Buying a firearm in Texas.

[Mike & Celeste 2]

I’m a K1 visa holder currently waiting on my AOS. 
filed for AOS in Feb and did biometrics in March. 
 

I’m curious if I would be permitted to purchase a handgun or if I legally need to wait until I receive my green card. The atf form is a bit confusing with regard to immigration status as the k1 is a non-immigrant visa but with an immigrant AOS file under processing. 
 

thanks. 

[powerpuff 5,916]

~~ Topic moved from K1 forum to Moving to the US & Your New Life in America as the question is not about the K1 process ~~

[Crazy Cat 39,350]

44 minutes ago, Mike & Celeste said:

I’m a K1 visa holder currently waiting on my AOS. 
filed for AOS in Feb and did biometrics in March. 
 

I’m curious if I would be permitted to purchase a handgun or if I legally need to wait until I receive my green card. The atf form is a bit confusing with regard to immigration status as the k1 is a non-immigrant visa but with an immigrant AOS file under processing. 
 

thanks. 

Individual State laws apply to gun purchases.  I have read that, if you can prove immigrant status, you can in Texas......but, imo, you are not technically or legally an immigrant until you get a green card.  Just my opinion....others might disagree.  

A K-1 and pending I-485 shows immigrant intent...but not immigrant status.

Edited May 30, 2022 by Crazy Cat

[JeanneAdil 6,216]

Federal laws say:

 

Only citizens, U.S. nationals, and lawful permanent residents in the U.S. can purchase guns freely. This is subject to local, state, and federal restrictions. Non-immigrant aliens that are not lawful permanent residents can't purchase guns in the U.S. They can borrow or rent a gun, but they can't purchase one.

 

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

 

https://en.wikipedia.org/wiki/Gun_laws_in_Texas

 

has charts for who can buy ,  own and carry

 

your USC spouse can own one 

and a rifle or shotgun  kept inside the house can protect family 

 

permits and licenses are needed to carry a handgun /special permit for concealed hand gun 

and most states do not allow u to go from state to state with a hand gun

u need to know your state rules and the rules of surrounding states

 

Examples:

i own a hand gun

i keep it locked in the house as i do not have a permit to carry

even if i go to the gun range to practice ,  i must take it there in a locked box

and each state is so very specific,  for another examples NYC residents are not allowed to own one unless law enforcement

 

when u buy one,  make sure the dealer is legal and has a permit to sell ,  learn the federal laws,  follow Texas laws within that state

[Boiler 43,558]

I would expect you will need your GC

[Verrou 1,899]

You cant buy a gun with your status right now. I have my own personal rifle and pistol that I use but its all under my USC husband’s name. I live in Maine so I can operate / use it. Its all states law specific. 
 

[Family 3,518]

A word of caution to your future as an LPR….sometimes good people find themselves  in  wrong place , at the wrong time or wrong company….

 

“ Almost any offense involving firearms will cause a permanent  resident to be deportable. In addition, certain offenses that relate to firearms or ammunition are aggravated felonies….”

 

 

https://www.ilrc.org/sites/default/files/resources/n.12-fireams_0.pdf

[African Zealot 1,453]

Are you trolling? Just asking because the timing of the question is bit……🤷🏽‍♂️

Edited May 31, 2022 by African Zealot

[LIBrty4all 3,749]

On 5/30/2022 at 11:06 AM, JeanneAdil said:

Only citizens, U.S. nationals, and lawful permanent residents in the U.S. can purchase guns freely. This is subject to local, state, and federal restrictions. Non-immigrant aliens that are not lawful permanent residents can't purchase guns in the U.S. They can borrow or rent a gun, but they can't purchase one.

 

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

 

https://en.wikipedia.org/wiki/Gun_laws_in_Texas

 

has charts for who can buy ,  own and carry

 

your USC spouse can own one 

and a rifle or shotgun  kept inside the house can protect family 

 

permits and licenses are needed to carry a handgun /special permit for concealed hand gun 

and most states do not allow u to go from state to state with a hand gun

u need to know your state rules and the rules of surrounding states

 

Examples:

i own a hand gun

i keep it locked in the house as i do not have a permit to carry

even if i go to the gun range to practice ,  i must take it there in a locked box

and each state is so very specific,  for another examples NYC residents are not allowed to own one unless law enforcement

 

when u buy one,  make sure the dealer is legal and has a permit to sell ,  learn the federal laws,  follow Texas laws within that state

Close, but... 

First, a non-immigrant visa holder CAN buy a gun, as long as they meet the requirements of the USC as you mentioned in paragraph #2.  The part I highlighted in red is only partially accurate.  18 U.S.C. 922(y)(2) states:  

 

Quote

 

(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;

 

This allows a non-immigrant alien to purchase or own a gun is said alien has a hunting license.  

Second, as to the purple part, this is also inaccurate.  MANY states have reciprocity for crossing state lines while carrying a concealed weapon.  
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/ 

 

Third, the green text, a locked box is for safety, and is not required either in your house nor to transport a gun to a range.  Most states have a rule that such transport has the gun in a case (not locked) and not within reach of the occupants of the vehicle (such as in the trunk).

 

Lastly, as to the yellow part - residents have always been able to own guns, but recently the right to carry, restricted by a New York "law" that has always been unconstitutional, was recently struck down.  Now they can both own and carry concealed (though NY is passing more "laws" to restrict places where guns can be carried.
 

Edited July 21, 2022 by LIBrty4all

[JeanneAdil 6,216]

8 hours ago, LIBrty4all said:

Close, but... 

First, a non-immigrant visa holder CAN buy a gun, as long as they meet the requirements of the USC as you mentioned in paragraph #2.  The part I highlighted in red is only partially accurate.  18 U.S.C. 922(y)(2) states:  

 

This allows a non-immigrant alien to purchase or own a gun is said alien has a hunting license.  

Second, as to the purple part, this is also inaccurate.  MANY states have reciprocity for crossing state lines while carrying a concealed weapon.  
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/ 

 

Third, the green text, a locked box is for safety, and is not required either in your house nor to transport a gun to a range.  Most states have a rule that such transport has the gun in a case (not locked) and not within reach of the occupants of the vehicle (such as in the trunk).

 

Lastly, as to the yellow part - residents have always been able to own guns, but recently the right to carry, restricted by a New York "law" that has always been unconstitutional, was recently struck down.  Now they can both own and carry concealed (though NY is passing more "laws" to restrict places where guns can be carried.
 

i quoted law specific to the county he was in

[LIBrty4all 3,749]

26 minutes ago, JeanneAdil said:

i quoted law specific to the county he was in

What law specific to his county?  The wikipedia link?  The only law I saw quoted (which contradicted the statements just above it) was 18 USC, a federal law.

[Kai G. Llewellyn 823]

On 5/30/2022 at 6:27 AM, Mike & Celeste said:

I’m a K1 visa holder currently waiting on my AOS. 
filed for AOS in Feb and did biometrics in March. 
 

I’m curious if I would be permitted to purchase a handgun or if I legally need to wait until I receive my green card. The atf form is a bit confusing with regard to immigration status as the k1 is a non-immigrant visa but with an immigrant AOS file under processing. 
 

thanks. 

Unless your state has something like an 'alien firearms license' like WA does, then probably not. And even then I don't think a WA AFL covers handguns tbh. You'd need to wait until your AoS completes.

Edited July 21, 2022 by Kai G. Llewellyn

[LIBrty4all 3,749]

9 hours ago, Kai G. Llewellyn said:

Unless your state has something like an 'alien firearms license' like WA does, then probably not. And even then I don't think a WA AFL covers handguns tbh. You'd need to wait until your AoS completes.

Please read the whole thread.  Your information is inaccurate.

[Kai G. Llewellyn 823]

2 hours ago, LIBrty4all said:

Please read the whole thread.  Your information is inaccurate.

I did, please explain which aspect of my information which I was referring specific to WA is inaccurate.  I recognize that other states/counties have their own laws on this.

[LIBrty4all 3,749]

17 minutes ago, Kai G. Llewellyn said:

I did, please explain which aspect of my information which I was referring specific to WA is inaccurate.  I recognize that other states/counties have their own laws on this.

A) He's not in WA

2) Post #9

(S)he doesn't need to wait for AOS, unless they choose to. There is a simpler path.