Gun Onership for Legal U.S. Resident w/o green card?

[mreaglescout]

A very close friend of mine is Italian. He has lived here in Pa almost his entire life and recently went through the differed action process. He is 22 and here legally on work permit until he is eligible to apply for a green card, which won't be for 1-3 years (I think.) I believe he will have to wait 5 years to be able to attain U.S. citizenship. His business is in Harrisburg and recently he asked me if he's allowed to buy a gun for hunting and/or to protect his home or business. I scoured the PA laws regarding firearms and can not come up with a solid answer.
Any help would be great thanks!

[pennlineman]

Here's a recent thread that may answer your questions.

http://forum.pafoa.org/pennsylvania-...reen-card.html

Check the links in post #4.

[Philbert]

I don't think PA laws distinguish citizens and lawful nonimmigrant aliens. Here's the latest federal update I could find:

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.
In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant visa may lawfully acquire a firearm only if he/she meets State of residence requirements as required by the Federal government. For more information, see ATF Ruling 2010-6 at: http://www.atf.gov/regulations-rulin...ing-2010-6.pdf.

Q4. If I’m a nonimmigrant alien legally in the United States with a nonimmigrant visa, what
documentation must I provide to the Federal firearms licensee (FFL) prior to acquiring a firearm?

A4. It is unlawful for a FFL to sell or deliver any firearm to any nonlicensee who the licensee knows or has reasonable cause to believe does not reside in the State in which the licensee’s place of business is located. Exceptions are provided for over-the-counter transfers of a rifle or shotgun to out-of-State residents if the transfers fully comply with the State laws of the buyer and seller, and for loans and rentals of a firearm for temporary use for lawful sporting purposes.
To acquire a firearm, you must demonstrate the intention of making a home in a particular State. The intention of making a home in a State must be demonstrated to a Federal firearms licensee by presenting valid government issued identification documents indicating an address in the state in which the licensee’s place of business is located. Such documents include, but are not limited to, driver’s licenses, voter registration, tax records, or vehicle registration. For more information, see ATF Ruling 2001-5 available at: http://atf.gov/regulations-rulings/rulings/atf- rulings/atf-ruling-2001-5.html.
In addition, you must also demonstrate that you fall within one of the exceptions outlined in 18 U.S.C. 922(y)(2). (Refer to Question #3 above).

https://www.atf.gov/files/firearms/f...t-aliens-2.pdf

[Metz]

Again, been there, done that. In my experience, I've had more problems getting my PA driver's licence, than buying a gun, when I had my employment authorization, but not the green card yet.

[ungawa]

Again, been there, done that. In my experience, I've had more problems getting my PA driver's licence, than buying a gun, when I had my employment authorization, but not the green card yet.

Did you have to get a hunting license? What kind of visa were you on?

[Metz]

Did you have to get a hunting license? What kind of visa were you on?

Yes, I did have to get a hunting license. I was in the middle of political asylum process, which didn't matter for neither PennDOT nor for the 4479. The latter just required my alien# and 3 months proof of residency, while dumbass DOT need the green fucking card, that I didn't have at the moment

[ungawa]

Yes, I did have to get a hunting license. I was in the middle of political asylum process, which didn't matter for neither PennDOT nor for the 4479. The latter just required my alien# and 3 months proof of residency, while dumbass DOT need the green fucking card, that I didn't have at the moment

Oh, OK.

Well, welcome to Sheepfuckyltucky.

[justashooter]

deferred action? you mean dreamer? he has no legal status to own a firearm in such case, and he has no real path to GC or citizenship, regardless of what he is telling you. he is just not being thrown out because osama is hoping to add more democrat voters. your buddy is illegal, my friend.

[mreaglescout]

deferred action? you mean dreamer? he has no legal status to own a firearm in such case, and he has no real path to GC or citizenship, regardless of what he is telling you. he is just not being thrown out because osama is hoping to add more democrat voters. your buddy is illegal, my friend.

You, sir are mistaken. I am extremely familiar with this case. This isn't a Mexican fence-jumper. He is 100% a legal resident with all necessary papers. He just doesn't have a green card yet.

Thanks for all the info, guys! That's more help than the sheriff's office, game commission and attorney general's office gave me in a week.

[ForeverPA]

At what point exactly does the question of legal residency come up? Is there a specific question on the form? Usually a valid DL is your ticket.