non immigrant visitor firearm's access

Discussion in 'GA Laws and Politics' started by Scott1981, Jan 13, 2021.

  1. Scott1981

    Scott1981 New Member

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    Hello All
    Thanks for having me I'm looking forward to being part of this forum

    I am currently a visitor to the USA from New Zealand on a visa waiver, visiting my fiancée, eventually i will be a resident but its a slow process.
    There are pistols in the house and some personal issues with teenagers associates that may require the use of them. I am trying to find guidance online about my ability to defend my family and their property but haven't found much more than the ATF saying " im not prohibited to acquire or possess firearms"
    https://www.atf.gov/firearms/qa/doe...earms-and-ammunition-aliens-nonimmigrant-visa
    does anyone have any more detail on what i can do, use or what the legalities are.
     

  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You are not prohibited if here on a visa waiver, so that FAQ is correct (as you might expect). As far as state law, there is also no prohibition. The statute on applying for a Georgia Weapons Carry License states:

    An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y).
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    There is also an extra background check, but that is for them, not you.

    When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y).
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Of course, 18 USC 922(y) does not apply to you at all, so you really do not need an exception to it (see 922(d)'s prohibition on aliens on nonimmigrant visas and 922(y)'s exceptions, referred to in 922(d). You are not here on a nonimmigrant visa).
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Note that state law says "nonimmigrant status" and federal law refers to a "nonimmigrant visa." Sigh.
     
  6. Scott1981

    Scott1981 New Member

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    Thank you I'm not going to have a problem with the background checks and will start the weapons permit work this week
     
  7. Wegahe

    Wegahe NRA Instructor

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    Citizens of many countries are required to have a special firearm waiver on their visitor status visa. There are some countries that are exceptions to the firearm waiver requirement. New Zealand just happens to be one of them. When you go to purchase a firearm be sure to take all non immigrant documentation.