Resident "Alien" CHL

[darius]

Well... I've asked everyone I can think of but cant get an answer so I'm hoping somebody here has some insight.
I am a Canadian citizen on an H1B work permit in Texas. Believe it or not, I also have my Utah CHL. I am trying to find out what it takes to get my Texas CHL and the round about answers I get are "Easy, just do the course and fill in the paper work" (NOTHING has been that simple), "Resident aliens cannot get a CHL" (I have heard of folks in the past getting it with my type or work permit but again, don't know the details), and lastly (my favorite) "Go to the DPS website and speak to them" (not one person understood my dilema and the people I got passed around to didn't even know what a Resident Alien is).
Does anyone have any information, know how I can go about this, or who I can get a CHL through?

 

[Booga]

(not one person understood my dilema and the people I got passed around to didn't even know what a Resident Alien is)

I've not got an answer for you, but I know your pain. I work for a company doing tech support and sometimes I get calls from people asking for help and I can talk to five or more departments before getting to someone who understands the question and can help the customer.

Keep trying and ask anyone reach to take ownership of the issue until someone directly related to the problem can take over. Tell them to ask their supervisors/peers/team leads/consult line/next level of support/managers/etc... if they don't have an answer.

 

[stingray2100]

Ok I thikn I have your answer, but you are not going to like it.

H1B work permit is a non-immigrant status. You are here in the US under a work permit only, you are not a resident of the US.

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). t allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.


Yo do not qualify for a Concealed Hangun License in the State of Texas due to the immigration status you have. Sorry Darius.

 

[darius]

Thanks for the replies.
Stingray, I think you are right however I figure I'm going to try anyway. The answer is always no unless you try I figure... The kicker to the H1B is that while it is only a work permit, it is the only permit that allows you to get permanent residence status and the citizenship... I am hoping that the gray area works in my favor.
As for a "Canadian Carry Permit”, no such thing exists. We can HAVE guns (but go through a supposedly thorough screening process) but we can't CARRY guns (except for transport to a range or for hunting).
For now, I will keep using my Utah CHL. It allows me to carry but doesn't allow easy purchasing of a handgun through a shop.

 

[qednick]

You need to be either (a) a US citizen, or (b) a US Permanent Resident (ie. green card holder).

As a green card holder myself I recall I had to wait about 6 months before I could even apply for the Texas CHL.

Once you have the CHL, it certainly does make purchasing firearms easier, though, as a side note... being a green card holder, you would still have to produce your last 3 utility bills to purchase a firearm. Utility bills means either water or electricity bills in YOUR name and showing YOUR CURRENT address. I don't know why they have this stupid requirement but it's part and parcel of making a purchase.

I don't know much about your particular visa but if you don't have a green card then you can't get the CHL in Texas.

BTW, I'm originally from the UK where even carrying a 1" pocket knife will land you 5 years in jail. :fie:

 

[scottdls]

You need to be either (a) a US citizen, or (b) a US Permanent Resident (ie. green card holder).

As a green card holder myself I recall I had to wait about 6 months before I could even apply for the Texas CHL.

Once you have the CHL, it certainly does make purchasing firearms easier, though, as a side note... being a green card holder, you would still have to produce your last 3 utility bills to purchase a firearm. Utility bills means either water or electricity bills in YOUR name and showing YOUR CURRENT address. I don't know why they have this stupid requirement but it's part and parcel of making a purchase.

I don't know much about your particular visa but if you don't have a green card then you can't get the CHL in Texas.

BTW, I'm originally from the UK where even carrying a 1" pocket knife will land you 5 years in jail. :fie:

There is nothing in the Texas CHL eligibility rules that require you to be a permanent resident or resident on an immigrant visa. See Texas Government Code §411.172. ELIGIBILITY. The closest thing is that you must be:

"...(9) is fully qualified under applicable federal and state law to purchase
a handgun;..."

Federal law provides for non-immigrant aliens to purchase a firearm (including a handgun) if they have a hunting license or have been invited to compete in a shooting competition. However, there is no requirement that the gun purchased be for one of those purposes. So if you are legally present in the United States and have been a state resident for at least 6 months, and have a hunting license, you can get a Texas CHL (assuming you otherwise qualify).

I have been told that it has been done by a Mexican national, lawfully present, but in a non-immigrant status.

 

[billv]

You might try your question on the TXL CHL forum - TexasCHLforum.com • Index page

 

[mizzly]

Too bad you can't get a CCW from your home province in Canada that Texas would honor. :cray:

Nice

 

[2kewlgypsy]

Your Utah permit works here

You say you have a Utah permit? They are honored in TX, you can carry.

 

[John Sun]

You need to be either (a) a US citizen, or (b) a US Permanent Resident (ie. green card holder).

As a green card holder myself I recall I had to wait about 6 months before I could even apply for the Texas CHL.

Once you have the CHL, it certainly does make purchasing firearms easier, though, as a side note... being a green card holder, you would still have to produce your last 3 utility bills to purchase a firearm. Utility bills means either water or electricity bills in YOUR name and showing YOUR CURRENT address. I don't know why they have this stupid requirement but it's part and parcel of making a purchase.

I don't know much about your particular visa but if you don't have a green card then you can't get the CHL in Texas.

BTW, I'm originally from the UK where even carrying a 1" pocket knife will land you 5 years in jail. :fie:

this is complete not true!
Immigration status never is the requirement for CHL!

 

[bofh]

this is complete not true!
Immigration status never is the requirement for CHL!

And your source for that is what exactly? It took me a few seconds on Google to find this. From Link Removed:

15. If I am a legal resident alien, can I get a license?

Under federal law, aliens who have been admitted to the U.S. under a non-immigrant visa, usually are not qualified to purchase a handgun and therefore, do not qualify for a license. However, as long as you were not admitted under a non-immigrant visa and are a legal resident of Texas, you may qualify.

 

[scottdls]

And your source for that is what exactly? It took me a few seconds on Google to find this. From Link Removed:

The FAQ is wrong. Federal Law does allow purchase of a handgun by non-immigrant aliens (like a Canadian on a TN-1 visa). See my post above (from 4 years ago!)

 

[bofh]

The FAQ is wrong. Federal Law does allow purchase of a handgun by non-immigrant aliens (like a Canadian on a TN-1 visa). See my post above (from 4 years ago!)

Looks like you are correct and I made the mistake on relying on state law enforcement for information on a matter of state law.

 

[qednick]

this is complete not true!
Immigration status never is the requirement for CHL!

Not sure what you're on about. Legal permanent residents (ie. green card holders) have all the same rights and responsibilities as US Citizens except the right to vote or sit on a jury. That is, green card holders *can* buy, own firearms and *can* get a CHL in Texas.

The only thing that may have been misinforming about my earlier post was the requirement to have 3 utility bills to make a purchase. Apparently this is not a federal mandate but rather (I have since found out) it is usual store policy of most FFL's.

I think you are getting confused with people of "non-immigrant" status--but even they can purchase, as far as I know, with a valid hunting license.

 

[John Sun]

Not sure what you're on about. Legal permanent residents (ie. green card holders) have all the same rights and responsibilities as US Citizens except the right to vote or sit on a jury. That is, green card holders *can* buy, own firearms and *can* get a CHL in Texas.

The only thing that may have been misinforming about my earlier post was the requirement to have 3 utility bills to make a purchase. Apparently this is not a federal mandate but rather (I have since found out) it is usual store policy of most FFL's.

I think you are getting confused with people of "non-immigrant" status--but even they can purchase, as far as I know, with a valid hunting license.

Nothing confused.
Resident "Alien" (or "non-immigrant" ) technically is not "Legal permanent residents", even many of them has been living in US for long time.
People holds H, F/J visa etc, also, NAFTA Canadian/Mexican with TN/TD etc. are "non-immigrant"
They can purchase gun with form 4473 after NICS , or nothing needed from GUN ShOW, they also can get Texas (many other state) CHL.