Resident Alien Pistol Purchase

Resident Alien Pistol Purchase

This is a discussion on Resident Alien Pistol Purchase within the General Firearm Discussion forums, part of the Related Topics category; All, I have a co-worker who has been in the US (from Manila) on a work Visa since 2005 (working towards his Green Card). He ...

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  1. #1
    Member Array Nosce Te Ipsum's Avatar
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    Resident Alien Pistol Purchase

    All,

    I have a co-worker who has been in the US (from Manila) on a work Visa since 2005 (working towards his Green Card). He is considered a Resident Alien (meets the time in country, pays the IRS, etc).

    Looking through Ohio and Federal laws, it seems to me that he should be able to legally purchase a pistol (he is pining for a Walther P22 in .22LR), but the guys at Targetworld disagree.

    Help me to help him understand - can he purchase legally under both Federal and State (Ohio) law? Could I legally purchase and then legally sell to him as a private citizen?

    I want to help him get this pistol the legal way, so he can join me in target shooting with his own gun.

    All help or advice (like a local lawyer knowledgeable in this kind of stuff) is greatly appreciated.

    Steve


  2. #2
    Distinguished Member Array morintp's Avatar
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    I definitely wouldn't buy it and then sell it to him privately until you get a clear answer from a reliable source regarding the legality of such a transaction. You don't need to become a felon and then not be able to buy guns yourself.

    As for the rest of it, I don't know and can't advise you. Although I though form 4473 had something on it regarding residency. If it does, maybe convince the guys at Targetworld to allow NICS to decide whether or not the guy can buy a gun.

  3. #3
    Member Array Southtexas's Avatar
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    I know he can get a rifle for hunting if he has a hunting liscence but I dont know about the pistol? I had the same question, just was not brave enough to post it. Hopefully an Ohio Lawyer or gun dealer can answer that for you.

  4. #4
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    No lawyer here but - an immigrant tho now an American.

    First - I'd strongly resist any temptation to buy and then sell or gift - IMO way too risky.

    I did not manage to start buying until I got my Green Card - early 2002 IIRC . after which it was OK here - altho I had to sometimes wait a bit longer re a NIC's check .... but usually my DL was all that was needed .... just entered the relevant INS bit on 4473 and quoted card info.

    My son was work Visa way back - but in fact did no gun buying himself till he had proper green card.

    I am not sure re who is right - Targetworld or state laws ....... but it sure does need well researched. Hope someone can add more than me but - I still think Green Card will be needed.
    Chris - P95
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  5. #5
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    My wife is a permanent resident (Applies for citizenship in Sept). I am fairly certain you have to have your Green card to own a firearm in the US
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

  6. #6
    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by Nosce Te Ipsum View Post
    Could I legally purchase and then legally sell to him as a private citizen?
    Steve
    No!
    That would be called a straw purchase...very illegal.
    Plus, you couldn't fill out the paperwork without lying...where it asks you if the purchase is for you.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  7. #7
    Member Array ttsail's Avatar
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    Quote Originally Posted by pgrass101 View Post
    My wife is a permanent resident (Applies for citizenship in Sept). I am fairly certain you have to have your Green card to own a firearm in the US
    My Wife though is now a Citizen was able to legally purchase her Glock 26 when she was a permanent resident.

  8. #8
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    The controlling issue is whether or not his visa is considered a "non-immigrant visa" (see the list of classes here: Immigration Classifications and Visa Categories)

    If his visa is a "non-immigrant" visa, then he cannot purchase or possess a firearm. Buying one for him would be a straw purchase, and a great way to get the inside tour of the federal prison system.

    Matt
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  9. #9
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    Does he have an Ohio D/L? Also, dont buy from Target World... They have a huge history have not having a clue. PM me, and I'll give you a good place to shop in the area.
    (and i promise it will save you a few bucks)

    Here is whats needed... an Ohio D/L
    Documentation showing three months of resident history (bills, rent/mortgage statements etc)
    Whatever document was issued with his alien ID number.

    He will get delayed in the backround check, but no worries, he can get it in a day or two.
    "Just blame Sixto"

  10. #10
    VIP Member Array friesepferd's Avatar
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    he should be able to. not sure of ohios exact laws. but have him go get a purchase permit. if they say no they say no.
    if u buy one and sell it to him and he wouldnt have been able to get one form a ffl, thats illegal. so just have him go try and do it. shouldnt be a problem
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  11. #11
    Member Array cupsz71's Avatar
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    Quote Originally Posted by pgrass101 View Post
    My wife is a permanent resident (Applies for citizenship in Sept). I am fairly certain you have to have your Green card to own a firearm in the US

    You DO.
    As a perminant resident myself (from Canada eh?) I had to provide my INS No# along with PROOF of residency for the past 90 days (copies of at least 3 different bills)

    The actual application process was fairly simple, and fast in my case. As a resident your INS# hits ALL FEDERAL databases when NIC does the BG check.

    FYI - as part of that 90 days proof....YOU CAN'T LEAVE THE COUNTY either. (found that out the hard way @ christmas) regardless of how many actual years you've lived here.

    Don't cheat. Let him go through the process, and if he really wants to live & work here legally....he has to DO IT THE RIGHT WAY. I did. (don't get me started on illegals......)

    Down to 2 months left before I can apply for my US. citizenship - remember those 90 days.......
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