Thursday, January 24, 2013

Canadians Purchasing a Firearm in the U.S. and taking Possession

The rules for Nonimmigrant aliens (Canadian) purchasing and taking possession of a firearm in the states was changed in 2012.  The 90 day residence requirement was dropped. 

Read the following carefully:

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.

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.

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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.

QUESTIONS AND ANSWERS - REVISED ATF F4473 (APRIL 2012 EDITION)

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The question is does owning or renting property in a state make you a resident of that state?

This is what the U.S. Federal Government posted for U.S. Citizens in regard to State of Residency:

A person’s "State of residence" is defined by regulation in 27 CFR 478.11 as "the State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State." Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State.


When it's all said and done contact the FFL your doing business with and ask, if you, as a nonimmigrant alien legally in the United States, with or without a nonimmigrant visa, can lawfully purchase a firearm and take possession!
 
Anyone who has recently gone through the process under the new rules or has something to add, please contact me by posting here or contacting me via email, as if I'm reading the law incorrectly I need to be informed.  Please, only if you have actually gone through the process or have knowledge of what you speak! 




2 comments:

  1. Applying for a visa is not a simple process and there are stringent visa requirements that need to be met by anyone that wants to obtain a US visa.

    US Visa Waiver

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  2. This is very educational content and well for a change. It's nice to see that some people still understand how to write a quality post! Regards: AR15 80 percent lower

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