Question about non citizens

Question about non citizens

This is a discussion on Question about non citizens within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I wanted to double check this before I do this but I see no reason why it would not be legal. Is it legal for ...

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Thread: Question about non citizens

  1. #1
    me [OP]
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    Question about non citizens

    I wanted to double check this before I do this but I see no reason why it would not be legal. Is it legal for me to take a foreign citizen to the range with me to shoot? This individual is here legally on a student visa.
    Mark

    "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."

    -James Earl Jones


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    Senior Member Array AirForceShooter's Avatar
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    You're fine.
    Make another convert.

    AFS
    Gun control is hitting what you aim at

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    Senior Member Array DMan's Avatar
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    I have taken several Canadians, one english women, and a German to the range (all on different days). There isn't an issue, just hope they are not on some terrorist watch list.
    "Gun Free Zones" is where only criminals carry guns.

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    Well, I don't know for sure, but I know that foreign students are allowed to take shooting classes at school here. So I would think that you are ok.
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

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    OK I plan to ake an Aussie. He was spouting their redoric today then when I asked he admitted he had never shot but would like to. My responce "We am going Saturday and you are welcome to join us." He is going to take us up on the offer.
    Mark

    "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."

    -James Earl Jones

  6. #6
    Member Array Harold Fastwaker's Avatar
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    I think as long as he is 21 if its a hand gun. I know you can shoot in VA at 18, 21 to buy handguns but the range I shoot at refused my buddy who was 20. Said they would only let him shoot if he was with his father. Said his age was to close for mine and they don't want the responsibility.


    The ranges I have been to don't ask for a license if you are shooting with a member. They just ask for your age if you are with friends.

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    Actually, a non-resident alien cannot possess a firearm at any time without special dispensation under 18 USC 922 (y)(2). This includes renting one at a range, per Jon Gutmacher (Florida Firearms, pg. 29)

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    Senior Member Array Timmy Jimmy's Avatar
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    I am not a lawyer but here is the law and I read it that since the Aussie is not here illegally he is fine:

    who, being an alien—
    (A) is illegally or unlawfully in the United States; or
    (B) 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)));
    and then

    (2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(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;
    (B) 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;
    (C) 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.
    Timmy Jimmy

    If it is not in the US Constitution then the Federal Government should not be doing it.

    "Carrying a gun is a social responsibility."

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    Senior Moderator
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    If he is here on a student visa, he is covered by

    "(B) 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)));"

    Unless he is also an accredited government official, or here to hunt and in possession of a hunting license, then he is prohibited from possessing a firearm.

    Not my interpretation (and one I don't like at all), but that of Mr. Gutmacher, who is a lawyer.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    me [OP]
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    Ok with this information I think I will error on the side a caution. I am gonna let him know the way I read US law he may not be able to and I do not want to put him or us in any possible jeopardy for letting him shoot. Thanks for the help.
    Mark

    "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."

    -James Earl Jones

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    I think Possesing means ownership. We may want to look that a bit deeper.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

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    Senior Member Array Timmy Jimmy's Avatar
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    Call the range I am sure they will know the law better than I do!
    Timmy Jimmy

    If it is not in the US Constitution then the Federal Government should not be doing it.

    "Carrying a gun is a social responsibility."

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    Ok so I found out that he planned to backout on the trip anyway. He told me as I told him I was going to error on the side of caution on the law
    Mark

    "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."

    -James Earl Jones

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    Aliens at the Range

    Thank you Timmy, etal, for elucidating the issue.

    I took a friend to the range a coupla weeks ago. He's an engineer, originally from India, and had never even SEEN a gun before ("even the police in India, except for the senior officers, don't carry one"). Long story short, he had a good time. Didn't care much for the snubby (S&W M60-14), even when firing target .38 Spl ammo, but my el cheapo SA revolver (Rohm Model 66), firing 22 Magnums, was enjoyable for him.

    Don't know yet if I've brought him 'over to the dark side,' yet, but he seems open to the idea of firearms for personal protection.

    "History repeats itself." -- Thucydides

    "We have a saying: From this **** may verdure come (i.e., all kinds of people turn out to have a use)." -- Sheri S. Tepper

    "In the beginning of a change, the patriot is a scarce man -- brave, hated and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a patriot." -- Mark Twain

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