BritStudent
New member
Hi,
First some background. I've just turned 21, and I'm a British student at a university here in the UK. I finish my degree next year and I'm planning on coming to the US to do my Phd and eventually stay there permanently. There's many reasons I want to study in the US, and many reasons I'd like to move, but one of them is that I believe in the right to defend one's self and in the United States people enjoy the right to carry the tools to defend themselves if, god forbid, they should need to. A luxury I do not enjoy in my own country but would like to share.
I'm looking at universities in several states, but one of the most likely spots for me to touch down is Duke in Durham, North Carolina, so I'll use this as a sort of example. A Phd course takes 5 years usually, so I'll be there a while. I can't get a green card until I can get an offer of employment, which means finishing my Phd. So for those 5 years I'll be a non-immigrant.
Now I've been told that only citizens and immigrants (i.e. green card holders) can own guns at all, let alone get CCW permits. This comes from the Federal law:
Note the exemption for subsection (2). That section reads:
So, if a non-immigrant has a US hunting license, he can own guns. The North Carolina Wildlife Resources Commission website says re: hunting licenses:
So, as far as I can tell, I can get a hunting license, legally own firearms and, since NC has no law against it, carry them openly. So first, question: Am I correct so far?
Assuming I am, that's great, and leads to a couple of further questions:
How concealed is 'concealed'? (concealed being what I'd need to avoid, in order to keep it legal without a CCW permit) Could I wear the gun outside-the-waistband under a jacket or shirt thus concealing it from the rear and side, but leaving it visible from the front? Or do I need to keep it in 100% plain view e.g. OWB without a jacket, drop leg when wearing a jacket, etc?
However, while that's all good to know, I'd much rather carry concealed if possible.
Unfortunately, the Durham County Government website says re: CCW permits:
Now, Arizona, for example, says the following:
And clarifies:
So if I were in Arizona, once I've been there 90 days (which, I believe, makes me a resident, if not a permanent one but it does not specify permanent) and got my hunting license, so far as I can tell, I could get a CCW. Again, am I right?
Assuming I am, unfortunately I'm not going to Arizona! Since I'm not a citizen, I can't get an Arizona permit unless I live there.
So what I need to find is:
Somewhere that will issue non-citizens who are residents in other states, non-resident permits, and that has reciprocity in NC. I'm sure there must be somewhere, since most states let non-citizens in their own state get a permit, surely one law will be written "a resident of the United States" instead of "a resident of this state or a citizen".
OR, somewhere in NC that will issue to residents of NC who are not citizens. I'm not sure if that's actually law, or just county policy.
So, can anyone point me in the direction of states I might have some luck with?
I'll just add, before anyone points it out, that I know NC does not allow carry on educational property. Obviously, not all my time is spent on campus!
EDIT:
Utah may be the state I'm looking for?
http://www.le.utah.gov/UtahCode/getCodeSection?code=53-5-704
I see no residency or citizenship requirement in there. Can someone confirm?
First some background. I've just turned 21, and I'm a British student at a university here in the UK. I finish my degree next year and I'm planning on coming to the US to do my Phd and eventually stay there permanently. There's many reasons I want to study in the US, and many reasons I'd like to move, but one of them is that I believe in the right to defend one's self and in the United States people enjoy the right to carry the tools to defend themselves if, god forbid, they should need to. A luxury I do not enjoy in my own country but would like to share.
I'm looking at universities in several states, but one of the most likely spots for me to touch down is Duke in Durham, North Carolina, so I'll use this as a sort of example. A Phd course takes 5 years usually, so I'll be there a while. I can't get a green card until I can get an offer of employment, which means finishing my Phd. So for those 5 years I'll be a non-immigrant.
Now I've been told that only citizens and immigrants (i.e. green card holders) can own guns at all, let alone get CCW permits. This comes from the Federal law:
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
[...]
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
Note the exemption for subsection (2). That section reads:
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;
So, if a non-immigrant has a US hunting license, he can own guns. The North Carolina Wildlife Resources Commission website says re: hunting licenses:
What if I am a non-resident student attending college in North Carolina?
Nonresident students may purchase a resident license while attending a university, college, or community college in NC.
So, as far as I can tell, I can get a hunting license, legally own firearms and, since NC has no law against it, carry them openly. So first, question: Am I correct so far?
Assuming I am, that's great, and leads to a couple of further questions:
How concealed is 'concealed'? (concealed being what I'd need to avoid, in order to keep it legal without a CCW permit) Could I wear the gun outside-the-waistband under a jacket or shirt thus concealing it from the rear and side, but leaving it visible from the front? Or do I need to keep it in 100% plain view e.g. OWB without a jacket, drop leg when wearing a jacket, etc?
However, while that's all good to know, I'd much rather carry concealed if possible.
Unfortunately, the Durham County Government website says re: CCW permits:
The applicant must be a citizen of the United States...
Now, Arizona, for example, says the following:
Applicants must:
be a resident of this state or a United States citizen;
And clarifies:
State Prohibitors
ARS 13-3101(6) - Prohibited possessor
means any person -
[...]
who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
So if I were in Arizona, once I've been there 90 days (which, I believe, makes me a resident, if not a permanent one but it does not specify permanent) and got my hunting license, so far as I can tell, I could get a CCW. Again, am I right?
Assuming I am, unfortunately I'm not going to Arizona! Since I'm not a citizen, I can't get an Arizona permit unless I live there.
So what I need to find is:
Somewhere that will issue non-citizens who are residents in other states, non-resident permits, and that has reciprocity in NC. I'm sure there must be somewhere, since most states let non-citizens in their own state get a permit, surely one law will be written "a resident of the United States" instead of "a resident of this state or a citizen".
OR, somewhere in NC that will issue to residents of NC who are not citizens. I'm not sure if that's actually law, or just county policy.
So, can anyone point me in the direction of states I might have some luck with?
I'll just add, before anyone points it out, that I know NC does not allow carry on educational property. Obviously, not all my time is spent on campus!
EDIT:
Utah may be the state I'm looking for?
http://www.le.utah.gov/UtahCode/getCodeSection?code=53-5-704
I see no residency or citizenship requirement in there. Can someone confirm?