Definition of "Permanent Resident" with respect to gun ownership

[Dolmen]

I'm an H1B visa holder (for now anyway), but I qualify as a "permanent resident" of California/US for tax purposes.

Does this also qualify me to purchase firearms (handgun/rifle, nothing crazy) or do I specifically have to hold a Green Card to do so?

Can anyone tell me exactly what qualifies as a permanent resident for this purpose?

Thanks.

[madchiken]

Can anyone tell me exactly what qualifies as a permanent resident for this purpose?

Being a permanent resident or United States citizen.

Otherwise as a non-immigrant alien, you would be subject to and charged under 18 USC 922 g, then removed.

[Dolmen]

Being a permanent resident or United States citizen.

Please define "permanent resident", exactly what immigration status is this?

Otherwise as a non-immigrant alien, you would be subject to and charged under 18 USC 922 g, then removed.

One would hope that the background check would prevent this, I have no intention of acquiring a firearm illegally which is why I'm asking for clarification.

Thanks.

[JI603]

Permanent resident = green card holder/resident alien

H1B is a non-immigrant work visa, usually valid for 3-6 years during which time the holder can apply for permanent resident status.

CA is screwy... just because they view you as a permanent state resident for licensing/tax purposes, your status with the Fed govt. is still that of an immigrant worker, on a special/extraordinary skilled worker.

Can't purchase firearms, unfortunately.

[PhilipCal]

Permanent resident = green card holder/resident alien

H1B is a non-immigrant work visa, usually valid for 3-6 years during which time the holder can apply for permanent resident status.

CA is screwy... just because they view you as a permanent state resident for licensing/tax purposes, your status with the Fed govt. is still that of an immigrant worker, on a special/extraordinary skilled worker.

Can't purchase firearms, unfortunately.

There's your answer. While California may consider you a permanent state resident, that is for Calif licensing and tax purposes only. Your immigration status is subject to Federal Law, and in terms of purchasing a firearm, that's what you'd be governed by. Please don't take my reply as "final", there could be some exception(s), and you might want to look into them. My sense is though, that in your current immigration status, you're prohibited from purchasing a firearm.

[Dolmen]

Thanks officers, I figured this was probably the case but I just wanted to get confirmation.

I'll be applying for permanent residency this year or next anyway, so I guess I can wait, it's not like I have a shortage of other expensive hobbies to throw money at

[CruiserClass]

The GENERAL rule is you can't purchase a firearm on non-immigrant status but your H1-B visa does allow you to do so if you meet certain criteria. You could possibly purchase a long arm in any state and a handgun in your home state, through a FFL dealer only, if you meet one of the exceptions. You cannot qualify to purchase through a non-FFL transaction (private sale, some gunshow sales), and the ability to purchase does not necesarily grant the right to carry.

As an overview:

You must be here legally and your visa must be valid (should by obvious, but you know). You must have a valid "A" number issued by USCIS.

You must have a valid hunting permit for somewhere in the US, not necessarily in your home state. (some exceptions exist for sport shooters involved in competitions)

You must have lived in your home state for a minimum of 90 days and plan to continue to live there.

To find out for sure if you can legally purchase a long gun and/or a handgun get ATF Form 4473, aka the Over-the-counter purchase form, fill it out and have an FFL dealer verify it. Be sure to attach all supporting documents, including a certified copy of your visa.

[Dolmen]

You must be here legally and your visa must be valid (should by obvious, but you know). You must have a valid "A" number issued by USCIS.

Check.

You must have a valid hunting permit for somewhere in the US, not necessarily in your home state. (some exceptions exist for sport shooters involved in competitions)

Interesting, I think this is the only thing I don't have, what's involved in acquiring one?

You must have lived in your home state for a minimum of 90 days and plan to continue to live there.

Yes and yes, been here for 4 years and have no plans to go home. I'm sold, next up is residency, after that, citizenship, etc.. etc..

To find out for sure if you can legally purchase a long gun and/or a handgun get ATF Form 4473, aka the Over-the-counter purchase form, fill it out and have an FFL dealer verify it. Be sure to attach all supporting documents, including a certified copy of your visa.

I'll give that a shot, thanks.

Is there a major downside to being denied? (obviously other than being unable to purchase the firearm) I'm not in any rush, so if there are any significant issues with being denied I'm quite happy to wait until the issue becomes a formality.

Thanks.

[CruiserClass]

Getting a hunting license is, at least in my state, is not a very involved process. You must drive to a hardware store, sporting goods store, or basically any where, show an ID, and pay for it. Done.

Talk to the FFL, but there should not be any long term issues.

[L-1]

In California, as part of the dealers registration of sale process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

For further information, go to: http://ag.ca.gov/firearms/pubfaqs.php#30

[yellowreef]

I'm an H1B visa holder (for now anyway), but I qualify as a "permanent resident" of California/US for tax purposes.

Does this also qualify me to purchase firearms (handgun/rifle, nothing crazy) or do I specifically have to hold a Green Card to do so?

Can anyone tell me exactly what qualifies as a permanent resident for this purpose?

Thanks.

Read this for a better explanation:

http://www.hooyou.com/news/news070408gun.html

Now, while you can make yourself "qualify" for an exception, my advise to you would be to wait until you are a permanent resident alien (green card as you call it). If you do jump through these hoops and get your firearm, and for some odd chance get into trouble with it (even a self defense shooting can get you into trouble nowadays), you could loose your visa and your chance at that green card. Immigration law is pretty unforgiving when it comes to that kind of stuff. Not worth it in my opinion for now, just wait and you'll get your chance.

[Dolmen]

Ok, thanks all for the information, as I say, I'm not really in any rush, so I'll probably wait until I get permanent residency before I bother pursuing anything.

Thanks again.

[DACP]

I thought in CA the illegal’s and green card holders had all the rights, and the us citizens just picked up the tab?

[Sleuth]

I suggest that for THE definitive answer, you go to the ATF web site, and/or send them an e-mail and print out and keep the reply.

I am not suggesting that the ATF agents here don't know the law, but only an official communication in writing from ATF will stand up in court, if it comes to that.