Author Topic: Owning a gun as a legal resident of TX  (Read 7437 times)

smdb01us

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Owning a gun as a legal resident of TX
« on: March 24, 2014, 10:20:29 PM »
Howdy,

A good friend of mine, a single mother, lives alone with her daughter. They live in a good neighborhood but since they live alone, she has thought about owning a gun or a shotgun (she grew up around guns/hunting). She is a Mexican national and not a permanent resident. She's a legal resident of Texas, has a work visa and owns her own business. Is she legally allowed to purchase and own a gun?

Thank you for your help!

Regards.

Ivan
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Owning a gun as a legal resident of TX
« Reply #1 on: March 26, 2014, 02:57:30 PM »
Hey Ivan,

Unfortunately for your friend, if she is present in the United States under a non-immigrant visa, then she cannot purchase a firearm from an FFL, and it is also illegal under federal law for her to possess a firearm.

There are some exceptions for a person under a non-immigrant visa to possess a firearm, but these are usually limited to hunting or government purposes. If someone is a permanent resident alien attempting to attain citizenship, then they have full rights to purchase and possess a firearm, while an illegal alien can never acquire the right to purchase or possess a firearm.

Hope that helps.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

viceconsul

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Re: Owning a gun as a legal resident of TX
« Reply #2 on: May 08, 2014, 07:30:41 PM »
I am a Texas lawyer who is familiar with immigration and firearms laws, and I have had my ffl for several decades.  When in doubt about buying a gun, sometimes it pays to read the instructions on the 4473, specifically for questions 11.1 and 12.  If she is here on a work visa or other nonimmigrant visa, if she has a current hunting license, she may purchase firearms from dealers.  She should check Texas Parks and Wildlife to see which is the cheapest year long license and buy one.  Since with any hunting license, she may hunt feral hogs, and since they come in all sizes, there should be no question about what kind of firearms she buys.  She will need a copy of the hunting license and her authorization to be here for the ffl to attach to the 4473.  The reason there is the hunting license exception is that there are some game ranches and guide services that make a lot of money from foreign hunters, and in congress, money talks.  This provision works out well for hunters who may not be able to afford their dream hunt or the days off work to actually hunt, but she might get the chance.  In Texas all nonprohibited persons not committing a crime other than traffic violations are allowed to carry a concealed handgun in their car or boat (and from the car to their residence or other place, like a range, or a smart employer's place of business).  She may also carry a longgun the same as anyone else.  However, any deferred adjudication or conviction of violating a firearms law (no exceptions for unconstitutional laws) can get her deported.
It is nice that something intended for rich people works out for a regular human.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

davidbilly

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Re: Owning a gun as a legal resident of TX
« Reply #3 on: September 05, 2014, 12:27:44 AM »
Hey Ivan,


I have found something useful for you on the FBI website that is on "Federal Firearms Licensee Tip Sheet for Processing NICS Checks for Non-U.S. Citizens/Aliens" check this out
Code: [Select]
http://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/ffl-tip-sheet-for-non-u.s.-citizens-purchasing-firearms-1
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »