Shooter Wasnt American Citizen
he was a chinese citizen here in america on a student visa. does anyone know if you can legally purchase a firearm with that status ?
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This is from the ATF web site:
R1) May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?
Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.
There are exceptions to this general prohibition. The exceptions are as follows:
nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;
nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the collection, competitive use or other sporting use of firearms;
certain diplomats, if the firearms are for official duties;
officials of foreign governments, if the firearms are for official duties, or distinguished foreign visitors so designated by the U.S. State Department;
foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and
persons who have received a waiver from the prohibition from the U.S. Attorney General.
Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Department of Homeland Security (formerly the Immigration and Naturalization Service) AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 consecutive days immediately prior to the firearms transaction.
[18 U.S.C. 922(g)(5)(b) and 922(y), 27 CFR 478.124, ATF Rul. 2004-1]
(R2) Typically, who are "nonimmigrant aliens?"
In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. Permanent resident aliens often are referred to as people with "green cards."0 -
Saw on another website that the media is talking about a dreaded gunshow close to Blacksburg recently and that they are already speculating that he aquired the gun there. 0 -
So, based on that, I can get a hunting license by attending a hunter safety course and showing my Student ID, then with the hunting license I can buy a gun? Sounds like a pretty big loophole there. 0 -
How was the OP being "HATEFUL"? 0 -
quote:Originally posted by ljwrench
Saw on another website that the media is talking about a dreaded gunshow close to Blacksburg recently and that they are already speculating that he aquired the gun there.
You can always count on the media to take speculation one step further than any of us would think of.
I'm sure some peon was given the task to start surveying an expanding radius around the town until the last gun show was found and then got a pat on the back for it once he found it. "Great job son. This surely is newsworthy." [V]0 -
quote:Originally posted by HandgunHTR52
So, based on that, I can get a hunting license by attending a hunter safety course and showing my Student ID, then with the hunting license I can buy a gun? Sounds like a pretty big loophole there.
I doubt that a student ID would be sufficent to purhcase a firearm and you'd likely need to have some sort of government issued ID like a drivers license or state issued ID card that could be used for the Brady check. If he bought his gun(s) at a gun show without a background check or from a private party then look out because that will be big trouble for gun shows around the country.0 -
quote:Originally posted by kristov
There are exceptions to this general prohibition. The exceptions are as follows:
nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;
According to this, all you need to get a gun is a valid hunting license.
All you need to get a hunting license is a valid hunter education card and a Student ID from a school in the state that you are getting the license for.
Using that logic it really isn't hard for an alien who wants one, to get a gun legally.0 -
(D5) Is a Social Security card a proper means of identification for purchasing a firearm from an FFL? [Back]
No. A Social Security card, alien registration card, or military identification alone does not contain sufficient information to identify a firearms purchaser. However, a purchaser may be identified by any combination of government-issued documents which together establish all of the required information: Name, residence address, date of birth, and photograph of the holder.
Would a student ID card be considered a government issued ID?0 -
quote:Originally posted by kristov
(D5) Is a Social Security card a proper means of identification for purchasing a firearm from an FFL? [Back]
No. A Social Security card, alien registration card, or military identification alone does not contain sufficient information to identify a firearms purchaser. However, a purchaser may be identified by any combination of government-issued documents which together establish all of the required information: Name, residence address, date of birth, and photograph of the holder.
Would a student ID card be considered a government issued ID?
It depends on the school, and who their operating body is. For example, a public school funded and operated by a governmental body vs. say a private or religeous based school funded and operated by an independent source.0
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