Gavin Howe
There is a lot of confusion surrounding the topic of gun ownership for lawful permanent residents in the United States. While some believe that only full-blown US citizens may purchase firearms, others claim that anyone legally present in the country can do so. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) clarifies that nonimmigrant visa holders are generally prohibited from possessing firearms unless they meet specific exceptions. However, permanent resident aliens are not considered nonimmigrant aliens, and as long as they are not otherwise prohibited, such as by a felony conviction, they are allowed to purchase and own firearms according to federal law. State laws may vary, and additional requirements, such as a background check and proof of residency, may be necessary.
Can lawful permanent residents own guns?
| Characteristics | Values |
|---|---|
| Federal law | There are no federal laws barring lawful permanent residents from buying guns |
| State laws | State laws differ. For example, in California, you need your permanent resident card, safety certificate card, and 2 proofs of residency. In Georgia, there is no requirement for a permit to purchase a firearm, but there is to carry one concealed. |
| Visa type | Aliens admitted to the US under a nonimmigrant visa are prohibited from purchasing firearms unless they 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. |
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What You'll Learn
Federal law vs. state law
Federal law dictates that an alien legally in the U.S. is not prohibited from purchasing firearms unless they are admitted under a nonimmigrant visa and do not meet any exceptions outlined in 18 U.S.C. 922(y)(2). Permanent resident aliens are not considered nonimmigrant aliens. Therefore, lawful permanent residents are allowed to buy and own firearms under federal law.
However, it is important to note that state laws may differ. For example, in California, a permanent resident needs their regular ID, permanent resident card, safety certificate card, and two proofs of residency to purchase a firearm. On the other hand, Georgia does not require a permit to purchase a firearm, but there is a permit to carry one concealed.
The major difference between federal and state gun laws lies in who creates the law, who prosecutes violations, and the penalties for breaking the law. Local police can arrest someone for violating state gun laws and hand the case over to the state prosecutor. However, only federal law enforcement, such as the Bureau of Alcohol, Tobacco, and Firearms (ATF), can arrest someone for violating federal gun laws.
It is essential to understand both federal and state gun laws to ensure compliance and safety. When in doubt, it is always best to consult official government sources or legal professionals for the most accurate and up-to-date information.
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Nonimmigrant visas
Non-US citizens, including those on nonimmigrant visas, are generally prohibited from possessing firearms and ammunition in the United States. Federal laws, such as the Gun Control Act of 1968, specifically restrict non-citizens from purchasing firearms. However, there are certain exceptions outlined in 18 U.S.C. 922(y)(2) that permit nonimmigrant visa holders to possess or purchase firearms under specific circumstances.
Nonimmigrant visa holders without residency in any state are typically barred from purchasing or possessing firearms. However, they may purchase firearms if a licensee arranges for the direct export of the firearm. Additionally, nonimmigrant aliens who have established residency in a state may purchase firearms from unlicensed sellers, provided that the transaction complies with applicable laws and regulations and that the buyer and seller reside in the same state.
Specific exceptions outlined in 18 U.S.C. 922(y)(2) allow nonimmigrant visa holders to possess or receive firearms for lawful hunting or sporting purposes. This includes possessing a valid hunting license or permit. Certain official representatives of foreign governments and foreign law enforcement officers entering the United States on official law enforcement business may also fall within these exceptions.
It is important to note that violating the terms of a nonimmigrant visa by illegally possessing or using firearms can lead to legal consequences, as seen in the case of a nonimmigrant visa holder from Niger who was convicted of violating US gun laws. Understanding the legal landscape and seeking guidance from specialised organisations is crucial for nonimmigrant visa holders interested in firearm ownership.
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Exceptions to the law
While there are no federal laws barring lawful permanent residents from buying guns, some states may have additional restrictions on firearms ownership by green card holders. For example, in California, you need your permanent resident card, a safety certificate card, and two proofs of residency. In Georgia, there is no requirement for a permit to purchase a firearm, but there is to carry one concealed.
- Possession of a valid hunting license or permit.
- Shipping, transporting, receiving, or possessing a firearm or ammunition under one of the exceptions provided in 18 U.S.C. 922(y)(2).
Gunned carry laws vary from state to state, so it is important to check the local laws before purchasing or carrying a firearm.
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Additional state restrictions
While there are no federal laws barring lawful permanent residents from buying guns, individual states have their own regulations surrounding gun ownership. These laws are independent of federal firearms laws and can be more or less restrictive.
For example, in California, lawful permanent residents need to provide their permanent resident card, a safety certificate card, and two proofs of residency when purchasing a firearm. In Georgia, permanent residents are subject to the same requirements as citizens, and no special licenses are needed to purchase a firearm. However, a permit is required to carry a concealed weapon, and obtaining a permit can expedite background checks for future purchases.
Some states, like Arizona, only issue concealed weapon permits to non-citizens residing in that state. Other states, like Oregon, allow non-citizens to possess a concealed firearm only with a license, which is subject to specific restrictions. Rhode Island has two systems for issuing handgun carry permits: the "town" system, which is only available to residents, and the "Attorney General" system, which is open to anyone.
Washington state previously issued Alien Firearms Licenses, which allowed non-citizens to obtain a Concealed Pistol License, but this is no longer the case. It's important to note that state firearms laws can vary significantly, and individuals should be aware of the specific regulations in their state of residence and any states they plan to travel to with a firearm.
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Background checks
Lawful permanent residents are allowed to buy and own firearms. However, there are some exceptions. An alien legally in the U.S. can purchase firearms unless they are admitted to the country under a nonimmigrant visa and do not meet the exceptions outlined in 18 U.S.C. 922(y)(2). These exceptions include possessing a valid hunting license or permit.
In the state of Georgia, lawful permanent residents are allowed to purchase firearms, but they need to fill out the background check forms differently and provide their alien registration number. The background check might also take longer, and they may have to return to the store in a few days to complete the purchase.
In California, lawful permanent residents need to provide their regular ID, permanent resident card, safety certificate card, and two proofs of residency.
It is important to note that gun laws vary from state to state, and it is recommended to check the local laws before making a purchase. Additionally, there may be additional restrictions on firearm ownership by green card holders in certain states.
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