TRANSFERS TO ALIENS IN A NONIMMIGRANT STATUS

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.