Non-permanent Resident Gun Ownership in TN

[Guest argv]

Hi guys, I recently moved to the US to work in TN under a work visa (L1-B specialist, good for two years), which is neither a student visa nor a business visitor visa. I came from a country where the old men in power dislike the image of people gliding freely on motorbikes, so even motorbikes are practically banned in major cities, let alone firearms. They were among the major incentives for me to work hard to break out of the control of that government. Now I'm going to buy a bike very soon, but as to handguns I'm pretty much confused.

After doing some research, I'm quite certain that it's not possible for me to get a handgun carry permit. That's fine - I'd be perfectly happy with keeping some handguns in my apartment. Information on the internet about non-permanent resident gun ownership is too little. I've consulted a bunch of friends (none of whom happened to be a gun owner), and got confusing answers. Some told me that I had to be a home owner to legally possess a handgun, while others said permanent residency was a must.

I'd appreciate it if someone could give me some ideas~

[Oh Shoot]

....

After doing some research, I'm quite certain that it's not possible for me to get a handgun carry permit. That's fine - I'd be perfectly happy with keeping some handguns in my apartment. Information on the internet about non-permanent resident gun ownership is too little. I've consulted a bunch of friends (none of whom happened to be a gun owner), and got confusing answers. Some told me that I had to be a home owner to legally possess a handgun, while others said permanent residency was a must.

I'd appreciate it if someone could give me some ideas~

The HCP is probably a no-go, as you say. Law says:

"any resident of Tennessee who is a United States citizen or permanent lawful resident".

I'm assuming that the single word "permanent" will disqualify you, but don't take just MY word for it.

As for as simply buying a firearm, I couldn't find anything with the same language.

Obviously, some of the retail dealers on here will chime in on this, as I'm sure all of them will know.

Hang tight and I'm sure some will respond.

- OS

[canadienmike]

Most likely you won't be able to purchase a handgun. I'm a permanent resident and one of the first things I did when I got my green card was buy my xd9

When filling out the paper work for buying a gun, I seem to remember that there is a section that deals with non-permanent residents, but I think it's for pretty specific circumstances (I kind of just glanced over it since it no longer applied to me).

And I'm pretty sure a handgun permit is out completely. Until I got my green card, I couldn't even have a TN drivers license, only one of those driver certificates. That was a HUGE pain getting into bars and having to explain that I wasn't an American or a Mexican.

[saintsfanbrian]

Sorry, but per ATF Form 4473 :

Question 13 refers to nonimmigrant alien. If you are you must conform to Notice 6 exception 2 which has 3 parts.

Which is :

(1) you must be in possession of a huntin license or permit lawfully issued in the United States: (2) is na offical representative of a foreign government who as accredited to the United States Fobernment or their Government's mission to an internation organization having its headquarters in the United States or (3) has received a waiver from th prohibition from the Attorney General of the United States (See 18 .U.S.C 922 (y)(2) for additional exceptions.) Persons subject to one of these exceptions should answer "yes" to questions 12i and 13 and provide the documentation requested by question 18c.

[Oh Shoot]

Dunno why I got interested in this, but I did:

Ya know, it really DOES look like you could purchase firearms if you have a TN hunting license. Notice it makes no distinction between long guns and hand guns.

From federal FOPA:

(who cannot purchase firearms):

"Any alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa. The exception is if the nonimmigrant is in possession of a valid hunting license issued by a US state."

Now, to get a TN hunting license, there are more hoops to jump through, including residency/intent to stay, school enrollment, AND a social security number. From TWRA:

------

"Resident Licenses

Resident licenses can be purchased by:

• Persons who possess a valid Tennessee driver's license.
  
• Persons who have lived in Tennessee for 90 consecutive days with the genuine intent of making Tennessee their permanent home.
  
• Military personnel on active duty in this state and their immediate families, who reside with them, regardless of resident status.
  
• Students who are enrolled in a Tennessee school, college, or university for at least six months.
  

NOTE: A Social Security Number is required to purchase a

Tennessee hunting and fishing license."

--------

Okay, enough attorney impersonation for me, out of the discussion.

- OS

[Oh Shoot]

Duplicate post.

Edited October 1, 2008 by OhShoot
duplicate post

[fizik]

oh shoot

what about nonresident hunting licenses? i'm sure there are canadians and others hunting in the US, they have to have licenses, which (?) could allow them to buy firearms/

[Oh Shoot]

oh shoot

what about nonresident hunting licenses? i'm sure there are canadians and others hunting in the US, they have to have licenses, which (?) could allow them to buy firearms/

I dunno.

I've "lawyered" more than I should've already

I'm surprised none of our dealer have chimed in.

Y'all never had situation like this?

- OS

[Guest argv]

Guys, many thanks for your feedback.

OhShoot, it looks like I'll try the hunting license approach - I do have SSN and a valid TN driver license - very nice! The other thing I'm going to do is to order a copy of the book "Essential Guide to Handguns: Firearm Instruction for Personal Defense and Protection", and read through it so that my 1st purchase won't be too misguided. Thanks again~

[Guest jwp]

I don't know for sure, but I think the hunting license route only allows for the purchase of long guns.

[TGO David]

http://www.nraila.org/federalfirearms.htm

(5) who, being an alien:

(A) is illegally or unlawfully in the United States;or

( except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));

http://www.nraila.org/federalfirearms.htm

(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.:

(1) DEFINITIONS.:In this subsection:

(A) the term "alien" has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3));and

( the term "nonimmigrant visa" has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).

(2) EXCEPTIONS.:Subsections (d)(5)(, (g)(5)(, and(s)(3)((v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:

(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

( an official representative of a foreign government who is:

(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or

(ii) en route to or from another country to which that alien is accredited;

© an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State;or

(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

(3) WAIVER.:

(A) CONDITIONS FOR WAIVER.:Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if:

(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph ©;and

(ii) the Attorney General approves the petition.

( PETITION.:Each petition under subparagraph ( shall:

(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph;and

(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(, otherwise be prohibited from such acquisition under subsection (g).

© APPROVAL OF PETITION.:The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)( with respect to the petitioner:

(i) would be in the interests of justice;and

(ii) would not jeopardize the public safety.

Red emphasis = mine.

It appears that an alien here has a legal avenue to own a firearm. But I would contact the BATFE branch office nearest you and ask for written clarification. Despite common assumptions to the contrary, the BATFE agents that I have had the pleasure of interacting with have all been very helpful and cordial. Just be sure that you get a written statement that it is permissible for you to own a handgun. Verbal statements aren't worth the air dispelled to make them.

Good luck

[JeffsSig]

Good info........

[DaveTN]

The other thing I'm going to do is to order a copy of the book "Essential Guide to Handguns: Firearm Instruction for Personal Defense and Protection", and read through it so that my 1st purchase won't be too misguided. Thanks again~

Don’t look to the internet or a book for legal advice when it comes to firearms. If you submit a question in writing to the ATF; they will reply with a written response. This doesn’t mean that you still won’t be arrested; but at least you will have a defense.

That will provide an answer for Federal law; then all you have to do is get an answer on Tennessee state law.

Here is a link the FAQ section of the ATF that addresses both Non-Immigrant aliens and Permanent resident aliens.

http://www.atf.treas.gov/firearms/faq/faqindex.htm

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:

1. 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
   
2. 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.

I would look into pursuing this….

(R3) How do I obtain a waiver from the Attorney General?

You should contact ATF’s Firearms Programs Division for information on that procedure. However, in order to apply for the waiver you must have resided in the United States continuously for at least 180 days prior to submitting your application.