Non-U.S. Citizens and Gun Ownership: Legalities and Practicalities

When it comes to non-U.S. citizens purchasing and owning firearms within the United States, the legal landscape can be quite complex. Understanding the questions and hurdles related to this can help clarify the situation. This article will delve into the legalities and provide a clear guide for those interested or concerned about non-citizens buying guns in the U.S.

Legal Requirements for Non-Citizens

For non-U.S. citizens, the ability to own a firearm in the U.S. depends largely on their legal residency status. Generally, there are specific regulations and procedures that must be followed.

Green Card Holders

Green card holders, also known as permanent residents, have the potential to own firearms, provided they meet certain criteria. According to the Gun Control Act (GCA) of 1968, individuals classified as 'aliens lawfully admitted for permanent residence' can indeed purchase and possess firearms, but they must go through additional steps beyond regular background checks.

When purchasing a firearm, a green card holder will likely encounter forms that include sections about citizenship and alien registration numbers. For non-citizens, background checks can take longer due to the additional verification required to establish their legal residency status.

Legalities of Non-U.S. Citizens Owning Guns

According to the 18 U.S.C. § 922g of the Gun Control Act, certain categories of individuals are prohibited from owning firearms, including 'illegal aliens.' This provision raises the question of whether residents, especially those with temporary statuses, can circumvent these restrictions. The law specifically mentions:

Convicted of a crime punishable by more than one year in prison Fugitive from justice Unlawful user of or addicted to a controlled substance Adjudicated as a mental defective or committed to a mental institution Illegal alien Discharged from the Armed Forces under dishonorable conditions Renounced United States citizenship Subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner Convicted of a misdemeanor crime of domestic violence

The GCA includes exceptions, such as for individuals who have been granted certain temporary statuses allowing them to purchase firearms for hunting.

Case Studies and Exceptions

A notable case that highlights the complexities is the 2019 mass shooting at the Naval Air Station Pensacola. The perpetrator, a student from the Royal Saudi Air Force, was able to obtain a handgun despite being a non-immigrant. This occurred because he had obtained a hunting license, which allows non-immigrants with valid non-immigrant visas to purchase firearms.

Authorities reported that the perpetrator had obtained a hunting license, which allowed him to legally purchase a weapon from a gun store earlier in the year. This scenario underscores the importance of understanding the specific legal requirements and the potential for exceptions.

Conclusion

Non-U.S. citizens seeking to own firearms in the United States must navigate a complex legal landscape. While resident aliens, such as those with green cards, generally have the right to own firearms, the process can be more cumbersome. It is crucial to understand the specific requirements and exceptions outlined by the Gun Control Act and related statutes.

Any individual, whether a resident alien or not, must ensure they comply with all legal requirements and undergo a thorough background check before attempting to purchase a firearm.