Page 1 of 2

Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 7:23 pm
by AustinBoy
Ok, I have searched for hours and read a TON of conflicting information.

All I am trying to determine is if a friend of mine can his TX CHL.

Here is what I know as fact:
He is here on an EAD. Employment Authorization Document.
He can and has purchased a handgun legally.
- Passport
-3 months of bills
-TX hunting license
-3 day wait for background check

So he has legally purchased a handgun in TX.
Can he now get a CHL?

I am hoping to hear from an instructor who has had a student get one or someone who personally has one.

In my search, I have seen the law quoted and interpreted in about 30 different ways. That is why I am hoping to find someone who actually HAS a CHL.

Any help is appreciated.

Thanks!
AB

Re: Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 7:29 pm
by EKO
Only legal residents. If they have a green card (Temporary or permanant) they can get a CHL. I researched prior to my wife becoming a citizen


edited: The EAD is the precurser to the Green Card. EAD takes about 3 months unless their passport/visa was stamped with authorization to work or by the nature of the visa.The greencard takes about 6 months.

Re: Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 7:33 pm
by AustinBoy
So he can buy a handgun but cant get a CHL.

Kinda crazy.

Thanks though!

Re: Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 7:47 pm
by EKO
sounds to me that he is on the way to getting the greencard.

Re: Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 7:51 pm
by AustinBoy
Correct.
But he estimates it will take another 2-3 years.

AB

Re: Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 8:20 pm
by EKO
http://www.txdps.state.tx.us/InternetFo ... CHL-40.pdf

I am not sure what kind of visa he is under, but sounds to me that he is waiting for his Temporary Green Card (2 Year).

my thinking is he has come over on a non-immigrant visa and is in the middle of adjusting status.

Re: Non-Immigrant Texas CHL

Posted: Sun Aug 26, 2012 8:32 pm
by Richardc

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 3:09 am
by Zoti
Don't get the visa and green card processes confused.

If he came to the US on a work visa as the main holder he doesn't need an EAD.
If he came as the spouse of someone who has work visa such as E1 or L1-A/B then he can apply for an EAD.
If he is in the process of getting his GC then part of that process is getting an EAD under the new status.

It really depends on where he is standing as far as his immigrant status.

A non-resident alien can buy a gun but no CHL. A resident can do both.

BTW, you don't need three months of bills anymore. The GC and your CHL are enough.

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 8:05 am
by Skydivesnake
Passport, I-94, hunting licence, clean NICS check. There was an additional requirement which was to have been physically present in the US, with no exits and re-entries, for 90 continuous days prior to the CHL application - not sure if that is still required. Alot of folks confused this with the utility bills requirement (which has now been dropped) but I know that the FBI pinged immigration during the NICS check on that as they came back with a query, which I resolved.

That's what I needed when I got a CHL under an E2 visa several years back.

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 5:46 pm
by AustinBoy
And this is why it gets confusing.

Zoti:
A non-resident alien can buy a gun but no CHL

Skydivesnake:
That's what I needed when I got a CHL under an E2 visa several years back.

So Skydivesnake, you are saying that you are a non-resident alien, here on a Visa, and got your TX CHL?

Thanks
AB

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 6:42 pm
by EKO

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 6:50 pm
by AustinBoy
EKO,
Right. I believe that is what he did to purchase the handgun.

Does the same process apply to obtaining a CHL?

Thanks
AB

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 7:12 pm
by Hoosier Daddy
The form name is CHL-40.

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 7:13 pm
by AustinBoy
Good grief.

Thanks Hoosier.

Re: Non-Immigrant Texas CHL

Posted: Mon Aug 27, 2012 10:15 pm
by Skydivesnake
AustinBoy wrote:EKO,
Right. I believe that is what he did to purchase the handgun.

Does the same process apply to obtaining a CHL?

Thanks
AB
To the best of my memory, yes.