Whats my status? Can I own a gun?

[JKnowles 1]

Hi guys, I entered on a K1, got married, filed the AOS, did my biometrics last week. Was just wondering. Whats my status? Am I still a Non immigrant alien under a K1?

I have a SS# I have a state ID, I've been here for more than 90 days, and can prove it with mail. I was interested in buying a gun, I'm pro 2a, I understand a lot of the laws its a huge hobby of mine that I've only been able to appreciate from the spectator side of the shooting world. If I go to a gunstore, fill out a 4473, put my social down, my Alien number i have, show proof of address for more than 90 days, will I pass. I know its a hard question to answer, but wondering if anyone else in my position has attempted it. I know I could walk into a store and try, I just dont want it raising flags if I dont pass because of my immigration status. Thanks to those who help!

[NikLR 13,232]

I suggest waiting for your green card. This is really a state specific issue (gun buying.)

As for your status, you are in a period of legalized stay while your AOS is pending.

[Umka36 781]

I recommend checking your State laws.

http://www.handgunlaw.us/

[JKnowles 1]

Well I understand that KY has no restrictions different to federal laws, other than being a firearms instructor you have to be a Citizen. But what I understand from the Federal side of things, is that I cannot be a non immigrant alien, IE on a tourist visa. My main worry is my status. Am I in a gray area? I know people can own firearms on a work permit as long as its not a visa work permit. I have friends here that shoot, they let me shoot their guns and what not. I'm just like a kid waiting for the candy store to open haha.

[Boiler 45,997]

In Colorado you have to be a LPR, but Colorado is pretty hard left, you may be better off in your state.

[ExPatty 502]

Well I understand that KY has no restrictions different to federal laws, other than being a firearms instructor you have to be a Citizen. But what I understand from the Federal side of things, is that I cannot be a non immigrant alien, IE on a tourist visa. My main worry is my status. Am I in a gray area? I know people can own firearms on a work permit as long as its not a visa work permit. I have friends here that shoot, they let me shoot their guns and what not. I'm just like a kid waiting for the candy store to open haha.

Tourist doesn't just equal non-immigrant visa; there are other ways to be here legally and still be a non-immigrant.

State laws and federal do differ in some ways to your question, but realistically in general for both states and federal, you'll need to have your green card. You can see on form 4473 it has only some very specific exceptions for non-immigrant aliens.

Once your have your greencard, you can buy a gun according to federal law. Some states even quite recently have had laws that restrict further for green card holders but, as far as I know, all that have been challenged in court have been overturned, so for all intents and purposes gun ownership is not a citizen vs non-citizen specific thing--as long as that non-citizen is a permanent resident, i.e. green card holder.

If your state has pistol permits it may exercise--arguably illegally--additional rules against non-citizens, you'd have to check your state law.

I sound like I'm waffling because there are a lot of contradictions in various jurisdictions.

Particularly in light of the guidelines in 4473 I would not try and get a firearm until you're a green card holder. Once you have that, go to town!

This:

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Doesn't tell me in you're in a gray area; you are quite clearly in a "non immigrant" status until the AOS is complete and the green card is issued. I think you should wait before trying to get a firearm.

Edited March 19, 2015 by ExPatty

[VOL 425]

Hi guys, I entered on a K1, got married, filed the AOS, did my biometrics last week. Was just wondering. Whats my status? Am I still a Non immigrant alien under a K1?

I have a SS# I have a state ID, I've been here for more than 90 days, and can prove it with mail. I was interested in buying a gun, I'm pro 2a, I understand a lot of the laws its a huge hobby of mine that I've only been able to appreciate from the spectator side of the shooting world. If I go to a gunstore, fill out a 4473, put my social down, my Alien number i have, show proof of address for more than 90 days, will I pass. I know its a hard question to answer, but wondering if anyone else in my position has attempted it. I know I could walk into a store and try, I just dont want it raising flags if I dont pass because of my immigration status. Thanks to those who help!

Can you not buy a gun from a individual? I would doubt their are any requirements.

[aaron2020 11,651]

Can you not buy a gun from a individual? I would doubt their are any requirements.

There are requirements.

[CowBoE 429]

Yeah...you are neither fully illegal or legal...

You are kind of in that gray "legal to stay and work during the AOS processing state".

What's the rush to buy the gun?

[JKnowles 1]

Really No rush, just at the point where the weather is getting nice out, i hear gunshots (im in the country lol), I've always enjoyed watching, and when i had the opportunity to shoot friends guns, it was just pure fun. Was just wondering. Was going to give it a shot, but I dont know. Will probably hold off till I have a GC. Not worth risking it, just in case you never know lol.

[ExPatty 502]

Can you not buy a gun from a individual? I would doubt their are any requirements.

Depends on the state. Some do not require a background check with private transer, and you can just buy from joe blow on the street. Others do require one (e.g. New York all private gun sales must take place in front of a licensed gun dealer).

Nonetheless, whether the law doesn't mandate a background check for a gun with a private party sale or not, if you are not otherwise allowed to own a gun, purchasing private party is illegal. My sense is that at this time the OP cannot legally own a gun and, if that is so, he would be breaking the law by picking one up from a private individual even if there is no background check in his state for such a thing.

Really No rush, just at the point where the weather is getting nice out, i hear gunshots (im in the country lol), I've always enjoyed watching, and when i had the opportunity to shoot friends guns, it was just pure fun. Was just wondering. Was going to give it a shot, but I dont know. Will probably hold off till I have a GC. Not worth risking it, just in case you never know lol.

If you do risk it you might pass the background check anyway. I really don't know--and technically speaking just because you pass the background check doesn't mean you're allowed to own the gun in light of your immigration status. However, unless you can find unequivocally that in your state a non-immigrant alien is allowed to own a gun I would recommend you just wait for the GC, because once you have that you'll be fully legit and you won't have to worry about it. Go to a gun store, buy whatever you like.

In the meantime buy your friends ammo and they'll be more than happy to bring you along to the range, I'm sure.

[NM2428 12]

When filling out this form when applying for the purchase of a firearm: www.atf.gov/file/61446/download

I have my conditional greencard and wonder how I am to answer question 11(l), 12 and 13. Do I still put "yes" to non-immigrant visa question 11(l)? The seller was under the impression that I was to answer "No" because I am a permanent resident and do have my green card. Being cautious, I wonder if this is correct information/advice or not? I did get approval, but thought I'd still verify this. Can anyone help/advise?

[Elf 146]

When filling out this form when applying for the purchase of a firearm: www.atf.gov/file/61446/download

I have my conditional greencard and wonder how I am to answer question 11(l), 12 and 13. Do I still put "yes" to non-immigrant visa question 11(l)? The seller was under the impression that I was to answer "No" because I am a permanent resident and do have my green card. Being cautious, I wonder if this is correct information/advice or not? I did get approval, but thought I'd still verify this. Can anyone help/advise?

The seller is correct. You are not a non-immigrant alien, you are a US permanent resident.

Confirmation from the Bureau of Alcohol, Tobacco, Firearms and Explosives site and their definition of who is a nonimmigrant alien.

[NM2428 12]

The seller is correct. You are not a non-immigrant alien, you are a US permanent resident.

Confirmation from the Bureau of Alcohol, Tobacco, Firearms and Explosives site and their definition of who is a nonimmigrant alien.

Ok, that's great news and it puts my mind at ease! I wasn't sure and didn't want anything come back to bite me. Thanks for your quick reply, now i can relax.