Can I have a gun?
July 13, 2016 1:09 AM Subscribe
With the recent events in Dallas, there's been renewed talks about gun control vs. second amendment freedom etc etc.
So that got me wondering: in which US State could I, as a foreign passport holder on a tourist visa (and therefore not a resident), just walk into a store and buy a gun without any question asked? Or is it not that simple?
I'm looking for specific states where the legislation makes gun purchase as easy as is being reported in the media.
Best answer: Can't if seller requires a background check:
18 U.S.C. ยง922 (g) (5)
Is illegally or unlawfully in the United States.
Is an alien illegally or unlawfully in the
United States or who has been admitted to the
United States under a nonimmigrant visa.
posted by Homer42 at 1:36 AM on July 13, 2016 [1 favorite]
18 U.S.C. ยง922 (g) (5)
Is illegally or unlawfully in the United States.
Is an alien illegally or unlawfully in the
United States or who has been admitted to the
United States under a nonimmigrant visa.
posted by Homer42 at 1:36 AM on July 13, 2016 [1 favorite]
Best answer: As someone in the US on a tourist visa, it is in general a violation of federal law for you to possess a firearm or ammunition (with certain specific exemptions).
posted by kickingtheground at 1:49 AM on July 13, 2016 [2 favorites]
posted by kickingtheground at 1:49 AM on July 13, 2016 [2 favorites]
As far as I am aware of, no state would allow you to purchase a gun from a dealer.
But *lots* of states have gun shows where you can walk in, purchase a gun that an individual has for sale (just not from a dealer, of which there are many in gun shows), and walk out.
I know that cops here in Austin Texas were asking ppl for ID when walking in/out of gun shows a few years ago (not sure if it's still going on), and I know that it raised a lot of noise -- you did not legally have to show them your ID but cops know how to act intimidating and how to push that act to the limit.
And many states allow a purchase with no ID if you are buying from an individual, at their home, from the trunk of their car, whatever.
Is it legal for you to own and/or carry a gun? IANAL and I am not a gun law specialist, my off the cuff take is that you'd be out of bounds.
posted by dancestoblue at 4:26 AM on July 13, 2016
But *lots* of states have gun shows where you can walk in, purchase a gun that an individual has for sale (just not from a dealer, of which there are many in gun shows), and walk out.
I know that cops here in Austin Texas were asking ppl for ID when walking in/out of gun shows a few years ago (not sure if it's still going on), and I know that it raised a lot of noise -- you did not legally have to show them your ID but cops know how to act intimidating and how to push that act to the limit.
And many states allow a purchase with no ID if you are buying from an individual, at their home, from the trunk of their car, whatever.
Is it legal for you to own and/or carry a gun? IANAL and I am not a gun law specialist, my off the cuff take is that you'd be out of bounds.
posted by dancestoblue at 4:26 AM on July 13, 2016
My understanding is the same as the above, you would need to use a private sale (meaning you are buying a used gun from a person, not a licensed gun dealer), and it would not be legal, so you would need to buy from someone who either doesn't know the rules or is willing to make an illegal sale. Only a few places require background checks for private sales, and those laws are basically unenforceable anyway and to my understanding largely ignored.
You can see the questions asked on the federal background check form here; it's now a quick online process and you have to show ID. Whether or not it would catch someone who is lying about their immigration status, I don't know.
posted by Dip Flash at 6:01 AM on July 13, 2016
You can see the questions asked on the federal background check form here; it's now a quick online process and you have to show ID. Whether or not it would catch someone who is lying about their immigration status, I don't know.
posted by Dip Flash at 6:01 AM on July 13, 2016
As someone in the US on a tourist visa, it is in general a violation of federal law for you to possess a firearm or ammunition (with certain specific exemptions).
Yes, but according to that link, all you need is a valid hunting license/permit and you're golden. Here's confirmation from the Washington Department of Fish and Wildlife.
posted by telepanda at 8:59 AM on July 13, 2016
Yes, but according to that link, all you need is a valid hunting license/permit and you're golden. Here's confirmation from the Washington Department of Fish and Wildlife.
posted by telepanda at 8:59 AM on July 13, 2016
In WA, background checks from dealers can be done while you wait, for long guns. Handguns have a waiting period.
posted by trinity8-director at 10:42 AM on July 13, 2016
posted by trinity8-director at 10:42 AM on July 13, 2016
Best answer: As someone on a tourist visa, no, you cannot readily walk into any licensed gun store and buy a firearm without violating federal law (which is sometimes stricter than state law, for example, Texas). However, if you were admitted to the U.S. for hunting purposes or have a hunting permit, you may be able to purchase a gun. (This advice does not apply to private gun sales, which are less regulated.) Source: I have defended people on tourist visas accused of illegal possession of firearms as non-immigrant aliens.
posted by *s at 12:12 PM on July 13, 2016 [3 favorites]
posted by *s at 12:12 PM on July 13, 2016 [3 favorites]
In Missouri, you would need a Hunter Safety cert. (free course) and a non-resident hunting license to possess a firearm. Unless you go to Bass Pro's headquarter's in Springfield, it might take a few days to buy through a dealer.
posted by ridgerunner at 4:30 PM on July 13, 2016
posted by ridgerunner at 4:30 PM on July 13, 2016
« Older Where can I find high quality, comfortable yet... | What's the correct way of the completing the LGBT... Newer »
This thread is closed to new comments.
posted by a lungful of dragon at 1:28 AM on July 13, 2016 [1 favorite]