[ZTC]

I have a family member who is a legal "Permanent Resident" of the US but isn't a US citizen. So I was wondering what the laws are pertaining to a legal permanent resident owning a firearm? Also this person is married to one of my direct keen who owns and carries guns but that person is a natural born citizen. Any help would be great! Thanks

 

[gunsmoker]

I think a lawful permanent resident (AKA: holder of a "green card") can possess firearms. But I don't recall where I read that and I don't have a citation to any law or article from a respected source.
So keep looking until you confirm that; don't take my word on it just yet.
Also, legal immigrants with less than a green card may still be able to have a firearm for hunting, if they have a hunting license.

 

[Xiclotl]

I was told you would have to produce a lease agreement or bring in 90 worth of gas/power/water bills with your address in order to purchase a gun. Something to prove you've put down roots.

 

[ZTC]

This person has lived here for 20yrs and they've been married about 10. The person in question is a women and isn't going to buy one because she's not really into guns but her husband (US Citizen) is getting into guns and wants to know what the legality is of having guns around her? In the home, and car mainly and about a gun staying in her car when he's not in it with her. He's came to me for help so I've came to y'all.

 

[gunsmoker]

From BATF's Frequently Asked Questions section:

http://www.atf.gov/firearms/faq/nonimmigrant-aliens.html#leave-firearm-family

NOTE: Most of this stuff applies to "nonimmigrant" aliens. But Green Card holders or LPR's are "immigrants."
See Question #7 for green card holders.

 

[gunsmoker]

Here's a cut-and-paste of Question 7:
**********************************************************************

Q: I have a “green card†and have lived in Texas for several years. Am I prohibited from purchasing firearms and ammunition from an FFL in Texas?

A: As long as you are not otherwise prohibited from purchasing or possessing firearms and ammunition (for example, a felon), Federal law does not prohibit you from purchasing or possessing firearms or ammunition.
However, you will need to put your alien number or admission number on the ATF Form 4473 (5300.9)
and provide the FFL with documentation establishing you have resided in Texas for more than 90 consecutive days preceding the transaction.
Moreover, you must make sure there are no State or local restrictions on such a purchase.

***************************************************************

NOTE: The part I made bold above is the key part that applies to "possessing" guns that were NOT acquired from an FFL dealer.
Such as joint possession of a spouse's or room-mate's guns.

***************************************************************
If the person in question were not allowed to possess firearms under federal law, then you'd have a different issue.
You'd need to look up the legal definitions of "actual possession" versus "constructive possession" and think about whether the prohibited person has access to the guns coupled with the intent to exercise dominion and control over them.

 

[ookoshi]

Permanent residents generally have the same rights as far as owning firearms are concerned. Federal law does not make any realistic distinction between citizens and green card holders, and neither do most state laws (I can't think of any off the top of my head). There will be some forms where you will have to fill out your alien number (the 4473, the GWL applcation), but generally speaking there's no difference.

Non-immigrant aliens who are residents in Georgia have the same rights here as well, except they have a hunter's course requirement to meet the 18 USC 922 requirement. I'm assuming not all states will issue to non-immigrant aliens though.

 

[GAGunOwner]

They can buy a gun from a FFL and they can obtain a GWL.

 

[175FO]

I have sold firearms to several "permanent residents" including citizens of Canada, the U.K., Austria, and China. So yes as long as they have the permanent resident card they can purchase a firearm. They must present evidence that they have been a U.S. Resident for more than 90 days, so bring the green card and a bill, lease etc... establishing that. My experience has been that most non-U.S. citizens will be delayed when the background check is processed, however NICS usually calls back with a proceed within 24 hours, barring any legal/criminal issues.

 

[bigboy219]

My wife who at the time was a green card holder "permanent Resident", bought at least 2 firearms. One was a hunting rifle the other a 9mm pistol, she didn't even have to bring any proof of residency. I keep one of my guns in her vehicle at all times, but it is not concealed. Now that she has obtained her citizenship she is applying for her GWL

 

[GAGunOwner]

Now that she has obtained her citizenship she is applying for her GWL

You don't have to be a citizen to obtain a GWL. I hope she didn't wait to apply just for that.

 

[ookoshi]

I have sold firearms to several "permanent residents" including citizens of Canada, the U.K., Austria, and China. So yes as long as they have the permanent resident card they can purchase a firearm. They must present evidence that they have been a U.S. Resident for more than 90 days, so bring the green card and a bill, lease etc... establishing that. My experience has been that most non-U.S. citizens will be delayed when the background check is processed, however NICS usually calls back with a proceed within 24 hours, barring any legal/criminal issues.

Non-permanent residents can also buy a firearm if they have proof of legal status and a hunting license.

 

[GAGunOwner]

I believe that PRAs can obtain NFA devices as well.

 

[Tnkr19blue2]

Permanent residents generally have the same rights as far as owning firearms are concerned. Federal law does not make any realistic distinction between citizens and green card holders, and neither do most state laws (I can't think of any off the top of my head). There will be some forms where you will have to fill out your alien number (the 4473, the GWL applcation), but generally speaking there's no difference.

Non-immigrant aliens who are residents in Georgia have the same rights here as well, except they have a hunter's course requirement to meet the 18 USC 922 requirement. I'm assuming not all states will issue to non-immigrant aliens though.

What about a legal resident who is stationed active duty in GA. Has been here more than 90 days on orders and wants to purchase a handgun.

 

[Enfield1C]

Speaking as a Permanent Resident Alien, yes, you enjoy all the rights of a Naturalized Citizen.

On a federal level, when purchasing a firearm, I have to provide my A# (My 'Green Card' ID) but aside from that, it's the same as an American Citizen completing a 4473. I can, and have purchased NFA items. Without an A# (and hence, that "permanent" status) I don't think the ATF will process the 4473

At the state level, an Alien may be required to provide more evidence that indicates that your residence here really is permanent (and that'll vary state by state) but in Connecticut and Pennsylvania, beyond a utility bill, everything was the same.

I guess it's possible that the background check may be a little more extensive, but I've never had to provide other documentation.

 

[jrm]

I don't think the ATF will process the 4473

Minor point, but the FBI runs NICS. The FFL "processes" the 4473. The ATF only gets involved if there are violations.

 

[Enfield1C]

Minor point, but the FBI runs NICS. The FFL "processes" the 4473. The ATF only gets involved if there are violations.

Good point .

 

[seajay]

What about a legal resident who is stationed active duty in GA. Has been here more than 90 days on orders and wants to purchase a handgun.

If you are here under military orders then you are able to purchase firearms in GA. The same applies to any other state you are stationed in. Keeping in mind some states have extra requirements such as the FOID card in NJ. Be sure to take your orders when you go to purchase. There is o minimum length of time for being stationed here. Orders are orders.

 

[Malum Prohibitum]

Selling Guns To Military Members | Military Identification |Dual State Residency - Firearms Licensing And Consulting Group, LLC

Special Identification Requirements | Selling Firearms To Active Duty Military For those FFLs who don’t regularly conduct gun sales to military members on active duty, the finer points of alternate identification and dual state residency may be a foreign concept

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