In open letters dated November 18, 1998 and June 16, 2000,
we notified you about an amendment to the Federal firearms
laws that prohibits the transfer to and possession of firearms
and ammunition by aliens admitted to the United States in
a nonimmigrant status.
The amendment 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 aliens in a nonimmigrant status are persons traveling temporarily
in the United States for business or pleasure, persons studying
in the United States who maintain a residence abroad, and
temporary foreign workers. Permanent resident aliens are not
subject to this new prohibition.
There are exceptions to this new prohibition. The most common
exception you will likely encounter is for a nonimmigrant
alien holding a valid hunting license or permit lawfully issued
in the United States. Another exception is for a nonimmigrant
alien admitted to the United States for lawful hunting
or sporting purposes.:
1. a nonimmigrant alien entering the United States
to participate in a competitive target shooting event sponsored
by a national, state, or local organization,or any affiliate
of such
|
organization, devoted to the competitive use or other sporting
use of firearms; or
2. a nonimmigrant alien entering the United States
to display firearms at a sports or hunting trade show sponsored
by a national firearms trade organization, or any affiliate
of such organization, devoted to the competitive use or
other sporting use of firearms.
The other exceptions to the nonimmigrant alien prohibition
may be found in Section 922(y) of the Gun
Control Act of 1968, as amended.
We want to remind you, however, that even if a nonimmigrant
alien qualifies for an exception to the prohibition, that
person must still satisfy the state residency requirement
in order to lawfully purchase a firearm from you. You may
not lawfully sell a firearm to a person who is not a resident
of a state. An alien is only considered a resident of a state
if he or she has resided in the state for at least 90 days
prior to date of the sale of the firearm.
If you have reasonable cause to believe that an alien is
subject to the nonimmigrant alien prohibition or if an alien
cannot satisfy the state residency requirement, you should
end the transaction without contacting NICS or your state
POC.
|