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Weapons and Gear => Class III => Topic started by: Rockwolf66 on September 02, 2015, 02:57:51 pm

Title: NFA and Resident Aliens
Post by: Rockwolf66 on September 02, 2015, 02:57:51 pm
Hey all,

I have a NFA question. You see my dad is a Legal Emigrant and Resident Alien. He collects firearms and wants to get into NFA firearms. I would like to know how his status would affect the purchase of NFA items?
Title: Re: NFA and Resident Aliens
Post by: Outbreak on September 02, 2015, 07:51:35 pm
I had a friend with similar status and I don't believe he could even purchase firearms. He recently became a citizen, though.
Title: Re: NFA and Resident Aliens
Post by: scarville on September 02, 2015, 09:39:31 pm
Good question and I do not know the answer.

There are a few recent court decisions overturning State laws preventing a resident alien from owning a firearms but I doubt that is the end of it.
Title: Re: NFA and Resident Aliens
Post by: Kaso on September 02, 2015, 09:43:18 pm
I had a friend with similar status and I don't believe he could even purchase firearms. He recently became a citizen, though.
Kind of a shame.  We tell people to come here legally - don't sneak in - and put up with the bureaucracy that is the INS.  We make them fill out the forms, jump through a s___ ton of hoops, and wait  for years, and then when they finally achieve residency, they can't own firearms?  That is not right. 

There should be provisions in place to allow anyone who has been treated to a NICS-level background check from their home country to qualify for firearm ownership.

I have mentioned before, I strongly believe that the future of our 2nd Amendment battle will be determined by how effective we are at including non-traditional groups, including Latino immigrants*, among others, into our ranks.  The best way to start, is to make sure those who follow our other rules get to reap the benefits of living in a free country.


*I am not suggesting that any of the aforementioned immigrants are or are not Latinos, simply making a point that includes them specifically.



Kaso
Title: Re: NFA and Resident Aliens
Post by: Rockwolf66 on September 03, 2015, 04:48:33 am
Well My dad has legally purchased firearms for years. I'm looking at the FBI NICS tip sheets and he is allowed to own a firearm as a Lawful Permanent resident.

https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/ffl-tip-sheet-for-non-u.s.-citizens-purchasing-firearms-1 (https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/ffl-tip-sheet-for-non-u.s.-citizens-purchasing-firearms-1)

The question becomes how does this status affect NFA purchases?
Title: Re: NFA and Resident Aliens
Post by: Thernlund on September 03, 2015, 05:32:12 am
I had a friend with similar status and I don't believe he could even purchase firearms. He recently became a citizen, though.

My wife is a Resident Alien.  She has bought firearms before.  The real trick is finding a gun shop that'll do it.  Most are either misinformed on the subject, or cowed by the ATF.


The question becomes how does this status affect NFA purchases?

There's nothing in the law preventing a legal resident alien from purchasing NFA items.  In this regard, the same laws governing a normal handgun purchase also govern an NFA purchase.  If he can legally buy a handgun, he can legally buy an NAF weapon.


-T.
Title: Re: NFA and Resident Aliens
Post by: Kaso on September 03, 2015, 09:08:57 am
The real trick is finding a gun shop that'll do it.  Most are either misinformed on the subject, or cowed by the ATF.
If it is legal, what skin does the ATF have in it?  Do they actually threaten, or just spread more misinformation?



Kaso
Title: Re: NFA and Resident Aliens
Post by: StevenTing on September 03, 2015, 01:30:03 pm

There's nothing in the law preventing a legal resident alien from purchasing NFA items.  In this regard, the same laws governing a normal handgun purchase also govern an NFA purchase.  If he can legally buy a handgun, he can legally buy an NAF weapon.


-T.

This is the heart of the matter.  If you are not restricted from owning a firearm, you can purchase.  I believe this is the relevant code.

https://www.law.cornell.edu/uscode/text/18/922

US Code 922(d)  As quoted below.

Quote
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) ofsection 925 of this chapter.
Title: Re: NFA and Resident Aliens
Post by: Thernlund on September 11, 2015, 10:48:30 pm
If it is legal, what skin does the ATF have in it?  Do they actually threaten, or just spread more misinformation?

The ATF doesn't have a skin in it.  What they do do though is scrutinize paperwork on a regular basis.  Add to that the details of Fast & Furious and, well, FFLs are scared they'll make a misstep in the sale.  It's silly, but a lot of FFLs think the risk is too much.

Totally legal though.


-T.