Federal Law regarding legal residents and firearms ownership?

[ROCK-IT3]

I have a friend who is a legal resident, here on asylum from Russia, who is still waiting for his Green Card application to be approved. He has been here for about 6 years, working and supporting his family. Can he legally purchase a firearm? Please post references to the law if possible. Thanks.

[Rosco the Iroc]

How exactly is he "legal" Does he have a visa? What is his immigration status?

Google is your friend.
https://www.atf.gov/questions-and-answers/firearms-qas

[gnbrotz]

How exactly is he "legal" Does he have a visa? What is his immigration status?

"Asylee" is a defined legal status which allows the asylee to live and work legally here and provide an eventual opportunity to apply for lawful permanent residence (Green Card) as well as citizenship.

[gnbrotz]

I have a friend who is a legal resident, here on asylum from Russia, who is still waiting for his Green Card application to be approved. He has been here for about 6 years, working and supporting his family. Can he legally purchase a firearm? Please post references to the law if possible. Thanks.

IMO, he can legally purchase, and also qualify for a LTCF.

https://www.atf.gov/firearms/qa/may-...%20or%20permit.

I know Xringshooter has done many transactions for non-citizens. Not sure if he has ever encountered an "Asylee", but he's probably more familiar with a variety of "non-citizen" gun questions than anyone here I can think of.

[ROCK-IT3]

IMO, he can legally purchase, and also qualify for a LTCF.

https://www.atf.gov/firearms/qa/may-...%20or%20permit.

I know Xringshooter has done many transactions for non-citizens. Not sure if he has ever encountered an "Asylee", but he's probably more familiar with a variety of "non-citizen" gun questions than anyone here I can think of.

Thanks. There is also this: https://www.atf.gov/firearms/qa/may-...grant-visa-and
I believe he falls under the second paragraph, if he in fact is a nonimmigrant alien as an asylee.

[gnbrotz]

Thanks. There is also this: https://www.atf.gov/firearms/qa/may-...grant-visa-and
I believe he falls under the second paragraph, if he in fact is a nonimmigrant alien as an asylee.

I am by no means an expert on immigration law, but I'm mentally distinguishing between the 2 different statuses, where one person cannot be both a "non-immigrant alien" and an "asylee".

Non-immigrant aliens come here (in theory) to work or attend school for a short time, with no intention of staying.

An asylee, especially one like your friend, who has already applied for a Green Card, clearly has the intention of staying here.....the text book definition of "immigrant."

[ROCK-IT3]

I am by no means an expert on immigration law, but I'm mentally distinguishing between the 2 different statuses, where one person cannot be both a "non-immigrant alien" and an "asylee".

Non-immigrant aliens come here (in theory) to work or attend school for a short time, with no intention of staying.

An asylee, especially one like your friend, who has already applied for a Green Card, clearly has the intention of staying here.....the text book definition of "immigrant."

Yes, I agree. The definition of non-immigrant alien is just that, "tourists, students, business travelers and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents."
He has established residency and applied for a Green Card, but in his case at least, the process takes years.

[Xringshooter]

As long as he has the paperwork and an immigration number (I-94, AR, or USCIS (U.S. Citizenship and Immigration Services)) he can legally purchase a firearm. As long as the BGC comes back approved he is fine. When calling in for the BGC, the FFL will have to talk to a PICS operator to give them all the information about the buyer. The PICS operator then queries the INS and DHS systems to insure all is correct with the buyer. This query may take 5 mins or 5 days depending on what is going on at the INS or DHS.

IANAL, just an FFL who does a lot of these types of transfers for the foreign national students attending PSU Main Campus (most are Chinese but I also have a few Europeans and other Asians.)

[ROCK-IT3]

As long as he has the paperwork and an immigration number (I-94, AR, or USCIS (U.S. Citizenship and Immigration Services)) he can legally purchase a firearm. As long as the BGC comes back approved he is fine. When calling in for the BGC, the FFL will have to talk to a PICS operator to give them all the information about the buyer. The PICS operator then queries the INS and DHS systems to insure all is correct with the buyer. This query may take 5 mins or 5 days depending on what is going on at the INS or DHS.

IANAL, just an FFL who does a lot of these types of transfers for the foreign national students attending PSU Main Campus (most are Chinese but I also have a few Europeans and other Asians.)

Thanks Xringshooter. I am not sure which type of paperwork or number he has, but I will find out.

So here's the thing, a few years ago he purchased a firearm with no issues, passed the BGC, etc., and possesses the firearm now. A few months ago he tried to purchase another and was denied. He did not appeal it, he was at a loss as to how to proceed. Then, after several months, he received a phone call from the State Police in the state he resides in, telling him he committed a crime by trying to purchase a firearm and lying about his citizenship status. They threatened him to the affect of if he tried again to purchase a firearm he would be prosecuted. My friend did not lie on any form, and knows he is legal to purchase a firearm. I think it was an idle or ignorant threat from someone who does not know the Federal law, but when he tried to explain his status, they would not back down and admit their error, and so they threatened him with arrest and prosecution. He just wants to be sure before he proceeds.

[gnbrotz]

Thanks Xringshooter. I am not sure which type of paperwork or number he has, but I will find out.

So here's the thing, a few years ago he purchased a firearm with no issues, passed the BGC, etc., and possesses the firearm now. A few months ago he tried to purchase another and was denied. He did not appeal it, he was at a loss as to how to proceed. Then, after several months, he received a phone call from the State Police in the state he resides in, telling him he committed a crime by trying to purchase a firearm and lying about his citizenship status. They threatened him to the affect of if he tried again to purchase a firearm he would be prosecuted. My friend did not lie on any form, and knows he is legal to purchase a firearm. I think it was an idle or ignorant threat from someone who does not know the Federal law, but when he tried to explain his status, they would not back down and admit their error, and so they threatened him with arrest and prosecution. He just wants to be sure before he proceeds.

All of this in Pennsylvania?

I don't doubt any of it, but I'd like to think that any such "official" phone call would be followed up by something in writing too. Also, I think you're friend dropped the ball just a bit when not following up with the previous denial. I get that he is likely very unfamiliar with the way things work here, but when the government interferes with me, I want to know, in writing, the chapter and verse I'm violating. And then I'm going to follow up with a lawyer. Immediately.

"You broke the law and we'll crush you if you do it again", when I know the basis for their claim is absolutely false doesn't fly with me. Even though he's not a citizen yet, he has rights.