BATFE lifts 90 day residency requirement for Legal Aliens to purchase firearms

[DaveE 178]

DATES: Effective date: This interim rule is effective on July 9, 2012.

Action: Interim Final Rule With Request For Comments.

Summary:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing the 90-day State residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon the effective date of this interim final rule the provisions of ATF Ruling 2004-1 will become obsolete.

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IV. Interim Final Rule

Based on the Department's legal determination that the State of residence requirement imposed by section 922(b)(3) cannot have two different constructions—one that applies to U.S. citizens and another that applies to lawfully present aliens—the Department is publishing this interim final rule to make the necessary changes to existing regulations. This rule amends the regulations in 27 CFR part 478 by removing the 90-day residency requirement in the definition of "State of residence” in § 478.11. The rule also removes the unique proof of residency requirements in §§ 478.124 and 478.125 for aliens purchasing a firearm. Therefore, upon the effective date of this interim final rule, an alien lawfully present in the United States acquiring a firearm will be subject to the same residency and proof of residency requirements that apply to U.S. citizens.

In addition, upon the effective date of this interim final rule, ATF Ruling 2004-1 (approved March 22, 2004) will become

[X Factor 1,112]

The NRA is loving this!

[justashooter 430]

leaves too many unanswered questions...

[slim 1,533]

Amnesty all around!

[Usui Takumi 1,562]

Amnesty all around!

Hmm, what about bans that stop ppl from buying out of state...I feel thats loosely connected to this.

[slim 1,533]

Hmm, what about bans that stop ppl from buying out of state...I feel thats loosely connected to this.

GCA's always been clear on that.

They'll still have to prove they're residents of the state - same as natural born citizens. What this ruling is doing is taking away the "special" requirement for them to produce some kind of "proof" that they've been residents for 90 days. It's basically saying, "A resident is a resident."

I wonder how many of those "I want all illegals to have amnesty" folks are now happy they can buy guns on the spot?

Whoops! (with the Obama O in there somewhere.)

[Mr. Big Dog 10,747]

I wonder how many of those "I want all illegals to have amnesty" folks are now happy they can buy guns on the spot?

Well, it would make us all safer, wouldn't it? Remember? More guns = more public safety. That's the essence of the argument from the NRA types I keep hearing.