Green Cards and Pistol permits

[Chucky]

This falls in the WTF categorie. The guy that takes my post at end of shift is from Haiti. In small talk he told me he was here on a green card. It never occurred to me that he was not a citizen of some sort. I asked the guy that replaces me on weekends a 23 year full time cop if this was possible. He said no except for people coming here to hunt from abroad. And that is a temp permit. Still not sure I Googled it and in many states they can.

As a disabled combat vet and born and raised here I had a very in depth background check as most of you had. So how do they do a check on someone from a country that hasn't had a stable gov in hundreds of years?

[Minneapolis Security]

What is his legas status?

OMB Number 1512-0129

June 16, 2000


Dear Federal Firearms Licensee:

In an open letter, dated November 18, 1998, we notified you that a recent amendment to the Federal firearms laws prohibited the transfer to and possession of firearms and ammunition by aliens admitted to the United States under a nonimmigrant visa. This letter provides some additional guidance about this amendment and how it affects your conduct of business.

The amendment applies to any alien in the United States in a nonimmigrant status, whether or not that alien was required to obtain a visa to enter the United States. Some examples of aliens in a nonimmigrant status are persons travelling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a residence abroad, and temporary foreign workers. Permanent resident aliens are not subject to this new prohibition.

There are exceptions to this new prohibition. One such exception – the exception you will most likely encounter – is for a nonimmigrant alien holding a hunting license or permit lawfully issued in the United States. The other exceptions may be found in Section 922(y)(2) of the Gun Control Act of 1968, as amended. (Section 922(y)(2) is on page 15 of ATF's Federal Firearms Regulations Reference Guide - ATF P 5300.4, January 2000.)

We are in the process of changing the Firearms Transaction Record (ATF Form 4473) to address this prohibition. However, until the new form is published, we request your assistance to ensure that prohibited nonimmigrant aliens do not obtain a firearm or ammunition from you. Specifically, we suggest that you ask any person who answers "No" to Item 9(l) on the ATF Form 4473 – which asks "Are you a citizen of the United States?" – whether he or she is a permanent resident alien or a person in a nonimmigrant alien status. If the person is a nonimmigrant alien, we recommend that you try to determine whether any of the exceptions to the prohibition apply. If the nonimmigrant alien says that he or she has a hunting license or permit, we suggest that you ask to see it and copy it for your records.

We remind you, however, that even if a nonimmigrant alien qualifies for an exception to the prohibition, that person must still satisfy the State residency requirement in order to lawfully purchase a firearm from you. See Item 9(m) on the Form 4473. You may not lawfully sell a firearm to a person who is not a resident of a State. An alien is only considered a resident of a State if he or she has resided in the State for at least 90 days prior to the date of the sale of the firearm.

If you have reasonable cause to believe that an alien is subject to the nonimmigrant alien prohibition or if an alien cannot satisfy the State residency requirement, you should end the transaction without contacting NICS or your State POC.

If, however, you believe the alien is qualified to lawfully receive or possess a firearm, you may proceed with the transaction by contacting NICS or your State POC. Because the purchaser is an alien, NICS may provide a delay response. If so, a NICS examiner may call you and ask some or all of the following questions –

Is the purchaser a United States citizen?
Has the purchaser provided an alien registration number?
Has the purchaser provided proof of 90-day residency in a State? (The answer always should be "yes".)
Has the purchaser provided a valid state hunting license or permit?
It is likely that a State POC will follow the same or similar procedure. If NICS or your State POC issues a denial within three (3) business days or before you have transferred the firearm, you may not lawfully transfer the firearm to the purchaser. This is the case even if you have seen documentation – for example, a hunting license – that demonstrates that the purchaser qualifies for one of the exceptions. Remember that a denial could be based on the fact that the purchaser is subject to one of the other prohibitions, such as the prohibition for convicted felons.

We realize that this letter will not answer all of your questions regarding the nonimmigrant prohibition. The revised Form 4473 will provide further guidance. In the meantime, if you have any questions about this issue, please contact your local ATF office.

Sincerely yours,


John P. Malone

Assistant Director

(Firearms, Explosives and Arson)


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[SgtUSMC8541]

Sounds more like he has a work visa. Having a "Green Card", Resident Alien card is very diffrent. There are requirements and background checks done before someone can get one.

And if you have a green card, I think you should be aloud to get a pistol permit. People with "Green Cards" can serve in the US Military. Most states do alow "Resident Aliens" to have pistol permits.
I have a green card.
I am not American.
I served 14 years in the US Marines.
I fought in Iraq.

If I pass the back ground check, should I not be aloud a pistol permit?

[Curtis Baillie]

I've got to ask. After spending 14 years in the Marines, why did you get out with only 6 years left for 20? Email or PM me if you want.

Semper Fi
G 2/9
67-68

[SgtUSMC8541]

I've got to ask. After spending 14 years in the Marines, why did you get out with only 6 years left for 20? Email or PM me if you want.

Semper Fi
G 2/9
67-68

My twins were born when I was in Iraq. The doctor "made an error" during the birth. My daughter is fine, but my son suffered brain damage and now has Cerebral Palsy. (yes there is a lawsuit pending) Will never talk or walk. He can not swallow and must be fed through a “G/J Tube” in his abdomen. He need 24 hour supervision, some of it by RNs and LPNs.

If my son was healthy, I would still be in. Hell, I would be on my second or third deployment by now. The Marine Corps was my LIFE, but my son comes first.

Semper Fi
Scout Sniper Plt, 2/25

[Curtis Baillie]

Thanks for the response. I fully understand. Happy Father's Day.

[SgtUSMC8541]

Thanks. Hey it is what it is..... on the "cool" side, my daughter was born at 0311 in the AM. That was my primary MOS before I picked up my secondary!

[Andy Taylor]

SGTUSMC, thank you for your service. I will say a prayer for your son.

A green card is what my grandmother always called her permanent resident card.

She lived in the states from '45 until she went back to Canada in '85. She passed away in '86.

[Curtis Baillie]

Thanks. Hey it is what it is..... on the "cool" side, my daughter was born at 0311 in the AM. That was my primary MOS before I picked up my secondary!

0311 was my primary, then 0341, then I went into the embassy program.

[SgtUSMC8541]

0311 was my primary, then 0341, then I went into the embassy program.

Nice.

0311 then secondary 8541 and 8531. The 8541 is the main one!

Embassy is a great gig. Had a few friends that did it and we worked with them a few times.

[N. A. Corbier]

Embassy detail is the MSGB, right?