac Pro Shooting Center.
http://www.tacproshootingcenter.com/index.html
(There should be an email address somewhere on the site)
The owners are British immigrants still waiting out the citizenship process, so they probably have a lot of insight into firearms laws and how they apply to non-citizens.
It says something about the immigration department when you look at how much BATF paperwork they've gotten done, and still have years to go on their citizenship papers.
Posted: Thu Mar 22, 2007 6:31 pm
by Lucky45
Hey Stupid,
I would have told him to keep the guns and give me my money back. Take your money elsewhere, like alot of people in here say all the time.
Posted: Thu Mar 22, 2007 6:33 pm
by Stupid
What makes you think I am not a white blonde female with CHL and born in Western Europe?
zigzag wrote:Lots of sellers and dealers are surists by nature or their license to sell gets revoked. If it was a white blonde female with CHL and born in Western Europe, it might be a different story.
Posted: Thu Mar 22, 2007 6:47 pm
by 40FIVER
Stupid wrote:What makes you think I am not a white blonde female with CHL and born in Western Europe?
Well, the blonde, female part helps explain your forum name.
Posted: Thu Mar 22, 2007 6:52 pm
by Stupid
duh, should have thought about that.
*laugh!!!!!!!!!!!!!!!
40FIVER wrote:Stupid wrote:What makes you think I am not a white blonde female with CHL and born in Western Europe?
Well, the blonde, female part helps explain your forum name.
Posted: Thu Mar 22, 2007 6:52 pm
by Stupid
can't find any cheaper price.
Lucky45 wrote:Hey Stupid,
I would have told him to keep the guns and give me my money back. Take your money elsewhere, like alot of people in here say all the time.
Posted: Thu Mar 22, 2007 8:34 pm
by zigzag
Lol, dont take it seriously. Blondes are blondes , the best there is in human species.
Posted: Thu Mar 22, 2007 9:04 pm
by Renegade
Texas CHL precludes NICS check. They did not need to call it in.
Posted: Wed Apr 18, 2007 4:11 pm
by Aberdonian
Renegade wrote:Texas CHL precludes NICS check. They did not need to call it in.
I just bought a new gun and they called it in. I am resident alien with TXCHL. It did go thru in 1/2 hr unlike the couple of days before I had a CHL.
I suppose minor inconvenience, but I wish there was some standard way of handling this.
AGB
Posted: Wed Apr 18, 2007 4:48 pm
by frankie_the_yankee
Possibly as one poster mentioned, it was not necessary for the dealer to do a NICS check since the purchaser held a valid TX CHL. But if the store owner wants to do a NICS check on everybody, regardless of CHL status, there is nothing to be done about it except possibly shopping at another store.
But when a NICS check IS done, there are 3 possible outcomes: "Approve", "Deny", and "Hold".
A "Hold" can be issued if there is something in the NICS check that the agency (FBI?, BATFE?) needs more time to rule in or rule out.
I think this is what Stupid was referring to in his/her original post.
It is possible that SINCE getting the CHL, some new data point was entered into the NICS system, whether correct or not, that has caused a HOLD to come back.
Being a resident alien (i.e. with a green card) by itself would have nothing to do with this.