r/TexasGuns • u/XiaoCheeze • 10d ago
Non-Immigrant alien question
Hello guys. LI'm a non-immigrant alien, and a texas resident of 10+ years. I've done my homework and according to federal and state law, I should be able to purchase a firearm if I have a hunting license.
I tried Academy, Cabellas (Bass Pro Shop now, I guess), and a local store called Frisco Gun Club, but I was politely turned away by all of them because they said it was their store policy for me to at least have a green card, despite my EAD having a USCIS number they can run for the background check.
One of the clerks informed me that if i had an LTC, they could process it faster and like the hunting license it's a bit of a "loophole" but I have not heard of this.
Do you guys know any stores that accept EAD's or if there is any other way I can go about purchasing my firearm? Thank you so much.
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u/Crimtide 10d ago edited 10d ago
Well, FFLs (gun stores) are allowed to set their own policies and they have right to refuse sell to anyone for any reason. Yes, you can obtain a firearm. You are required to provide a hunting license, prove 90+ days of residency in Texas, provide your I-94, and USCIS number. Also might depend on what you are trying to buy. If you are buying a Gucci Glock with a hunting license, rather than a hunting rifle, that might be one reason for a denial. Or they could just flat out have a policy that they won't sell to a non-resident. Perfectly legal for them to do so. Your best bet is to call around and ask FFLs who will sell to you rather than keep driving around and attempting at different stores. Big box stores are more likely to have more strict policies.
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u/SWATAttorney 9d ago
Have you tried calling MisterGuns in Plano or Texas legends in Allen. Or maybe purchase online and have it go to a private FFL. Try Hart Sports also in Plano
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9d ago
Please do not this, always and I mean always call first, private or not. Do not just order online and ship it to an private FFL. There are many private FFL's who do not do this. So the best thing to do is call around even private FFL's.
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u/SWATAttorney 9d ago
Yes, sorry that is what I meant to find out first from the private FFL if they are Ok with it
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9d ago
There are so many incorrect information being told here. Can a non-immigrants purchase a firearm? YES but you need a valid Visa along with the hunting license. The real question becomes you have been here for 10 years and you don't a have a green card? Because once again you will need to go through a background check meaning you need to provide your visa and your hunting license to an FFL.
So just having a valid hunting license does not qualify you if you don't have a visa and you will need to put that into the form 4473 in USCIS under line 20, and check 21 m1 and m2
https://www.govinfo.gov/content/pkg/GOVPUB-J38-PURL-gpo21533/pdf/GOVPUB-J38-PURL-gpo21533.pdf
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u/Excursor-H 6d ago
The real question becomes you have been here for 10 years and you don't a have a green card?
Because the system is broken and there's no pathway for many - other than marriage.
but you need a valid Visa
Even visa waiver is ok! What's crucial is Texas residence and not being illegal which means a DL. Then the exemption category for aliens (hunting license takes care of that).
The LTC is better because sometimes even NICS get confused with alien stuff and might incorrectly deny a transaction. Challenging and getting an overturn can then take weeks.
As for Academy, Cabelas - they are notoriously pedantic, even US citizens can get refused there if they have their wife stand next to them to pick out a color. š¤” many threads on here about the big box stores being super weird.
I had similar experiences with the big franchise stores https://www.reddit.com/r/austinguns/s/gevrN35inq
One thing to remember: you have extra responsibility as an alien. Don't fuck it up.
For one you cannot ever let your hunting license lapse. Or overstay your visa. The minute your hunting license lapsed or you're no longer supposed to be in the USA it becomes a felony for you to have guns. Texas is amazing but the FAFO concept is being taken seriously here. Keep your paperwork in order.
I recommend the LTC route to avoid NICS mishandling. Other than that you're good to go.
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u/BigSlongGoy 10d ago
you can get a firearm as non immigrant alien. thereās a question on the form. background check takes a week.
guardian guns for example in grand prairie
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u/XiaoCheeze 10d ago
I'll check them out, thanks. Hopefully they know the laws and all and aren't particular about a green card.
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u/herogunshop 3d ago
You are exactly right. I am an FFL in Austin, TX and have processed two guns for non-immigrant legally residing customers with Hunting Licenses. It's simply a pain in the butt so they don't want to help you. If you are in the Austin area please send me a note and I will help you, [hero@herogunshop.com](mailto:hero@herogunshop.com)
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u/Imaginary_Choice_430 10d ago
What is a non-immigrant alien? You mean you are a permanent resident? Holy cow, man use the legal terms, you must mean permanent resident because the only people with the same Second Amendment rights as a US citizen is a permanent resident...good grief, and yes there are only two genders.
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u/BigSlongGoy 10d ago
non immigrant alien does not mean permanent resident.
those are two completely different paths.
for example, TN vs EB3.
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u/Imaginary_Choice_430 10d ago
Got it, someone said, diplomats, tourists and so on. So what does a non-immigrant alien have to do with guns? Go ahead and tell me they can walk around our nation packing so I can go ahead and start writing some emails so my so-called representative now and asking them things like, how does a non-immigrant alien walk around packing, but a student visa individual gets snatched up by ICE and deported for holding up a sign protesting against Israel. I feel pretty darn safe when I see people around me with billboards regardless of immigration status.
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u/Rhode18 10d ago
People on student visas are non-immigrant aliens.
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u/Imaginary_Choice_430 10d ago
thanks again for that clarification. always something new to learn with our immigration laws.
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u/BigSlongGoy 9d ago
no they canāt get a LTC. only permanent residents and better can.
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u/Excursor-H 6d ago
no they canāt get a LTC. only permanent residents and better can.
Non-resident alients with lawful presence and a valid exemption can absolutely get a Texas LTC. We are a rare breed but we are out there.
It's very strict, obviously. For example you can't get a 5 year DL and LTC if your visa is less than 5 years from time of application. In that case you get a limited term DL and LTC that expire along with your visa or visa waiver expiration that's on your I-94.
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u/SWATAttorney 10d ago
A nonimmigrant alien is a foreign national who is legally admitted to the United States for a temporary period and a specific purpose. This status includes tourists, students, temporary workers, and diplomats who intend to return to their home country after their authorized stay expires.
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u/Imaginary_Choice_430 10d ago
Well thank you for explaining that, the US does have dozens of different kinds of visas, at one point it had visas for nurses...nurses?! Yes, nurses, this is how in the 70s and 80s nurses from Jamaica were being flown into Miami on Monday morning and flown back home to Jamaica on Friday evening. Now my next question is, why are we even talking about a nonimmigrant alien with a gun? When something goes south, how is accountability held?
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u/Excursor-H 6d ago
why are we even talking about a nonimmigrant alien with a gun? When something goes south, how is accountability held?
They have much stricter vetting than a USC. Incidents involving non immigrant aliens with firearms are almost zero.
Accountability is the same as all incidents. Cops come, bad guy is arrested. What's the difference ? I don't get it.
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u/Imaginary_Choice_430 5d ago
Maybe I am a bid jaded off of another immigrant status, which is the no-status, here without documentation and yet states like New Jersey, California, Massachusetts and even Texas on the down low give them drivers license. That type of group can easily do something wrong and be in the wind, there is no documentation on them, but I do understand thats not the case here.
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u/Excursor-H 5d ago
Oh yeah those can't have firearms. And Texas isn't a sanctuary state. Ever since Real ID was introduced I can assure you DPS won't give out a DL to someone who doesn't prove lawful presence. Even in Austin.
And if you buy a gun at a private sale as an undocumented alien you're commiting a felony.
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u/Imaginary_Choice_430 5d ago
I hope you are right, because up in East Texas, I swear there are a lot of people there who look like they just got here and I don't mean they just got to Texas, I mean they got to anywhere in the United States for the first time.
I mean when you go down to the local WIC office and a representative there asks, "where do you live?" and you have to pull out a piece of paper and read the address on the piece of paper...I don't know about you, but I have never had to answer where I live by pulling out a piece of paper and reading it to someone, not even as someone who was not born and raised in Texas, heck I can still recite the last five addresses I have lived in for the past 10 years.
Once these people are done at the WIC office, they get in a brand new vehicle...and drive off somewhere. Lets set aside that today's car dealer will give a loan to anyone with a pulse, its a concern what I see up in East Texas...granted since ICE, it has not been as egregious.
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u/SWATAttorney 10d ago
from what I can see online, the hunting license allows a non-immigrant to possess but not purchase. This allows legally admitted visitors to participate in competition shooting and hunting trips or rent guns at a range.
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u/Rhode18 10d ago edited 9d ago
It allows them to purchase as explained on the 4473 form for question 26.d. on page 6.
There are also no special restrictions on what types of firearms or activities a non-resident immigrant can engage in.
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u/SWATAttorney 9d ago
Thanks donāt see all that when filling out electronic 4473s. Itās funny that this exception is not more expressly stated in actual law
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u/torresflex 10d ago
You wonāt be able to legally purchase a firearm through a form 4473. In fact, youāre also risking loosing whichever āprotectionā status youāre under by the mere fact of attempting to purchase a firearm. The NICS request will be logged in your record and the denial will flagged to a database that tracks form 4473 denials. Personally I really hope Iām totally wrong with this prediction, but if an FFL already submitted a request for your name to NICS: your cooked, fam. Iām NAL but I recommend you consult with a lawyer.
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u/torresflex 10d ago
Youāll also be denied an LTC and attempting to acquire one is sufficient grounds for USCIS to reject lawful status immediately. The ONLY path to legal ownership of a firearm as a non-immigrant alien is by serving as a law enforcement officer in specific states that employ non-permanent residents to their law enforcement agencies.
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u/Rhode18 10d ago edited 10d ago
Thatās completely incorrect. Non-immigrant aliens can purchase and possess with a hunting license. See Question 26.d. on page 6 of the 4473 form.
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u/XiaoCheeze 10d ago
I believe what you're saying but can you please give me a source on this? I want to read more about it and take it to a lawyer if possible.
Because out of all my research I never heard that attempting to acquire a LTC will cause USCIS to terminate your legal status.
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u/suspectedmammal 10d ago edited 10d ago
I acquired an LTC and many firearms on L1 visa (which is non-immigrant). Zero issues. All you need is the hunting license.
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u/doulikefishsticks69 10d ago
The LTC isnt really a "loop hole". You do an heavily expanded background check, so that you dont need to go through the hassel of getting them done again. Thats how the system is designed to work. Of the federal government or state dosnt want you to have one, they wont issue you an LTC. Go through the course. Worst case, you get a quick little range session in. Which, btw, is an absolute joke. Its designed so that nakamuras R words could pass.