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Rules

Question: Are Foreign Citizens Authorized to Purchase Ammunition in the United States?

Answer:

A foreign citizen who is in the United States as a permanent resident alien is authorized to purchase ammunition in the United States provided he or she is not otherwise prohibited from possessing it under the Gun Control Act (e. g., a felon). For other prohibited persons, see 18 U. S. C. §§ 922( g) and (n). A foreign citizen who is in the United States in a nonimmigrant alien status is prohibited from purchasing ammunition unless he or she qualifies under one of the exceptions contained in the Gun Control Act (see 18 U. S. C. § 922( y)( 2)), or has obtained a waiver from the Attorney General as set forth in the law (see 18 U. S. C. § 922(y)(3)).

The most common exception in the Gun Control Act is for a nonimmigrant alien who has a hunting license or permit that was lawfully issued in the United States. The hunting license or permit can be from any state in the United States - it does not have to be from the state where the nonimmigrant alien is purchasing the ammunition.

The nonimmigrant alien prohibition applies to any alien in the United States in a nonimmigrant status, whether or not that alien was required to obtain a visa to enter the United States. Some examples of nonimmigrant aliens are persons travelling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a residence abroad, and temporary foreign workers.

Significantly, the nonimmigrant alien does not have to establish state residency to purchase ammunition. Therefore, unlike with firearm sales, the alien does not have to provide the seller with documentation demonstrating that he or she has resided in the State for 90 days.

Finally, the removal from the United States of ammunition purchased in the United States may be subject to the export license requirements of either the State Department, Office of Defense Trade Controls (handgun/ rifle ammunition)( 202-663-2714) or the Commerce Department, Bureau of Export Administration (shotgun ammunition)( 202-482-4811).

For specific information on the exportation of ammunition, you should contact the appropriate state and/ or Commerce Department office.

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