Owing and carrying as a nonimmigrant

[Houstonian]

I see people asking relevant questions here sporadically and I think it might be helpful to share my experience as a firearm owner and nonimmigrant visa holder for many years.
Disclaimer: NOT LEGAL ADVICE.

1. Owning
First of all, people admitted to this country with nonimmigrant visas can legally own firearms if they have a valid hunting license from a state [1]. It does not have to be a firearm for hunting, so handguns are okay. However, the license MUST BE VALID. This is crucial because there are many ways to render a license invalid. A state may define residents differently in different contexts, and there are people getting into serious problems because their *resident hunting license* is considered invalid. Some states cancel a resident license when people move out or require some process to convert it to a non-resident one. Some states require hunting education, or a license is considered invalid. To be on the safe side, some people purchase an additional inexpensive non-resident license from states like North Dakota.

A notable exception is a state-level ban for nonimmigrants. As far as I know, Illinois is the only state that does this. On a related note, Washington requires a separate license for aliens to own firearms.

Generally, it is very easy to get into trouble as a nonimmigrant owning a firearm. My (non-legal) advice is to read federal and state laws very carefully and be very sure you know what you are doing. It is also a good idea to self-evaluate if you are generally a prudent person and, of course, likely to be a responsible owner. I would also avoid any grey areas (such as a "cleaver" interpretation of laws) that are not well established by cases or included in official guidelines.

It might be worth mentioning that illegal immigrants are banned with no exceptions.

2. Carrying
As to carrying firearms, it was smooth to get a license from Texas when I lived there. They handle it at the state level [2] and require proof of legal presence and a hunting license. After I moved to PA, they were also happy to issue me a non-resident license when I sent them a copy of my PA DL and hunting license. They will send us a letter when the hunting license on file is expired and request updated documents.

It was also a smooth experience to get one from Allegheny County here in PA [3]. I did not get it the same day, but it was sent to my mailbox in just two weeks. I saw people posting about another county refusing to issue one even for a resident alien, so your mileage may vary.

3. Purchasing
When it comes to purchasing one, it is up to the FFL if they want our business, and I have personal experience with some that do not. I may or may not agree with their reasons, but I respect their right as private business owners to not do business with anyone for any or no reason.

For us, the best bet would be to call them in advance to be sure. There are also some hooks in the paperwork we need to pay attention to. If for whatever reason one is mistakenly denied, it is crucial to appeal it before the deadline. Otherwise, the denial might pop up in some immigration processes and cause a big headache.

4. Some random notes:
A. In case these eventually get asked, "why are you not getting an immigrant visa" and *why do you need/deserve a firearm*. The answer is that the waitlist for an immigrant visa can be years long, to the point that the USCIS established ways to get around it to let people stay with nonimmigrant visas while waiting. Given the length of the period, we are likely to experience some situations where we feel that we are better protected with a firearm.

B. "Residency" is a word that means very different things in different contexts. For example, a resident alien for tax purposes might not be a permanent resident. One can also be a resident of a state before becoming a resident of the US for tax purposes. A resident is usually defined differently for a hunting license. If I understand it correctly, it is even different for the hunting license and the fishing license in PA. For US citizens, getting confused might get you a surprise state tax bill. For nonimmigrants owing a firearm, a surprise felony charge is possible.

C. There is a big pot of opinions towards firearms and another big pot for immigration. It gets quadratic when the two pots are mixed. For now, firearm ownership is more a privilege than a right for nonimmigrants as we need to be extremely careful to stay in the clear. We have no power (vote) to change it although we are making our contributions and paying taxes. I just want to remind you of our presence just in case you will be helpful in some circumstances. With that said, if you have different opinions, you have my equal and full respect.

Finally, again, my words are NEVER LEGAL ADVICE. However, feel free to ask for my personal experience or opinions if you are in the same boat or just for curiosity.

References:
[1] https://www.atf.gov/firearms/qa/may-...immigrant-visa
[2] https://www.dps.texas.gov/section/ha...plication-faqs
13. Can non-US citizens obtain an LTC?
Yes. Subject to the requirements of federal firearms law, and if not otherwise ineligible, resident aliens and certain nonimmigrant aliens who are lawfully present in the United States may obtain the license.
[3] https://sheriffalleghenycounty.com/firearms-faq/
I AM NOT A U.S. CITIZEN, BUT I AM A RESIDENT OF ALLEGHENY COUNTY. CAN I STILL OBTAIN A LICENSE TO CARRY?
Yes. However, the process of conducting the background check is much more involved for non-U. S. Citizens. Please realize that we must work with the F.B.I., as well as your country of origin. You WILL NOT receive your license the same day that you apply. Additionally, you must provide three consecutive months of the same utility bill or bank statement. You will be notified by mail of your denial or approval as quickly as we can determine it.

[JaySmith]

Sounds like you've been at it for a while. Out of curiosity, why not become a citizen? I did the entire thing myself for my wife and it wasn't crazy expensive if you don't get lawyers involved.

[Houstonian]

Sounds like you've been at it for a while. Out of curiosity, why not become a citizen? I did the entire thing myself for my wife and it wasn't crazy expensive if you don't get lawyers involved.

Thank you. I believe it'll be 5 years after I get the green card. I'm working on that with a lawyer now.