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Non-citizen or conditional resident and buying a gun question.

Old 06-07-2019, 05:14 PM
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Default Non-citizen or conditional resident and buying a gun question.

I have a friend that was here on a working visa, but he then applied for his residency.
He currently has a Conditional Resident status while the process is complete.

We have been looking into joining a practical shooting club, but not sure if he would even be allowed to buy a gun.

Does anybody know? I would think he would have to wait for his permanent residency right?

I'm not talking about carrying concealed or anything like that, just buy a gun to shoot at the range.

Last edited by emudryj; 06-10-2019 at 11:03 AM.
Old 06-07-2019, 05:36 PM
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Rent at range.
Old 06-07-2019, 05:44 PM
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Originally Posted by Schmaltz~Herring View Post
Rent at range.
Pistol Club runs out of a public range, no renting available. I guess that he could shoot one of my guns for a while, but he was eager to start building his own personalized setup.

I just wanted to confirm if anybody knew if my assumption about his temporary status was correct or not.

Old 06-07-2019, 06:00 PM
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He cannot legally buy a firearm.
Old 06-07-2019, 06:17 PM
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Originally Posted by chrispnet View Post
He cannot legally buy a firearm.
GOTCHA.. just wanted to make sure... I guess that our trip to the gun show tomorrow is going to feel like torture to him!!! LOL
Old 06-07-2019, 06:21 PM
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Originally Posted by emudryj View Post
GOTCHA.. just wanted to make sure... I guess that our trip to the gun show tomorrow is going to feel like torture to him!!! LOL
Private sales at gun shows are indeed interesting.
https://en.wikipedia.org/wiki/Gun_show_loophole
Old 06-07-2019, 06:27 PM
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Originally Posted by chrispnet View Post
He cannot legally buy a firearm.
That would be incorrect, I have a family member that a resident of the UK and a police officer, legally bought guns here and shipped them back to the UK.
Old 06-07-2019, 06:29 PM
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https://johnpierceesq.com/green-card...-and-firearms/

Not a lawyer but my understanding is green card holders can purchase firearms (unless otherwise prohibited)
Conditional holders look to have the right as well.

Your state and local laws might be more restrictive.
Old 06-07-2019, 06:30 PM
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Originally Posted by Reel 007 View Post
That would be incorrect, I have a family member that a resident of the UK and a police officer, legally bought guns here and shipped them back to the UK.
take it up with ATF. The law says citizen or permanent resident.
Old 06-07-2019, 06:38 PM
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I am not a Lawyer either but agree with Chrispnet. A conditional resident, IMO, would not be considered a permanent resident. As far as the UK resident who is a LEO, There are probably some provisions for having firearms shipped to another country as long as they aren't processed here.
Old 06-07-2019, 06:59 PM
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Originally Posted by conchydong View Post
I am not a Lawyer either but agree with Chrispnet. A conditional resident, IMO, would not be considered a permanent resident. As far as the UK resident who is a LEO, There are probably some provisions for having firearms shipped to another country as long as they aren't processed here.
Correct, the guns are purchase here package and shipped to a license dealer in the UK.
The broad statement was conditional residents cannot purchase firearms.
Old 06-07-2019, 07:01 PM
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Originally Posted by Reel 007 View Post
Correct, the guns are purchase here package and shipped to a license dealer in the UK.
The broad statement was conditional residents cannot purchase firearms.
The broad statement was HE cannot purchase a firearm. What your Limey cousin could do is not material. OP clearly said the desire is to purchase, possess and employ the gun here. Not some one-off bullshit.
Old 06-07-2019, 07:22 PM
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My daughter is an immigration attorney. No way to do so legally says she and adds that on the other hand, buying a handgun in this country is easier than buying illegal drugs, given the gun show and private sale opportunities, let alone the huge number of stolen guns on the street. Will be interested to see how long it takes your buddy to get a green card; the wait is as long as 20 years.
Old 06-07-2019, 07:29 PM
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Originally Posted by caltexflanc View Post
My daughter is an immigration attorney. No way to do so legally says she and adds that on the other hand, buying a handgun in this country is easier than buying illegal drugs, given the gun show and private sale opportunities, let alone the huge number of stolen guns on the street. Will be interested to see how long it takes your buddy to get a green card; the wait is as long as 20 years.
committing most crimes is pretty easy. Your daughter in the habit of entering into illegal firearm transactions?
Old 06-07-2019, 07:43 PM
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Atf_form_4473-firearms_transaction_record_5300_9revised_0.pdf
Old 06-07-2019, 07:47 PM
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Originally Posted by chrispnet View Post

committing most crimes is pretty easy. Your daughter in the habit of entering into illegal firearm transactions?
Nope, her clientele is almost all corporate, institutional and professionals. Her job is to help people get things done the right way. But she says you wouldn't believe what she sees in court while doing pro bono cases the stuff people get caught with, and doing.
Old 06-07-2019, 08:34 PM
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Originally Posted by caltexflanc View Post
My daughter is an immigration attorney. No way to do so legally says she and adds that on the other hand, buying a handgun in this country is easier than buying illegal drugs, given the gun show and private sale opportunities, let alone the huge number of stolen guns on the street. Will be interested to see how long it takes your buddy to get a green card; the wait is as long as 20 years.
Originally Posted by caltexflanc View Post
Nope, her clientele is almost all corporate, institutional and professionals. Her job is to help people get things done the right way. But she says you wouldn't believe what she sees in court while doing pro bono cases the stuff people get caught with, and doing.
Your daughter may be a good attorney but she doesnt know squat about buying drugs or guns and she needs to read up on immigration law. Tell her to read 8 USC 1216.1. She should be aware because she may deal with EB5 visa holders and they often get conditional resident status.

A person with Conditional Resident status has all the rights of a Green Card Holder(LPR legal permanent resident) because they are a green card holder. The only difference is a conditional green card expires in two years, at which time the marriage (most common but not only reason for conditional status) is verified and unconditional status is granted. Yes he can legally buy a firearm.

Illegal drugs are easy just about any neighborhood or any city corner if you know what your looking for. Illegal guns are a good bit harder you dont get those on the street corner without knowing someone. Buying used at a gun show is hit or miss. Depends on the guy selling but if hes legit hes gonna at least ask for

Last edited by nautiduck; 06-07-2019 at 09:36 PM.
Old 06-07-2019, 08:36 PM
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Where do you live? Let see be real, if not Cali or the northeast you walk into a gun show with cash in pocket and not looking like bin laden, you can easily leave with a legally purchased gun.
Old 06-07-2019, 08:50 PM
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Originally Posted by Double tyme View Post
Where do you live? Let see be real, if not Cali or the northeast you walk into a gun show with cash in pocket and not looking like bin laden, you can easily leave with a legally purchased gun.
Not my experience here in Fairfax County VA. All commercial vendors. No private party guys to speak of. You hardly could call it easy to go there to buy a handgun, and stumble into the guy trying to sell his Glock. More likely at the gun club swap meets, and mine ain’t all that excited about Strangers.
Old 06-07-2019, 09:00 PM
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Originally Posted by chrispnet View Post

Not my experience here in Fairfax County VA. All commercial vendors. No private party guys to speak of. You hardly could call it easy to go there to buy a handgun, and stumble into the guy trying to sell his Glock. More likely at the gun club swap meets, and mine ain’t all that excited about Strangers.
I agree. Virginia still has pretty liberal gun laws/sales via private party, but "most" sellers are cautious of selling to strangers that don't have a Voter Registration card or CCP. There's a strong wind to curtail our rights and most are working hard behind the scene to protect them. I've bought/sold many firearms via a popular Virginia private gun sale site. In some cases, I'll come to the sale site, take one look at the buyer and say, "son, there's no way I'm selling you one of my guns."

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