Question from a new member: how to buy the first gun leagally?

[JayLane]

I am a new member here. I have some questions about how to buy a rifle legally in PA. I am in Philadelphia now. But my status is that I am not a citizen nor a green card holder of USA. I am an international student (F1 visa holder). I love this country and it's gun culture. I can not wait until I get the green card many years later. Thus I would like to buy a rifle "legally" in PA. I have some questions:

1) Is that legal to buy a rifle (or C&R eligible rifle, such as sks) directly from an adult (or an FFL holder) in PA? I am already 32 years old. If it is, how can I make sure the rifle is legal before buying it?

2) Is that possible for me to buy a rifle online and have it sent to a FFL holder , and then transfer the rifle to me? What documents are needed, if possible?

3) Can anybody recommend some friendly FFL holders or gun stores in Philadelphia?

Many Thanks!

[JayBell]

Unfortunately, you cannot legally PURCHASE or POSSESS any firearms or any ammunition in your current immigration status, this includes purchases from all FFL dealers, and also prohibits any face to face transfers from private citizens.
The offense is a felony in the US.

here is the ATFs FAQ on nonimmigrant aliens and various questions and answers:
http://www.atf.treas.gov/firearms/faq/faq2.htm#r1

the pertinent parts that apply to your situation:

R. NONIMMIGRANT ALIENS

(R1) May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?

Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;


nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the collection, competitive use or other sporting use of firearms;

certain diplomats, if the firearms are for official duties;

officials of foreign governments, if the firearms are for official duties, or distinguished foreign visitors so designated by the U.S. State Department;

foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

persons who have received a waiver from the prohibition from the U.S. Attorney General.

Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Department of Homeland Security (formerly the Immigration and Naturalization Service) AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 consecutive days immediately prior to the firearms transaction.

[18 U.S.C. 922(g)(5)(b) and 922(y), 27 CFR 478.124, ATF Rul. 2004-1]




(R2) Typically, who are "nonimmigrant aliens?"

In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. Permanent resident aliens often are referred to as people with "green cards."


sorry!

[imperialism2024]

Granted, the way things are going in Philadelphia right now, soon no one will be able to possess guns legally, so you won't be alone...


Unfortunately, the anti-immigrant policies to which you're falling victim are most likely supported by the same people who support the right to keep and bear arms... for themselves only.