Guns and green card
December 17, 2009 1:26 PM   Subscribe

I am a green card holder resident in the US. Am I allowed to buy a gun?
posted by Fiery Jack to Law & Government (11 answers total) 1 user marked this as a favorite
 
Gun laws vary (wildly) by state. What state are you in?
posted by musofire at 1:29 PM on December 17, 2009


This has some information by state. I should note that I am neither a fan of guns or posting AskMes without googling.
posted by Admiral Haddock at 1:29 PM on December 17, 2009 [1 favorite]


It depends on the state, but in most states, yes you are allowed.
However the documentation you must provide and the procedure
for procurement might differ from that of a citizen.
posted by digividal at 1:31 PM on December 17, 2009


See the above re: states etc. Also - what type of gun? Handgun? - Maybe, maybe not. Shotgun or rifle, more likely, but again, depending on state, county, municipality etc it's going to differ - and that's not even taking your citizenship/residence status into account. Check with whatever local government agency is responsible for registering/licensing guns in your area.
posted by Nick Verstayne at 1:41 PM on December 17, 2009


In Tennessee, where I live, you can not only buy a gun but you can also get a concealed carry permit.
posted by workerant at 1:45 PM on December 17, 2009


If you live in Texas handguns, long arms and CCLs can all be yours.
posted by Seamus at 2:18 PM on December 17, 2009


Not only are you allowed, but you have a constitutional right to own a gun.
posted by lockestockbarrel at 2:45 PM on December 17, 2009 [1 favorite]


Not only are you allowed, but you have a constitutional right to own a gun.

Be that as it may, local laws may vary, sometimes in contravention of the constitution. For some time, Washington state stopped issuing the required licenses for gun purchases to non-citizens (I believe due to some problem with background check requirements). This policy was reversed after a legal challenge. But, before this challenge, it would have been de facto illegal for a non-citizen to obtain a firearm in Washington state since no licenses were being issued.

In short, check your local laws.
posted by mhum at 5:53 PM on December 17, 2009


Response by poster: Thanks all. PA - I should have mentioned.

Thanks for the link Haddock - I had seen that one (Home of People Named "Vrolyk") but it didn't seem terribly authoritative and the links from it aren't helpful. If anyone has anything location specific that would be helpful.

lockestockbarrel - is that right? Does the 2nd ammendment apply to me as a non-citizen?

Again thanks.
posted by Fiery Jack at 6:22 PM on December 17, 2009


Best answer: Yes, the Second Amendment does apply to all people in the US, whether citizens or not. "The people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.

If you're interested, read:
United States v. Verdugo-Urquidez, 494 U.S. 259, 271 (1990) (Fifth Amendment applies to LPRs).
Wong Wing v. United States, 163 U.S. 228, 238 (1896) (Fifth and Sixth Amendments apply to LPRs).
Bridges v. Wixon, 326 U.S. 135, 148 (1945) (First Amendment applies to LPRs).
Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886) (Fourteenth Amendment applies to LPRs).
posted by lockestockbarrel at 10:34 PM on December 17, 2009 [1 favorite]


Might be worth a call to the NRA, just to be sure.
posted by electroboy at 7:08 AM on December 18, 2009


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