Dear Federal Firearms Licensee:
As you may be aware, Section 121 of Public Law 105-277, the Omnibus Appropriations Act for 1999, amended the Gun Control Act of 1968 to prohibit, with certain exceptions, the transfer to and possession of firearms by aliens admitted to the United States under a nonimmigrant visa. This definition includes, in large part, persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a residence abroad, and certain foreign workers. Therefore, you, as a Federal firearms licensee, are prohibited from transferring firearms to aliens that fall within this category.
However, there are certain exceptions to this general rule. The prohibitions do not apply if the 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;
(B) an official representative of a foreign government who is –
(1) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(2) en route to or from another country to which that alien is accredited;
(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official business.
The law also gives the Attorney General the authority to waive the prohibition by approving a petition submitted by an alien. A copy of the law, which outlines the criteria that an alien must satisfy to be granted this waiver, is enclosed for your information.
In the near future, we will be amending the Bureau of Alcohol, Tobacco and Firearms (ATF) Form 4473, Firearms Transaction Record, to include this new prohibition. However, in the interim, we request your cooperation and assistance to insure that persons who fall within this category do not obtain a firearm from you. We recommend that you further question any person who answers “no” to Item 9(l) on the Form 4473 (asking “Are you a citizen of the United States?”) to determine if he or she falls within the new category of prohibited persons.
For example, you should ask whether the person is in the United States on a nonimmigrant visa. If the person is in the country under such a visa, you should ask further questions to see if any of the above-described exceptions apply. If any questions arise on the applicability of the prohibition, we urge you to contact your local ATF office.
Finally, in addition to satisfying the new requirements, an alien purchaser also must satisfy the State of residency requirements, which are set forth in Item 9(m) on the Form 4473.
We recognize the burden that is being placed upon you and appreciate your efforts. If you should have any questions regarding this new prohibition, please contact your local ATF field office.
Sincerely yours,
Jimmy Wooten
Assistant Director (Firearms, Explosives and Arson)