Sunday, July 8, 2012

Non-immigrant aliens -- change in ATF definitions

As of July 9, 2012,  ATF  has changed the definition  of a non-immigrant alien to conform to instructions from the Department of Justice.   The new definition defines a "non-immigrant alien" as only those aliens entering the United States on a "non-immigrant visa".   Thus,  any other alien who comes in on a program such as the Visa Waiver Program -- are not "non-immigrant aliens" nor  "prohibited" persons -- although they still must be residents of a State in order to purchase or obtain a firearm in that State.  The 90 day residency period has also been eliminated.   I will be doing a more detailed analysis in the next week or so, and will also update the update.
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3 comments:

  1. Hi Jon,

    I am an Australian who regularly visits the US under the VWP to participate in firearms training at shooting schools.

    I have no interest in purchasing or acquiring firearms while I am in the US, but I am interested to know how these changes affect me when I borrow a firearm from an American friend. "A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes."

    Am I able to "possess" this firearm while I transport it in the trunk or in checked luggage? How about purchasing ammunition?

    Thanks, Dave.

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  2. "Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, provided that they meet State of residency requirements and are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms."

    Surely there is some state residency exemption for a temporary visitor? How would a hunter from Canada entering under VWP be able to legally possess his firearm?

    Cheers, Dave

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  3. RE: Temporary visitor

    ATF Form 6NIA. Allows for temporary import of firearms and ammunition.

    Those that fall under the VISA Waiver Program no longer have to submit a hunting license or shoot invitation when submitting the form.

    A new form as of April 6, 2013 has not been published. I talked to ATF a few weeks back and still under review.

    http://www.losttarget.com

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