Guidance from FFL's in the know !

[mikey1969]

gentlemen , first let me explain my dilemma . I am a non immigrant alien with a visa that can purchase firearms with some additional documents such as hunting license , proof of 90 day residence , TX DL & copy of I-94 card . problem has been that even if i have resided in TX for years ...... a business trip or vacation resets the clock on the 1-94 card and invalidates the 90 day requirement.

The AFT from monday has rescinded the 90 days resident rule for non immigrant aliens (with visa) and permanent residents ........ i called the NISC customer services and they told me that the deletion of 90 days residency proof also solves the problem of I-94 issue date meaning that a trip out the country will have no bearing on the decision to get a proceed from NISC during the background check. I local gunshop today told me the opposite (I-94 still needs to be 90 days) and were not willing to clarify this with NISC as i had done........... After all its NISC that interpret the ATF requirements and say yes or no !!!

I would like to know what the FFL position is on the new ruling ?

[Beiruty]

find another seller, FFL. Let him work with the Feds for clearance. Remember , in your case, the intent of squiring firearms is hunting and/or sporting purposes.

[PBratton]

Starting Monday the 9th, the new forms, that the FFLs are required to use will have no reference to the 90 requirement at all.

[mikey1969]

Starting Monday the 9th, the new forms, that the FFLs are required to use will have no reference to the 90 requirement at all.

Thanks PBratton ...... i have seen the new form online and your right it has deleted the 90 day residence rule .... problem in the past was that during the NICS check they would check with immigration and if the number was less than 90 days old (due to travel etc ...) they would decline the application even if the 90days utility bills were in order (and all other documents for that matter) . AFT in their judgement deemed a vacation or business trip to be a break in residency ...... now they haves the rule it should be more straight forward from now.

[Salty1]

Just got an e-mail from the ATF, I pasted in below the FAQ's, hope this answers some of your questions.........

QUESTIONS AND ANSWERS - REVISED ATF F4473 (APRIL 2012 EDITION)
Q1. Who is a nonimmigrant alien?
A1. Generally, “nonimmigrant aliens” are tourists, students, business travelers, and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents. In order to meet the definition of a nonimmigrant alien, the individual MUST hold a nonimmigrant visa. The definition does NOT include permanent resident aliens, aliens legally admitted to the U.S. with a visa other than a nonimmigrant visa, or aliens legally admitted to the U.S. without a visa.

Q2. How does the reinterpretation of the Gun Control Act’s firearms disabilities for certain nonimmigrant aliens impact nonimmigrant aliens?
A2. There is no change with respect to nonimmigrant aliens who were admitted under a nonimmigrant visa. The interpretation of the Gun Control Act affects aliens who are lawfully in the United States without a nonimmigrant visa.
Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, provided that they meet State of residency requirements and are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms.

Q3. May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant alien visa purchase or possess a firearm in the U.S.?
A3. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions: (1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the Attorney General of the United States; (4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; (5) is en route to or from another country to which that alien is accredited; (6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant
visa may lawfully acquire a firearm only if he/she meets State of residence requirements as
required by the Federal government. For more information, see ATF Ruling 2010-6 at:
http://www.atf.gov/regulations-rulings/ ... 2010-6.pdf" onclick="window.open(this.href);return false;.

Q4. If I’m a nonimmigrant alien legally in the United States with a nonimmigrant visa, what
documentation must I provide to the Federal firearms licensee (FFL) prior to acquiring a
firearm?
A4. It is unlawful for a FFL to sell or deliver any firearm to any nonlicensee who the licensee
knows or has reasonable cause to believe does not reside in the State in which the licensee’s
place of business is located. Exceptions are provided for over-the-counter transfers of a rifle or
shotgun to out-of-State residents if the transfers fully comply with the State laws of the buyer
and seller, and for loans and rentals of a firearm for temporary use for lawful sporting purposes.
To acquire a firearm, you must demonstrate the intention of making a home in a particular State.
The intention of making a home in a State must be demonstrated to a Federal firearms licensee
by presenting valid government issued identification documents indicating an address in the state
in which the licensee’s place of business is located. Such documents include, but are not limited
to, driver’s licenses, voter registration, tax records, or vehicle registration. For more
information, see ATF Ruling 2001-5 available at: http://atf.gov/regulations-rulings/rulings/atfrulings/" onclick="window.open(this.href);return false;
atf-ruling-2001-5.html.
In addition, you must also demonstrate that you fall within one of the exceptions outlined in 18
U.S.C. 922(y)(2). (Refer to Question #3 above).

Q5. I’m a nonimmigrant alien lawfully present in the United States without a visa. May I
purchase or possess a firearm in the United States?
A5. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g.
Visa Waiver Program), may acquire or possess a firearm in the United States, provided that he or
she is not prohibited from shipping, transporting, receiving, or possessing firearms or
ammunition in the U.S.
In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant
visa may lawfully acquire a firearm only if he/she meets State of residence requirements as
required by the Federal government. For more information, see ATF Ruling 2010-6 at:
http://www.atf.gov/regulations-rulings/ ... 2010-6.pdf" onclick="window.open(this.href);return false;.
These requirements are irrespective of the licensed status of the individual from whom the alien
is purchasing the firearm. An unlicensed individual is prohibited from selling a firearm to an
out-of-State resident. A Federal firearms licensee (FFL) is prohibited, with few exceptions, from
transferring a firearm to an out-of-State resident.

Q6. What is the Visa Waiver Program?
A6. The Visa Waiver Program enables nationals from participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Participating countries can be found at the Department of State website available at: http://travel.state.gov/visa/temp/witho ... _1990.html" onclick="window.open(this.href);return false;.

Q7. Does a nonimmigrant alien lawfully present in the United States with or without a visa have to comply with the 90 day residency requirement?
A7. No. The 90 day residency requirement is no longer in effect. However, a nonimmigrant alien who is lawfully present in the United States must comply with State of residence requirements as required by the Federal government. For more information, see ATF Ruling 2010-6 at: http://www.atf.gov/regulations-rulings/ ... 2010-6.pdf" onclick="window.open(this.href);return false;.

Q8. I Answered Item 10.a on the ATF Form 4473. Do I have to answer 10.b. as well?
A8. Yes. You must select at least one race in item 10.b. regardless of ethnicity designation selected in item 10.a. Both items must be answered. Ethnicity and race are further defined below:
Ethnicity – This refers to a person’s heritage. Persons of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race, are considered Hispanic or Latino. Any other ethnicity that does not fall within those indicated, please select the closest representation.
Race – More than one response may be selected. o American Indian or Alaska Native - A person having origins in any of the original peoples of North and South America (including Central America), and who maintains a tribal affiliation or community attachment. o Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. o Black or African American - A person having origins in any of the Black racial groups of Africa. o Native Hawaiian or Other Pacific Islander - A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. o White - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

[mikey1969]

Just got an e-mail from the ATF, I pasted in below the FAQ's, hope this answers some of your questions.........

QUESTIONS AND ANSWERS - REVISED ATF F4473 (APRIL 2012 EDITION)
Q1. Who is a nonimmigrant alien?
A1. Generally, “nonimmigrant aliens” are tourists, students, business travelers, and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents. In order to meet the definition of a nonimmigrant alien, the individual MUST hold a nonimmigrant visa. The definition does NOT include permanent resident aliens, aliens legally admitted to the U.S. with a visa other than a nonimmigrant visa, or aliens legally admitted to the U.S. without a visa.

Q2. How does the reinterpretation of the Gun Control Act’s firearms disabilities for certain nonimmigrant aliens impact nonimmigrant aliens?
A2. There is no change with respect to nonimmigrant aliens who were admitted under a nonimmigrant visa. The interpretation of the Gun Control Act affects aliens who are lawfully in the United States without a nonimmigrant visa.
Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, provided that they meet State of residency requirements and are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms.

Q3. May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant alien visa purchase or possess a firearm in the U.S.?
A3. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions: (1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the Attorney General of the United States; (4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; (5) is en route to or from another country to which that alien is accredited; (6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant
visa may lawfully acquire a firearm only if he/she meets State of residence requirements as
required by the Federal government. For more information, see ATF Ruling 2010-6 at:
http://www.atf.gov/regulations-rulings/ ... 2010-6.pdf" onclick="window.open(this.href);return false;.

Q4. If I’m a nonimmigrant alien legally in the United States with a nonimmigrant visa, what
documentation must I provide to the Federal firearms licensee (FFL) prior to acquiring a
firearm?
A4. It is unlawful for a FFL to sell or deliver any firearm to any nonlicensee who the licensee
knows or has reasonable cause to believe does not reside in the State in which the licensee’s
place of business is located. Exceptions are provided for over-the-counter transfers of a rifle or
shotgun to out-of-State residents if the transfers fully comply with the State laws of the buyer
and seller, and for loans and rentals of a firearm for temporary use for lawful sporting purposes.
To acquire a firearm, you must demonstrate the intention of making a home in a particular State.
The intention of making a home in a State must be demonstrated to a Federal firearms licensee
by presenting valid government issued identification documents indicating an address in the state
in which the licensee’s place of business is located. Such documents include, but are not limited
to, driver’s licenses, voter registration, tax records, or vehicle registration. For more
information, see ATF Ruling 2001-5 available at: http://atf.gov/regulations-rulings/rulings/atfrulings/" onclick="window.open(this.href);return false;
atf-ruling-2001-5.html.
In addition, you must also demonstrate that you fall within one of the exceptions outlined in 18
U.S.C. 922(y)(2). (Refer to Question #3 above).

Q5. I’m a nonimmigrant alien lawfully present in the United States without a visa. May I
purchase or possess a firearm in the United States?
A5. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g.
Visa Waiver Program), may acquire or possess a firearm in the United States, provided that he or
she is not prohibited from shipping, transporting, receiving, or possessing firearms or
ammunition in the U.S.
In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant
visa may lawfully acquire a firearm only if he/she meets State of residence requirements as
required by the Federal government. For more information, see ATF Ruling 2010-6 at:
http://www.atf.gov/regulations-rulings/ ... 2010-6.pdf" onclick="window.open(this.href);return false;.
These requirements are irrespective of the licensed status of the individual from whom the alien
is purchasing the firearm. An unlicensed individual is prohibited from selling a firearm to an
out-of-State resident. A Federal firearms licensee (FFL) is prohibited, with few exceptions, from
transferring a firearm to an out-of-State resident.

Q6. What is the Visa Waiver Program?
A6. The Visa Waiver Program enables nationals from participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Participating countries can be found at the Department of State website available at: http://travel.state.gov/visa/temp/witho ... _1990.html" onclick="window.open(this.href);return false;.

Q7. Does a nonimmigrant alien lawfully present in the United States with or without a visa have to comply with the 90 day residency requirement?
A7. No. The 90 day residency requirement is no longer in effect. However, a nonimmigrant alien who is lawfully present in the United States must comply with State of residence requirements as required by the Federal government. For more information, see ATF Ruling 2010-6 at: http://www.atf.gov/regulations-rulings/ ... 2010-6.pdf" onclick="window.open(this.href);return false;.

Q8. I Answered Item 10.a on the ATF Form 4473. Do I have to answer 10.b. as well?
A8. Yes. You must select at least one race in item 10.b. regardless of ethnicity designation selected in item 10.a. Both items must be answered. Ethnicity and race are further defined below:
Ethnicity – This refers to a person’s heritage. Persons of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race, are considered Hispanic or Latino. Any other ethnicity that does not fall within those indicated, please select the closest representation.
Race – More than one response may be selected. o American Indian or Alaska Native - A person having origins in any of the original peoples of North and South America (including Central America), and who maintains a tribal affiliation or community attachment. o Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. o Black or African American - A person having origins in any of the Black racial groups of Africa. o Native Hawaiian or Other Pacific Islander - A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. o White - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Thanks ...... in fact i recieved the same mail today ..... my focus is on Q7
"Q7. Does a nonimmigrant alien lawfully present in the United States with or without a visa have to comply with the 90 day residency requirement?
A7. No. The 90 day residency requirement is no longer in effect. However, a nonimmigrant alien who is lawfully present in the United States must comply with State of residence requirements as required by the Federal government. For more information, see ATF Ruling 2010-6 at: http://www.atf.gov/regulations-rulings/" onclick="window.open(this.href);return false; ... 2010-6.pdf.
"

My understaning is that removal of the 90 day residence requirements ALSO removes the requirement for the I-94 card to be also 90 days ....... in fact i have just called the ATF and they confirmed that my understanding is 100% correct. The 90 day residence is no longer applicable .............. anyway by extension ... any non immigrant alien having a DL (which is required) had to wait 90 days for obtaining it ..... hence meeting federal state requirements for residency.

[RHenriksen]

This is all new territory to me! I introduced a young friend (foreign college student) to shooting last weekend; she's keen to acquire her own pistol & a CHL ASAP. She's in the US on an F1 VISA for her education. As far as I can puzzle through the legalese, that makes her a non-immigrant alien, right? So before she could purchase a firearm through an FFL, she'd have to get a... hunting license? Seems silly for a 23 year old college student who just wants to defend herself :-/

I'm still trying to get my head around the Texas CHL eligibility issue - whether she'd be able to get a CHL.

[mrvmax]

This is all new territory to me! I introduced a young friend (foreign college student) to shooting last weekend; she's keen to acquire her own pistol & a CHL ASAP. She's in the US on an F1 VISA for her education. As far as I can puzzle through the legalese, that makes her a non-immigrant alien, right? So before she could purchase a firearm through an FFL, she'd have to get a... hunting license? Seems silly for a 23 year old college student who just wants to defend herself :-/

I'm still trying to get my head around the Texas CHL eligibility issue - whether she'd be able to get a CHL.

Resident Alien just shows their ID card and enters their number on question 15 (not your friend). Nonimmigrant's must meet an exception, the hunting license is the exception. Send me an e-mail when you/she is ready, I'll get you lined out.

[mikey1969]

This is all new territory to me! I introduced a young friend (foreign college student) to shooting last weekend; she's keen to acquire her own pistol & a CHL ASAP. She's in the US on an F1 VISA for her education. As far as I can puzzle through the legalese, that makes her a non-immigrant alien, right? So before she could purchase a firearm through an FFL, she'd have to get a... hunting license? Seems silly for a 23 year old college student who just wants to defend herself :-/

I'm still trying to get my head around the Texas CHL eligibility issue - whether she'd be able to get a CHL.

Resident Alien just shows their ID card and enters their number on question 15 (not your friend). Nonimmigrant's must meet an exception, the hunting license is the exception. Send me an e-mail when you/she is ready, I'll get you lined out.

mrvmax is right ..... the key is the non immigrant status .... i have a L1 visa and as long as F1 qualifies as non immigrant then she should be ok . She will need to obtain a TX DL which satisfies the federal resident requirements ....... after which she can obtain a hunting license from most sports shops .... Academy, Bass Pro shops etc .....25 dollars. Then she should be good to go !. She will also need her i-94 entry card as this number needs to be provided for both gun purchase and CHL

The DPS does allow non immigrant aliens to have CHL's (I have one)

[RHenriksen]

Excellent, thanks. Didn't realize the hunting license was so quick & easy to get. No extra class/training required?

[mikey1969]

Excellent, thanks. Didn't realize the hunting license was so quick & easy to get. No extra class/training required?

The first priority should be the TX driving licence, because she needs it to obtain a hunting licence ......if you need any more info myself and the good people of this forum can always help

[RHenriksen]

Thanks, the TXDL she already has. Good thing she has an SSN; I see it's required for a hunting license these days.

[mikey1969]

Thanks, the TXDL she already has. Good thing she has an SSN; I see it's required for a hunting license these days.

seems she is good to go ..... just the licence then she can purchase & then apply for the chl

[Jumping Frog]

Excellent, thanks. Didn't realize the hunting license was so quick & easy to get. No extra class/training required?

People born after 1971 have to have proof of hunter education or a deferral on their person to actually hunt with the license, but it is not required to purchase the license.

[RHenriksen]

Excellent, thanks. Didn't realize the hunting license was so quick & easy to get. No extra class/training required?

People born after 1971 have to have proof of hunter education or a deferral on their person to actually hunt with the license, but it is not required to purchase the license.

Excellent, thank you.

I also called Academy and talked w someone in hunting/fishing about the license. When I explained why I was after a license, he sounded surprised - said that they sell to foreigners with a valid passport (from their home country, not the US) all the time - no hunting license required. Now I'm not sure if that whole 'hunting license' requirement is one of those things that's technically still on the books, but nobody enforces @ point of sale?