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by RoyGBiv
Fri May 06, 2022 1:23 pm
Forum: General Texas CHL Discussion
Topic: Resident Alien LTC or owning a gun questions…
Replies: 10
Views: 7595

Re: Resident Alien LTC or owning a gun questions…

Vol Texan wrote: Fri May 06, 2022 9:29 am Here is a well-researched and informative thread on this subject from a few years ago on this site:

/viewtopic.php?p=941074#p941074

Best of luck to your friend in this endeavor.
I KNEW that was around somewhere... Good find. From the WABAC Machine... :thumbs2:

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by RoyGBiv
Fri May 06, 2022 8:07 am
Forum: General Texas CHL Discussion
Topic: Resident Alien LTC or owning a gun questions…
Replies: 10
Views: 7595

Re: Resident Alien LTC or owning a gun questions…

IANAL... This is my OPINION only. Not legal advice.

Is your Japanese friend on an Immigrant or Non-Immigrant visa?

If they are on a non-immigrant visa (I believe this is the case from the info in the OP), then they need to have a valid hunting license to meet the exceptions referenced in the law....

Emphasis mine...
https://www.atf.gov/firearms/qa/may-ali ... e-firearms
May aliens legally in the United States purchase firearms?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]
https://www.law.cornell.edu/uscode/text/18/922
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—

(2) Exceptions.—Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
And finally...

https://tpwd.texas.gov/regulations/outd ... quirements
Texas Resident Licenses

Resident: a person who has lived continuously in Texas for more than six months immediately before buying their license, officially documented members of the Kickapoo Traditional Tribe of Texas or members of the U.S. Armed Forces (and their dependents) on “active duty” anywhere. A person who claims residency in any other state for any purpose and is not an officially-documented member of the Kickapoo Traditional Tribe of Texas or a member of the U.S. Armed Forces (or dependent) on active duty is not a resident.

Proof that a person has lived continuously in Texas for more than six months (any three of the following):

a current Texas homestead property tax statement
the most recent six months of utility bills
the most recent six months of paycheck receipts
the most recent tax return from the Internal Revenue Service
a statement from a parole board or probation officer stating that the person has continuously resided in Texas for the six months immediately preceding the application for a license or permit
a valid Texas driver’s license*
a current Texas voter registration certificate*
a current vehicle registration*

* issued at least six months prior to license or permit application

All documents must reflect the applicant’s name and a physical address in Texas. Except for a valid driver’s license or other state-issued identification card, additional residency documentation is not required at time of purchase or while hunting or fishing.
I think the "Resident" hunting license is required in order to qualify for a transfer in the state of residence..... Not certain about that. Just makes some sense to me...

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