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

[Carrots]

You have probably figured this out by now but either you are an Immigrant / Permanent resident / "Green card" holder or you are a "Non-immigrant alien - ... persons travelling 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".

If you are here on a "non immigrant work visa" then you are probably classed as a "non immigrant alien."
By my reading you are not what you term as a 'legal resident alien."

Immigrant / Permanent resident / "Green card" holder = Good to go.

Non-immigrant alien -= No guns (except if you have a hunting licence to show the FFL & the "other" bits as noted below or you buy privately FTF)
= No CHL

When I applied for my CHL DPS required a copy of my Green Card.

And yes it is possible to convert some types of visas once in the US via a 1-485 form. By converting you visa you can become a Immigrant / Permanent resident / "Green card" holder. Some visas can be converted whilst you are here and some cannot.

[ghostrider]

>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.

[Beiruty]

Let me make a short summary:
DPS has state-level requirements that needs to fulfilled and none requires citizenship or legal residence. However, CHL to be granted and/or Acquiring a firearm has to satisfy Federal-level requirements.
1) A US Citizen or A Permanent Resident may be qualified if there no barring disqualification at federal level.
2) A temp worker VISA, such as TN-1 status ( Mexico or Canada Citizen working in US under NAFTA rules), H1 VISA, etc are not eligible to buy or acquire firearms (Federal requirement) and for CHL purposes are disqualified.
3) US Visitors, with or without VISA (e.g., Canada, Mexico) a are not eligible to buy or acquire firearms (Federal requirement) and for CHL purposes are disqualified. An exception, if an export and/or hunting license permit is granted and firearms would be exported.

4) Illegals residents are outright banned from acquiring firearms.

Now, there is gray area, when a person in the process of getting his permanent resident card, "green card". Usually, once a person file AND gets his labor certification, he/she concurrently applies for I-140-petition and I-485 change of status to permanent resident. BCIS (used to be called INS) would respond with Alien Identification Number and letter printed on paper that looks like a letter-size dollar bill :)
While waiting under I-485 status, the applicant can get Employment Authorization Document (EAD) that looks like the green card, but is not the same. It has the Alien ID Number. The question, can I-485 status holder satisfy the Federal Requirement to acquire firearms and be eligible for CHL? Similarly, for those who came to US under immigration based visa, are they eligible under federal law)

Also, the I-485 status holder is barred from leaving the US unless he applies for the advance parole for travel papers. Those, papers would entitle the status holder to come back to US after short leave from US.

I recommend any question related to immigration/VISA status and firearms to discussed with Federal Agency that handles check and clearing the acquisition of firearms.

[ghostrider]

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.

[Carrots]

Thank you Mr Ghostrider I have updated my post so that it now should read correctly. I am delighted to have left all of this nonsense in the past

[Beiruty]

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.

True, however, hunting permit/license would not clear the applicant for CHL. Also, are handguns permitted under a hunting license?

[ghostrider]

>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.

[ghostrider]

>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.

[ScottDLS]

Let me make a short summary:...
2) A temp worker VISA, such as TN-1 status ( Mexico or Canada Citizen working in US under NAFTA rules), H1 VISA, etc are not eligible to buy or acquire firearms (Federal requirement) and for CHL purposes are disqualified.
...

Wrong on number 2 as non-immigrant aliens are eligible to purchase firearms under certain circumstances... including having a valid hunting license, participating in a competition, etc. The ATF 4473 form even has a line for non-immigrant aliens. And no restriction is placed on the "type" of firearm, including handguns. The long and the short of it seems to be that DPS is claiming (incorrectly) that non-immigrant aliens are barred by federal law from purchasing handguns, so they won't issue a CHL.

[Beiruty]

DPS will justifiably claim that a US non-immigrant visitor/worker may legally acquire firearms for sporting purposes but not for personal-protection purposes which is the intent of CHLer. Then, no CHL is granted.

Working around the rules is exactly what it is.

A Non-immigrant resident Person may claim that his hunter and/or competitive shooter, acquire a firearm for the sporting purposes and then keep it at his home/car for personal protection purposes. In this case, he is just using an exception to work around the rules.

Now better be 100% sure that said person has a valid hunting permit, shooting club membership as backup for his claim whenever questioned by LEO.

[ScottDLS]

DPS will justifiably claim that a US non-immigrant visitor/worker may legally acquire firearms for sporting purposes but not for personal-protection purposes which is the intent of CHLer. Then, no CHL is granted.

Working around the rules is exactly what it is.

A Non-immigrant resident Person may claim that his hunter and/or competitive shooter, acquire a firearm for the sporting purposes and then keep it at his home/car for personal protection purposes. In this case, he is just using an exception to work around the rules.

Now better be 100% sure that said person has a valid hunting permit, shooting club membership as backup for his claim whenever questioned by LEO.

Texas LEO's generally don't spend their time enforcing Federal Firearms Regulations. Even if they did...the ATF regs read as such:

From the ATF regulation:
...
THIS PROHIBITION APPLIES UNLESS:
1. You establish that you:
❖ For handguns: Have resided in the State
where you are buying the handgun for 90 days
AND intend to make a home in that State.
❖ For long guns: Have resided in a State for
90 days and intend to make a home in that
State – it does NOT have to be the State
where the long gun purchase is occurring.
NOTE: Most foreign dignitaries and members
of their entourages WILL NOT be able to meet
the 90-day residency requirement.
AND
2. You establish that you:
...
❖ Were admitted to the United States for
lawful hunting or sporting purposes or are
in possession of a valid hunting license
or permit lawfully issued in the United
States.
If you meet these two criteria, you are eligible to purchase
a firearm from an FFL to possess in the United
States. However, you MAY NOT take the firearm with
you when you leave the United States unless:
...

Nowhere does it say the firearm has to be suitable or used for hunting or other sporting purpose. There are no rules being worked around. If a non-immigrant alien meets the criteria then he may legally purchase and possess a handgun under federal law.

[Dudley]

Those rules are for purchasing not possessing.

[ScottDLS]

Those rules are for purchasing not possessing.

I was trying to avoid posting the whole reg, but the relevant paragraph before the one in my original post is:

❖ A nonimmigrant alien generally MAY NOT purchase
a firearm from an FFL and take possession
of the firearm in the United States. If you violate
this prohibition, you could receive a maximum of
5 or 10 years of imprisonment, depending on the
violation.
THIS PROHIBITION APPLIES UNLESS:
...conditions set out in my previous post...

If he meets the conditions (e.g. having a state hunting license, etc.) the non-immigrant alien may purchase a firearm from an FFL and take possession of it in the United States. Anyway if you want to read the whole ATF pamphlet, I found it here:
http://www.nafr.org/PDF/p5300_18.pdf

[boomerang]

Taking possession from an FFL is completely different from having a gun in one's possession.

As a Texas resident, I can't take possession of a handgun from an FFL in Oklahoma, but I can have a handgun in my possession in Oklahoma. I can even carry it concealed thanks to reciprocity.

[ScottDLS]

Taking possession from an FFL is completely different from having a gun in one's possession.

As a Texas resident, I can't take possession of a handgun from an FFL in Oklahoma, but I can have a handgun in my possession in Oklahoma. I can even carry it concealed thanks to reciprocity.

Right, but a Texas resident who is non-immigrant alien w/ a hunting license, and resides in TX for 90+ days can take possession (i.e. buy) a handgun from an FFL in Texas (part of the United States). This is legal. The taking possession and the possession. The buying is only legal in Texas, even for US citizens who are Texas residents. But the continuing possession in the United States is not prohibited by federal law.