Carrying as a non-immigrant

[BritStudent]

That's great help, thanks. Good to know it's definitely possible somewhere at least. Until now I've just been figuring it out from reading the law, nowhere has actually put it up in plain language on their website but apparently Washington have thought about the possibility! :biggrin:

You might wish to consider the UW (pronounced U-Dub), WSU (pronounced Wazzu), or any of Washington state's other fine Universities.

Here on the Wet, I mean West side of the state, the weather is much more like home for you. Over on the East side, it's more desert like.

Read through RCW (Revised Code of Washington) 9.41.173 and information on the DOL (Department of Licensing) website about an Link Removed.



If you're interesting, drop in and join the WA-CCW List on Yahoo Groups. Lots of very knowledgeable folks there including Dave Workman (NRA and Gunweek) and Joe Waldron (CCRKBA).

 

[Liberated Brit]

Most American "students" are not rich and they get part-time work even if they have student loans and grants. As an English candidate for a PhD, you can and should get a job.
I presume you are using a British student loan so don't want to screw the pooch until you have your sheepskin.

Check Federal laws too... ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives

I'm keen to hear what the definative answer is on this as well.

I'll be in the USA as a non-immigrant (working) soon and I'm getting all kinds of crazy answers.

I've already got my hunting license (applied online) and just need to do some hunter education to put the number onto it and sign it. That's not a problem.

What bothers me is I'm getting a 'yes you can own guns as a non-immigrant but not for CCW!'
I've looked through the federal law books and can't find anything specifically barring legal non-immigrants from CCW as there's nothing been written in prohibiting it!

So my gut feeling is you can CCW as a non-immigrant if you satisfy federal law and the state-specific hoops you've got to jump through.
Because I'd rather have my CCW than fall afoul of some obscure law that says travelling with a gun in your backpack is concealed carry
The only hick-up could be if you have to use it in self-defense and kill or maim someone attacking you.

For that the prosecution could allege you're carrying a gun for lethal purposes not connected with hunting or sporting use...
Hmmmm.

 

[BritStudent]

I'm keen to hear what the definative answer is on this as well.

I'll be in the USA as a non-immigrant (working) soon and I'm getting all kinds of crazy answers.

I've already got my hunting license (applied online) and just need to do some hunter education to put the number onto it and sign it. That's not a problem.

What bothers me is I'm getting a 'yes you can own guns as a non-immigrant but not for CCW!'
I've looked through the federal law books and can't find anything specifically barring legal non-immigrants from CCW as there's nothing been written in prohibiting it!
.

Hi Liberated Brit,

I wrote to the ATF and this was the part of their reply regarding CCW:

Yes you are correct the concealed carry permit is exclusively a state to state issue. You should contact the local law enforcement agency to receive details for acquiring a concealed carry permit.

Thanks,
***

The rest of the email was as follows:

Good afternoon Mr. *******,

Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

1) nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;

You will have this if you purchase the hunting license when you enter the U.S.

2) nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local organization devoted to the collection, competitive use or other sporting use of firearms;

3) certain diplomats;

4) officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;

5) foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

6) persons who have received a waiver from the prohibition from the U.S. Attorney General.


nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Immigration and Naturalization Service AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 days prior to the firearms transaction.

These are 2 different types of numbers. An admission number is the number on an INS Form I-94 or INS Form I-94W, the arrival/departure form INS gives most nonimmigrant aliens when they arrive in the U.S. While most nonimmigrant aliens will automatically receive an admission number when they enter the U.S., Canadians will not. However, if a Canadian asks an INS official for an admission number when he/she enters the United States, he/she will be given an admission number. Most nonimmigrant aliens will not have an alien number. An alien number is an INS file number is issued in a variety of limited situations, such as to nonimmigrant aliens with employment authorization documents.

You will have an alien number once you enter the country. You will then have to establish proof of 90 days residency, rental receipts, utility bills etc.

If you can satisfy all of these qualifications and pass the NICS background check you should be able to purchase a firearm.

So at a federal level you and I are solid, there is no federal law prohibiting the carrying (concealed or otherwise) of firearms by legal non-immigrants, and provided you have a hunting license, can provide your immigration details, and proof that you have been a resident in the United States for 90 days you can purchase a gun.

State laws vary of course so check those. Most states, unfortunately, have CCW laws worded so as only to allow citizens or permanent residents to get a permit. However, because of reciprocity, I believe that you should be able to get a valid permit for most gun friendly states. I know for certain that you can get a Utah CCW permit as a non-immigrant, which is valid in many other states. This is the reply I got from the Utah DPS:

You can get a permit like any other legal resident of the United states. You will need to take the class from a certified instructor and submit a copy of your student visa. The only difference is that the expiration date for your visa will be your expiration date for your permit if your visa is less than five years.

BCI Firearms Division

That means that even if you are not going to be residing in Utah, you can get a non-resident Utah CCW permit that will allow you to carry legally in any state that honours Utah permits, which is all of the black ones below:

Link Removed

Whether you used your guns for hunting is immaterial to the law. The law does not specify that guns purchased through a hunting license must/only be used for hunting. As laid out in this thread and above, it seems pretty plain to anyone who reads the law that you'll have committed no crime vis a vis possession of a firearm so I would imagine the chief prosecutor or attorney general or whatever they call them in the US would not charge you, even if the police arrested you. If it actually went to trial, I'm not sure the prosecution would even be allowed to comment on how you used the weapons you bought because whether you used them that way or not, it has no bearing on whether you committed the offence at hand.

 

[Liberated Brit]

Cheers for that info there BS.

It's helped me get to the bottom of it.
Just checked with the state I'm going to and they are ok with non-immigrant aliens having ccw as long as you have the above-mentioned and your I-94 (immigration card).

 

[handgonnetoter]

Man, I feel sorry for you British. I could not live there and not be able to own a firearm, thats just plain wrong. What happened to you guys anyway?:fie:

 

[Liberated Brit]

Man, I feel sorry for you British. I could not live there and not be able to own a firearm, thats just plain wrong. What happened to you guys anyway?:fie:

It's a long story man, I don't want to bore this thread with the details as it's pretty grim and depressing, with all kinds of conjenture, theory and lore behind it.

Suffice it to say, in a nutshell, if you have a monarch in charge, the chances are you'll have gun control in this post WW2 age.
If that monarch is female, expect even more gun control!