Search found 7 matches

by ghostrider
Tue Oct 06, 2009 11:41 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

>True, however, hunting permit/license would not clear the applicant for CHL.

That is correct for TX.

>Also, are handguns permitted under a hunting license?

As far as I know, yes. I did not see anything in the rules that distinguishes between handguns or long guns, and since handguns are legal for hunting in many states, that would make sense.
by ghostrider
Tue Oct 06, 2009 11:37 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

>Thank you Mr Ghostrider I have updated my post so that it now should read correctly.

you're welcome.

Its a gray area to many; I try to help out.
by ghostrider
Mon Oct 05, 2009 11:43 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

The instructions for the 4473 form include the exception for non-immigrant aliens in the instructions:

EXCEPTION to 11.l.: A nonimmigrant alien is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued in the United States;


Now there is more to it than that - the purchaser must show proof of 90 days continuous residence in the state they are making the purchase, but my point is with a valid hunting license it is legal for non-immigrant aliens to purchase/possess firearms and ammunition.
by ghostrider
Mon Oct 05, 2009 11:26 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

>If you are here as a non immigrant on a visa (as per the title of this thread) you are ineligible to
> purchase firearms & apply for a CHL.

If you are here on a non-immigrant visa you are ineligible to purchase firearms and ammunition, unless you qualify for one of the exemptions. For example, the possession of a valid US state hunting license is all that is needed.

As for the CHL, you are correct - DPS's current interpretation is that non-immigrant aliens are not eligible.
by ghostrider
Mon Oct 05, 2009 11:09 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

>You have to leave the US and apply from the country of your citizenship in order to change your
>status to an immigrant.



Not to stray from the original question, but it depends on what non-immigrant status or visa you entered the US on. On some types of work visas it is perfectly legal (and expected) to apply for immigrant status while still in the US.
by ghostrider
Mon Oct 05, 2009 10:53 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

There's a good summary here:

http://www.vrolyk.org/guns/alien-laws.html" onclick="window.open(this.href);return false;

More info here:
http://www.atf.gov/firearms/form6nia/faqs.htm" onclick="window.open(this.href);return false;
by ghostrider
Sun Oct 04, 2009 10:41 pm
Forum: General Texas CHL Discussion
Topic: CHL for Legal Resident Alien ? (non-immigrant visa)
Replies: 30
Views: 10423

Re: CHL for Legal Resident Alien ? (non-immigrant visa)

We need to make this a sticky; it seems to come up periodically.

I am not a lawyer or LEO, so take this with a grain of salt.

My interpretation of DPS rules is (the last time I looked) that they are inconsistent with Federal law. Basically, DPS says you must have a green card (Permanent Resident) to be eligible for a TX CHL based on Federal requirements to purchase a handgun.

However, Federal rules (confirmed with an ATF memo several years ago) is that non-resident aliens (ie. those with a work visa, not a green card) are not eligible to purchase/possess firearms and ammunition except under certain circumstances such as the possession of a valid State hunting license.

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