Guidance from FFL's in the know !

[mikey1969]

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?

The ATF require the hunting license ....... its 100% required for non immigrant aliens (not for permanent residents or citizens) . Otherwise without it she cannot even legally be in possession of a firearm let alone buy one . I have bought several and each and every time they copy my hunting license . The Academy employee mis-spoke and should not have informed you otherwise. Attempted purchase (or selling for that matter) without a hunting licence for non immigrant aliens is ILLEGAL. The 4473 form that is required to be completed MUST register that the buyer has an "exception" .... i.e Valid state Hunting 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?

The ATF require the hunting license ....... its 100% required for non immigrant aliens (not for permanent residents or citizens) . Otherwise without it she cannot even legally be in possession of a firearm let alone buy one . I have bought several and each and every time they copy my hunting license . The Academy employee mis-spoke and should not have informed you otherwise. Attempted purchase (or selling for that matter) without a hunting licence for non immigrant aliens is ILLEGAL. The 4473 form that is required to be completed MUST register that the buyer has an "exception" .... i.e Valid state Hunting License

Not surprised to hear the retail person was underinformed/misinformed. I know I'm sounding like a broken record, but really appreciate everyone's guidance on this stuff!

[mikey1969]

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?

The ATF require the hunting license ....... its 100% required for non immigrant aliens (not for permanent residents or citizens) . Otherwise without it she cannot even legally be in possession of a firearm let alone buy one . I have bought several and each and every time they copy my hunting license . The Academy employee mis-spoke and should not have informed you otherwise. Attempted purchase (or selling for that matter) without a hunting licence for non immigrant aliens is ILLEGAL. The 4473 form that is required to be completed MUST register that the buyer has an "exception" .... i.e Valid state Hunting License

See below extract from the official AFT website
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).

[PBratton]

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?

The hunting license has always been an exception for the non-immigrant aliens. Mabe Academy hasn't read that part of the rules...

[davlen]

Hi guys,

Can you help me out - I'm totally confused.

I am an Australian and I visit the US regularly under Visa Waiver Program.

How do the new changes apply to me?

As I read it, I can possess firearms and purchase ammunition, but to purchase firearms I would have to satisfy residency requirements. Is that right??

I have no interest in purchasing firearms on my visits, but I am very concerned that if I have borrowed a rifle and I am driving to the range, or I'm buying ammunition - that I am doing so legally.

That's my specific question -

While I am visiting under VWP is it legal for me to have in my possession a firearm that I have borrowed from a friend.

I don't want to get bailed up after a traffic stop with a rifle in the trunk get 10 years because I didn't understand the rules.

Cheers,

Dave

[mikey1969]

Hi guys,

Can you help me out - I'm totally confused.

I am an Australian and I visit the US regularly under Visa Waiver Program.

How do the new changes apply to me?

As I read it, I can possess firearms and purchase ammunition, but to purchase firearms I would have to satisfy residency requirements. Is that right??

I have no interest in purchasing firearms on my visits, but I am very concerned that if I have borrowed a rifle and I am driving to the range, or I'm buying ammunition - that I am doing so legally.

That's my specific question -

While I am visiting under VWP is it legal for me to have in my possession a firearm that I have borrowed from a friend.

I don't want to get bailed up after a traffic stop with a rifle in the trunk get 10 years because I didn't understand the rules.

Cheers,

Dave

Good question and the same concerns i had when i started to go to the range as a VISA L1 holder ........ for me the purchase of a hunting license was the document which made it legal to be in possession. You are correct that you need to meet residency requirements to actually buy. I would check out the ATF website , where there are FAQ that help a lot ........ i will have a look later and try to shed some light on what i find.
mike

[mikey1969]

Hi guys,

Can you help me out - I'm totally confused.

I am an Australian and I visit the US regularly under Visa Waiver Program.

How do the new changes apply to me?

As I read it, I can possess firearms and purchase ammunition, but to purchase firearms I would have to satisfy residency requirements. Is that right??

I have no interest in purchasing firearms on my visits, but I am very concerned that if I have borrowed a rifle and I am driving to the range, or I'm buying ammunition - that I am doing so legally.

That's my specific question -

While I am visiting under VWP is it legal for me to have in my possession a firearm that I have borrowed from a friend.

I don't want to get bailed up after a traffic stop with a rifle in the trunk get 10 years because I didn't understand the rules.

Cheers,

Dave

Good question and the same concerns i had when i started to go to the range as a VISA L1 holder ........ for me the purchase of a hunting license was the document which made it legal to be in possession. You are correct that you need to meet residency requirements to actually buy. I would check out the ATF website , where there are FAQ that help a lot ........ i will have a look later and try to shed some light on what i find.
mike

Found this on the ATF website ....... although i am not sure it makes it any clearer . The difference (for you) might be the acquisition of a hunting license but its only my opinion and you will need to get a better reply from someone better informed than me , note there are two type of hunting license in texas resident & non resident , i feel that you will be entitled to only the non resident which can run you more than 300 USD , while the resident one costs 25 USD (you need Texas DL to get one). Another good idea is to call the AFT , i did it once and they were helpful, they will pass you to one one their lawyers who should know the law !!!

Anyway here is the extract i found from the ATF website which offers hope :
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.