US gun laws: how to buy a gun legally as a foreigner

A question we hear a lot: can foreigners without a green card buy a gun in the USA? The key point is that the right to bear arms applies only to US citizens and green card holders. Still, as a foreigner on a nonimmigrant visa, you do have ways to buy a gun legally. If you are planning to move to the USA, this article explains how you can legally buy a gun in the USA on a nonimmigrant visa (for example an L visa or an E visa).

1Can anyone own a gun in the USA?

Under the Second Amendment, law-abiding US citizens have the right to bear arms. And every citizen may own as many guns as they like.

Gun laws do vary from state to state, though. States like California, Massachusetts, New Jersey and New York have particularly restrictive gun laws, while in states like Alaska, Arizona, Texas and Wyoming owning and buying a gun is comparatively easy.

On top of that, certain requirements must be met to carry guns legally, such as the appropriate permit and training in handling firearms.

The right to have a gun does not, however, extend to foreigners staying in the USA temporarily on a nonimmigrant visa (according to the US Department of Justice, people entering visa-free with ESTA are not covered by this). The ban is set out in federal law (18 U.S.C. § 922) as follows:

“It shall be unlawful for any person who, being an alien, has been admitted to the United States under a nonimmigrant visa, to ship or transport, possess or receive any firearm or ammunition […]”

With one exception:

[…] unless the alien falls within one of the exceptions in 18 U.S.C. § 922(y)(2), such as a valid hunting license or permit lawfully issued for lawful hunting or sporting purposes […]

So foreigners who enter the United States on a nonimmigrant visa can legally own and buy a firearm, provided they can show a valid hunting license or a hunting permit issued for lawful hunting or sporting purposes.

2How to get a hunting license

Getting a hunting license in the USA is actually less complicated than many people think. In Florida, for example, you must pass a Hunter Safety Course before buying the license if you were born on or after June 1, 1975 and are at least 16 years old; without the course, you can only hunt under a deferral and accompanied by a qualified hunter. The license itself can be renewed every year and bought online (for example at gooutdoorsflorida.com).

If you want to get your hunting license in Texas, for example, you attend a one-day course on safety. Once you have completed it, your license arrives by mail.

3Proof of residence

Besides the hunting license, you also need proof of residence to carry a gun legally in the USA. It confirms that you are in the USA legally and live in the state in question. This can be, for example, a US driver's license, a lease, an ID card or a passport combined with proof of address such as a utility bill or a lease.

4Get your gun(s)

Now you can head to your nearest gun store and buy the gun, or guns, you want. The dealer then has to submit an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the agency in charge.

5Filling out Form 4473

Form 4473 is required by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and you have to fill it out to buy a gun from a dealer. It asks for personal details such as your name, address, date of birth and, optionally, your Social Security number. It also asks about criminal records, drug use and mental illness to make sure you are not violating any laws on gun ownership.

The form is used to run a background check on the buyer. Entries in a criminal record lead to a denial. For foreigners without a green card, the result is always a "conditional no", after which the ATF runs a one-hour manual review. At this point, the store clerk often won't know what to do.

Answer the trickier questions on the form like this:

Question 20: enter the number from your I-94 arrival record.

Question 21 m1 and m2: check "yes" both times

Question 26d: write "Hunting License" and have the seller make a copy of your hunting license.

If the background check returns the "conditional no", the seller should call the ATF dealer hotline and pass on your answers. The application should then be approved. All that's left is to wait three business days before you can pick up your gun.

6Buying ammunition

This is much easier than getting a gun. You can walk into any store that sells ammunition and buy it there. If you look younger than you are, you may be asked for ID. Whether you are a foreigner or not makes no difference.

7Your rights as a foreigner

As a foreigner, you rely on one very specific exception to own a gun legally. Under this exception, far stricter rules apply to when, where and how you may store, carry and use your gun.

8Where you can store your gun

In general, there are no federal rules on gun storage in the USA. So you can keep your gun at home or in your car. Some states, however, have laws requiring guns to be stored securely and out of reach of children and unauthorized persons.

There are several ways to store guns in the USA, including:

1. Gun safe: a specially designed safe that keeps guns secure.

2. Gun cabinet: a cabinet designed specifically for storing guns.

3. Trigger lock: a device that prevents a gun's trigger from being pulled when it is not in use.

9How you may carry and use your gun

Under the exception in 18 USC 922(y)(2), you are not allowed to carry the gun on you at all times. You may only carry it on your person on the direct route to the shooting range or while hunting. On the way to the range, open carry would even be allowed (though often not advisable). Using the gun is likewise only permitted at the shooting range or during a legal hunt.

In short

• If you are in the USA on a nonimmigrant visa, 18 U.S.C. § 922 generally bars you from owning a firearm.
• The exception under 18 U.S.C. § 922(y)(2) applies with a valid hunting license or hunting permit.
• You also need proof of residence and ATF Form 4473 at the dealer, which is the basis for the background check.
• Under this exception, you may only carry and use the gun at the shooting range, on the direct route there and during a legal hunt.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
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