Wife is non-citizen. Firearms ID Card Application?
I have a question that I can't seem to find the answer to anywhere. My wife has been a NJ resident for two years but is from China and not a citizen yet. She is very interested in shooting with me and I want to make it official and take her to get her Firearms Card.
It asks on the application "U.S. Citizen. Yes / No?" but it doesn't clarify if it's a disqualification. Does anyone know?
Thanks in advance.
In most places in the US, I think you have to be a citizen to purchase handguns. You would have to call the issuing authority there to find out for sure there.
The good thing is that citizen or no, I don't see why citizenship status would bar her from going shooting with you.
I believe you can as long as you have a green card. You'd obviously have to be otherwise able to purchase one...I'd get with the ATF or a knowledgeable dealer to be sure.
It is legal for resident aliens to purchase firearms under federal law: http://www.atf.treas.gov/firearms/faq/faq2.htm#b13.
New Jersey law may be more difficult, however.
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Read the following:
Originally Posted by PanaDP
...A few days later, Moussaoui left for New York, where the FBI found him and interviewed him for nearly four hours about Megahed and Mohamed, according to trial testimony. During the interview, Moussaoui told agents he had gone to a shooting range
with Megahed and had taken pictures, Moussaoui and FBI Agent Steven Sorrells testified.
Moussaoui, a citizen of Morocco who was studying at the University of South Florida, is charged with possessing a firearm in violation of his student visa as a result of that visit to Shoot Straight Tampa. He could face up to 10 years in prison.
There's got to be more behind this story than what we know as up at my range they intertain foreigners all the time. That's like 50% of their business this time of the year.
Most ranges don't check ID. Its your problem if you are caught, not the range.
Originally Posted by Baldy
He owned his weapon. I said it shouldn't be a problem if she goes to shoot with him. Those are different things.
Moussaoui is in violation of Title 18, United States Code, Section 922(g)(5)(B) (receiving or possessing any firearm, being a person admitted to the United States under a nonimmigrant visa as defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 11 01 (a)(26))).
Originally Posted by PanaDP
Per the criminal complaint filed in US District Court, Tampa
7. An employee from SHOOT STRAIGHT GUN and ARCHERYRANGE, 3909 North Highway 301, Tampa, Florida, told the FBI that on July 11, 2007, MOUSSAOUI, MEGAHED and AHMED A. SHERIF MOHAMED visited that range. Records there reflect that MEGAHED rented a Glock 17, 9mm. handgun
on that date.
8. SHOOT STRAIGHT records also indicated that on July 11, 2007, MEGAHED signed a range membership agreement with SHOOT STRAIGHT GUN and ARCHERY RANGE.
9. Another SHOOT STRAIGHT GUN and ARCHERY RANGE employee advised that on July 19. 2007. MEGAHED rented a Walther G22 rifle and a Smith & Wesson .22 caliber handgun
. During his firing of the guns, the Walther became unserviceable and MEGAHED was issued a 9mm. Glock 19 to continue firing. A surveillance video which SHOOT STRAIGHT provided to the FBI shows MOUSSAOUI and others entering that range on that date.
10. During later exploitation of a computer which agents found at the residence of YOUSSEF MEGAHED, FBI JTTF agents found pictures of MOUSSAOUI standing at a firing lane, possessing a shoulder fired weapon
and wearing the type of hearing protection shooters use at a shooting range. The I photograph depicts him holding a firearm that is consistent in appearance with one of the firearms which MEGAHED had rented at the SHOOT STRAIGHT range on July 19, 2007. The surrounding area in the photograph appears to be that of the shooting range at SHOOT STRAIGHT. Moreover, the clothing that MOUSSAOUI is wearingin that photograph is consistent with the clothing which he is wearing in the July 19, 2007 surveillance video from SHOOT STRAIGHT surveillance cameras.
....is charged with possessing a firearm in violation of his student visa....
B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]
Yes, a person who –
....(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;....
and i believe here is the rub. not that he is a resident alien, but that the use thereof violated the rules OF THE VISA of his residency. don't know how that will effect the OP's wife though.
B13) May aliens legally in the United States buy firearms?[Back]
An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.
See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
Last edited by niadhf; 07-10-2008 at 08:35 PM.
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