Pennsylvania Firearm Owners Association
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  1. #31
    Join Date
    Mar 2006
    Location
    Bechtelsville, Pennsylvania
    (Berks County)
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    918
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    20052528

    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by alpacaheat View Post
    What exactly is a legal nonimmigrant?

    Sounds ike a touchy-feely made-up liberal term for illegal alien.
    An example of a legal nonimmigrant would be someone here for schooling (i.e. student Visa), as the individual is only here for schooling and not for becoming an resident. A tourist would be another example.
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  2. #32
    Join Date
    Apr 2011
    Location
    PRNY
    Posts
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    8688182

    Default Re: Carry permit to legal nonimmigrant

    As I expected, the unlawful tactic of refusing to accept an application is spreading. Over the past few years, it became a popular thing for counties bordering PRNY to do to PRNY residents applying for their LTCF.

    Sheriffs do not have a legitimate choice as to whether or not to accept an application. See the relevant sections of § 6109 (emphasis mine):

    § 6109. Licenses.

    [...]

    (b) Place of application.--An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city.

    [...]

    (d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:

    (1) investigate the applicant's record of criminal conviction;

    (2) investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;

    (3) investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;

    (4) investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and

    (5) conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.

    [...]

    (g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.
    The law does not allow for Sheriffs to refuse to accept LTCF applications. It clearly states what a Sheriff shall (that word is important!) do when presented with an application. Multiple times, even.

    Mark my words - unless we nip this issue in the bud, the problem will spread to resident citizens.

  3. #33
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
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    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by alpacaheat View Post
    Constitutional Rights cover citizens only.
    Not true.

    Anyone in the country, no matter how illegal they are, are provided with numerous constitutional rights. Sadly.

  4. #34
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by alpacaheat View Post
    What exactly is a legal nonimmigrant?.
    There are all kinds of non-immigrant visas. It isn't a made-up term.

    • Athlete, amateur or professional (competing for prize money only) B-1 (NA)
    • Au pair (exchange visitor) J SEVIS
    • Australian professional specialty E-3 DOL
    • Border Crossing Card: Mexico BCC (NA)
    • Business visitor B-1 (NA)
    • CNMI-only transitional worker CW-1 (USCIS)
    • Crewmember D (NA)
    • Diplomat or foreign government official A (NA)
    • Domestic employee or nanny - must be accompanying a foreign national employer B-1 (NA)
    • Employee of a designated international organization or NATO * G1-G5, NATO (NA)
    • Exchange visitor J SEVIS
    • Foreign military personnel stationed in the United States A-2 (NA)
    • NATO1-6
    • Foreign national with extraordinary ability in Sciences, Arts, Education, Business or Athletics O USCIS
    • Free Trade Agreement (FTA) Professional: H-1B1 - Chile DOL
    • Chile, Singapore H-1B1 - Singapore
    • International cultural exchange visitor Q USCIS
    • Intra-company transferee L USCIS
    • Medical treatment, visitor for B-2 (NA)
    • Media, journalist I (NA)
    • NAFTA professional worker: Mexico, Canada TN/TD (NA)
    • Performing athlete, artist, entertainer P USCIS
    • Physician J , H-1B SEVIS
    • Professor, scholar, teacher (exchange visitor) J SEVIS
    • Religious worker R USCIS
    • Specialty occupations in fields requiring highly specialized knowledge H-1B DOL then USCIS
    • Student: academic, vocational F, M SEVIS
    • Temporary agricultural worker H-2A DOL then USCIS
    • Temporary worker performing other services or labor of a temporary or seasonal nature. H-2B DOL then USCIS
    • Tourism, vacation, pleasure visitor B-2 (NA)
    • Training in a program not primarily for employment H-3 USCIS
    • Treaty trader/treaty investor E (NA)
    • Transiting the United States C (NA)
    • Victim of Criminal Activity U USCIS
    • Victim of Human Trafficking T USCIS
    • Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR) V (NA)
    • Renewals in the U.S. - A, G, and NATO Visas (NA)


  5. #35
    Join Date
    Apr 2013
    Location
    Monroeville, Pennsylvania
    (Allegheny County)
    Posts
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    10546

    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by free View Post
    There are all kinds of non-immigrant visas. It isn't a made-up term.
    Yes, and many of those live and work here for many years, legally, contributing and paying taxes. Still, the ATF regulations regarding firearms and nonimmigrant aliens seem to allow the owning of firearms only for hunting, based on what I posted from their site in a previous post. PA law is murky regarding LTCF and nonimmigrant aliens, but to me, the ATF regulation would be the deciding factor. A county may issue one, but I would question the legality. IANAL Where is Phil when we need him?

  6. #36
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by Holster View Post
    Yes, and many of those live and work here for many years, legally, contributing and paying taxes. Still, the ATF regulations regarding firearms and nonimmigrant aliens seem to allow the owning of firearms only for hunting, based on what I posted from their site in a previous post. PA law is murky regarding LTCF and nonimmigrant aliens, but to me, the ATF regulation would be the deciding factor. A county may issue one, but I would question the legality. IANAL Where is Phil when we need him?
    I was just addressing the question I answered, not the OP’s question or that general issue.

  7. #37
    Join Date
    Oct 2018
    Location
    Easton, Pennsylvania
    (Northampton County)
    Posts
    15
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    0

    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by cdi View Post
    Do you ultimately intend to become a U.S. citizen?
    For me would be a honor. Firstly I guess I would need to obtain the green card then after couple years I think I would be able to request the citizenship. Company is facing a merger and only next year we could go forward with this subject.

  8. #38
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
    Posts
    3,472
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    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by CARLOSFRAGAJR View Post
    I was able to provide all information required on the application but the secretary told me that couldn’t take it because to her shows as required as proof of residence the green card and bill statements. I did argue that on the application form says nothing about green card but asks the I-94 if you’re not a citizen but had no success on this mission. Unfortunately I had to back home silent. I am wondering about going at a state police office and get more information.
    What is your country of origin?
    What country issued your passport?
    How can you have any cookies if you don't drink your milk?

  9. #39
    Join Date
    Oct 2018
    Location
    Easton, Pennsylvania
    (Northampton County)
    Posts
    15
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    0

    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by free View Post
    There are all kinds of non-immigrant visas. It isn't a made-up term.
    Mine is Intra-company transferee L USCIS

  10. #40
    Join Date
    Oct 2018
    Location
    Easton, Pennsylvania
    (Northampton County)
    Posts
    15
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    0

    Default Re: Carry permit to legal nonimmigrant

    Quote Originally Posted by Holster View Post
    Yes, and many of those live and work here for many years, legally, contributing and paying taxes. Still, the ATF regulations regarding firearms and nonimmigrant aliens seem to allow the owning of firearms only for hunting, based on what I posted from their site in a previous post. PA law is murky regarding LTCF and nonimmigrant aliens, but to me, the ATF regulation would be the deciding factor. A county may issue one, but I would question the legality. IANAL Where is Phil when we need him?
    You’re right. Despite all taxes charged on the W2, I have being paying all taxes related to owning a home.

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