Firearm ownership: K1 Visa

[tayurshu 37]

I've been researching the gun ownership/purchasing laws for non-immigrant aliens. It seems ATF/FBI have loosened the requirements in recent years.

The only way a non-resident alien (such as me on a K1 visa) is able to obtain a firearm is to fall into an exemption (such as owning a hunting licence). I obtained my WI hunting licence a few weeks ago.

The FBI have a 'cheat sheet' for FFL's processing alien's ATF 4473 (the form required for all gun purchases): https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/ffl-tip-sheet-for-non-u.s.-citizens-purchasing-firearms-1

Requirements:

- Valid #A or I-94 (printout acceptable) - I have.

- Valid Visa - I have.

- Exemption - WI hunting licence, I have.

So my understanding is that I would turn up to the store with my visa, passport, hunting licence (also official proof of residency in WI) and I would be OK.

Just asking for any advice that you all may have. I will print off that FBI tip sheet to take with me in case some education may be required.

[Darnell 8,478]

The visa was invalidated at poe.

[Cyberfx1024 7,980]

You have to wait until you get your green card to buy a firearm.

[tayurshu 37]

You have to wait until you get your green card to buy a firearm.

That's not the case, according to the ATF itself and the FBI (as linked in my original post).

"Q3. May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant alien visa purchase or possess a firearm in the U.S.?

A3. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions: (1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the Attorney General of the United States; (4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; (5) is en route to or from another country to which that alien is accredited; (6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business."

SOURCE: https://www.atf.gov/file/61841/download

The Green Card requirement is a huge misconception due to the above exemption categories.

Darnell: My apologies, Form 4473 asks whether admitted under a valid non-immigrant visa, not currently holding a valid one. So really you could be out of status lol.

Edited November 23, 2015 by tayurshu

[Darnell 8,478]

Ya, the i-94 governs your period of authorized stay, not the visa.

You chase a ssn yet? If no, do today, as i think you having a ssn might actually help.

[tayurshu 37]

Ya, the i-94 governs your period of authorized stay, not the visa.

You chase a ssn yet? If no, do today, as i think you having a ssn might actually help.

Ahhhh I see, thanks for that!

Yes, my SSN/card arrived last week. As a side note that was a really painless experience (i expected far worse). The woman knew K1's were valid for SSN and it took a 15 minute wait, 5 minutes at the window and it arrived 5 business days later.

The SSN, according to Form 4473, does help. It would probably also help the FFL in being an advocate when doing the NICS check.

Edited November 23, 2015 by tayurshu

[Darnell 8,478]

Cool. I say purchase today then. 'Ware the snow.

[tayurshu 37]

Cool. I say purchase today then. 'Ware the snow.

Plan is to purchase first thing tomorrow and zero the sight in at the local rifle range.

Gun Deer season ends this weekend in WI and the soon-to-be father-in-law has bought me a hunting stand. Looks like some Black Friday hunting coming up!

[TheCaptain 67]

This is a hotbed of contention. You may be able to purchase but you also may not. You will simply have to try and see what happens.

This is the major problem you have with what you are intending on doing with the visa class you are under. The K1 is a non immigrant visa for the purposes of immigration. You are also Intending on abandoning residency from Australia.

Non-Immigrant Alien

Description:

• No intention of abandoning residence in another country
• Granted access to the United States for a specific purpose and for a temporary period of time

You will most likely be denied at the store level, simply because they don't know or don't want to be held liable if something goes wrong. If the store decides to approve your purchase then you could be denied under the FBI NICS check. Even though you entered the country under a non-immigrant visa designation, it was invalidated the day you entered the country, a VALID visa is required for identification purposes. This does not mean you will not be approved though.

The BATFE may also put a HOLD on your purchase which involves a 72 hour delay while they find a reason to deny you. If after the 72 hours you are not denied then you are legally allowed to continue with the purchase and take possession of the firearm.

Your I-94 is used as your legal ability to purchase a firearm under the Non-Immigrant banner because as you entered the country on October 25th and your your I-94 is valid until January 25th

This means you SHOULD be valid to purchase with your hunting permit exemption (18 USC 922 (G) (5) (y)(2) ) until 25th January.

Once you register for Adjustment Of Status you are in "Limbo" called "A Period Of Authorized Stay"...... not a non-immigrant but not an immigrant, so you will be denied on all purchases.

You should also look at this page

https://www.atf.gov/qa-category/nonimmigrant-aliens

It provides further confirmation of your ability to purchase. Just remember what is written is not always what actually happens.

It may not be "Legal" for the BATFE or FBI to deny your purchase but it is the delay and waiting while you appeal which causes the most pain.

Once you have a green card in hand the process becomes much simpler.

[TheCaptain 67]

Don't forget.... There is nothing stopping your FIL to be from buying a firearm for you as a "Welcome To The Family" gift (As noted on the 4473 instruction page)...... Just Sayin'.....

As long as you have the (y)(2) exemption of the Hunting Permit you are all good.

[Darnell 8,478]

Ya, thats why i mentioned 'do it today'.

[tayurshu 37]

Don't forget.... There is nothing stopping your FIL to be from buying a firearm for you as a "Welcome To The Family" gift (As noted on the 4473 instruction page)...... Just Sayin'.....

As long as you have the (y)(2) exemption of the Hunting Permit you are all good.

Hey TheCaptain,

Thanks so much for the really informative post (both above). Really appreciate it.

Yes, I thought I would be easily deniable once my AOS is in and Jan 21 (90 days from Oct 24) passes until I get my GC. Timing is just easy at the moment especially as it's season.

I wouldn't ask my FIL to do that - straw purchasing a firearm is a felony (as you incorrectly give info on the 4473). Although 'gifting' would be a grey area, haha. Wouldn't want to test that, particularly with the immigration issues a firearm charge will have!

Thanks so much again and I too think it'll be a case of go and test it out, see what happens Having the FBI sheet with me will help a lot!

Edited November 23, 2015 by tayurshu

[tayurshu 37]

Oh, and will report results.

[TheCaptain 67]

Hey TheCaptain,

Thanks so much for the really informative post (both above). Really appreciate it.

Yes, I thought I would be easily deniable once my AOS is in and Jan 21 (90 days from Oct 24) passes until I get my GC. Timing is just easy at the moment especially as it's season.

I wouldn't ask my FIL to do that - straw purchasing a firearm is a felony (as you incorrectly give info on the 4473). Although 'gifting' would be a grey area, haha. Wouldn't want to test that, particularly with the immigration issues a firearm charge will have!

Thanks so much again and I too think it'll be a case of go and test it out, see what happens Having the FBI sheet with me will help a lot!

Please see the instructions for Form 4473 Question 11a

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party.

I definitely understand the hesitation for going this route though.

Good luck with your purchase and happy hunting.

[TBoneTX 45,301]

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