Selling to alien

[ruger1800]

Can a person legally sell a firearm to a alien with a legal visa?

 

[A 7.62 Exodus]

Can a person legally sell a firearm to a alien with a legal visa?

Typed too fast, give me a second

From ATF:

May aliens legally in the United States buy firearms?
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.

[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]

 

[Crbn79]

Can a person legally sell a firearm to a alien with a legal visa?

As they are not a permanent resident of the State, I would say no....

 

[Leadeye]

Depends.

 

[nra4ever]

My buddy Udo was so excited about buying a 357 magnum like the one Dirty Harry had in the movies and he was an alien. He had no problems. Purchase was from a gun store. His next exciting purchase was a 1976 big block caddy coup deville. He was a damn Trippy German and a good guy. I might add this was the early 90s. He would always mumble something about work setting you free or something when drunk...

 

[1775usmarine]

Are they the type that lays eggs and eventually burst from your chest?

 

[Kirk Freeman]

Can a person legally sell a firearm to a alien with a legal visa?

It depends. Maybe.

How long has the alien had a residence? In which state? Hunting license? Private party or FFL holder?

This is can be tricky. It is within your best interest to consult with an attorney.

 

[ruger1800]

So can a alien buy firearms from a private party? Or Ffl only

 

[Kirk Freeman]

So can a alien buy firearms from a private party? Or Ffl only

Your use of alien is broad as it includes immigrant and nonimmgrant aliens and you do not specify visa type, state residency, possession of hunting license, etc.

I restate my advice to consult with an attorney concerning your exact fact pattern.

See if this from ATFE is helpful to your scenario: https://www.atf.gov/firearms/qa/may...ted-united-states-under-nonimmigrant-visa-and

 

[Tomc1947]

Are they the type that lays eggs and eventually burst from your chest?

No, probably Klingons.

 

[DoggyDaddy]

So can a [STRIKE]alien[/STRIKE] undocumented space traveler buy firearms from a private party? Or Ffl only

FIFY...

 

[worddoer]

I see how you are...all hating on the little green space guys and all.

You are such a typical speciesist. Even the little green space guys want a better life in America. Why are you so hard hearted? You must hate little green space children don't you? It's for the children!

We need these little green space guys. They will do jobs Americans won't do. Like abducting cows for medical experiments and freaking out guys who are driving stoned in isolated places.

(Apply purple where needed)

 

[Expat]

LOL, short answer seems to be, more potential trouble than it is worth...

 

[JettaKnight]

Let's review:

Manesh is an engineer at Yoyodyne and they sponsor his H1B visa. Some day he might return to Mumbai, but for now he lives in decent apartment at Melrose Place.

Manesh thinks Ar-15 are cool (like the rest of us) and wants to buy one that he finds on INGO for sale. After becoming a site sponsor he contacts you to meet up. After you verify he lives in Indiana and he volunteers a stack of utility bills - you may sell with confidence.

18 U.S.C. 922(a)(9)
18 U.S.C. 921, 922(b)(3), (d) and (g)
27 CFR 478.11 and 478.99(a)
27 CFR 478.29a

 

[BE Mike]

Can a person legally sell a firearm to a alien with a legal visa?

The burden would be upon you to determine whether or not he meets the requirements under the law. If a permanent resident alien and his "green card" is genuine, you'd have no problem. If he has a passport and visa and the visa allows him to work in the U.S. (again assuming that the documentation is genuine) then you should have no problem. I personally wouldn't sell to a non-immigrant alien who is here on a temporary visa for business or pleasure.

 

[JettaKnight]

I personally wouldn't sell to a non-immigrant alien who is here on a temporary visa for business or pleasure.

Why not?

I've had several friends that were in the US on H1B's. They owned houses, worked hard, played hard, paid a lot of taxes (like the rest of us), one even got married (then divorced). The only practical difference was the accent.

Most of them wanted to stay, but circumstances required them to leave.

 

[Mark 1911]

Can I phone home first?

 

[BE Mike]

Why not?

I've had several friends that were in the US on H1B's. They owned houses, worked hard, played hard, paid a lot of taxes (like the rest of us), one even got married (then divorced). The only practical difference was the accent.

Most of them wanted to stay, but circumstances required them to leave.

Actually the H1 visa isn't a temporary visa for business or pleasure. The H-1 allows the alien to work and live in this country. I believe I said on a temporary visa for business or pleasure. That would be a B-1/B-2 which does not allow the alien to work and establish a residence in the USA.

 

[ruger1800]

While we're on the subject would you sell to a natural born person of the Islamic faith? I would not sell to a alien or Islamist.

 

[singlesix]

While we're on the subject would you sell to a natural born person of the Islamic faith? I would not sell to a alien or Islamist.

And here we go ...