# Wife is non-citizen. Firearms ID Card Application?



## Occram (Dec 21, 2007)

Hello,

I have a question that I can't seem to find the answer to anywhere. My wife has been a NJ resident for two years but is from China and not a citizen yet. She is very interested in shooting with me and I want to make it official and take her to get her Firearms Card.

It asks on the application "U.S. Citizen. Yes / No?" but it doesn't clarify if it's a disqualification. Does anyone know?

Thanks in advance.
Mark~


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## PanaDP (Jul 20, 2007)

In most places in the US, I think you have to be a citizen to purchase handguns. You would have to call the issuing authority there to find out for sure there.

The good thing is that citizen or no, I don't see why citizenship status would bar her from going shooting with you.


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## Joeywhat (Apr 17, 2008)

I believe you can as long as you have a green card. You'd obviously have to be otherwise able to purchase one...I'd get with the ATF or a knowledgeable dealer to be sure.


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## Mike Barham (Mar 30, 2006)

It is legal for resident aliens to purchase firearms under federal law: http://www.atf.treas.gov/firearms/faq/faq2.htm#b13.

New Jersey law may be more difficult, however.


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## submoa (Dec 16, 2007)

PanaDP said:


> The good thing is that citizen or no, I don't see why citizenship status would bar her from going shooting with you.


Read the following:



> http://www2.tbo.com/content/2008/apr/01/gun-usf-grads-trial-called-plinker/?news-breaking
> 
> 
> 
> ...


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## Baldy (Jun 21, 2006)

There's got to be more behind this story than what we know as up at my range they intertain foreigners all the time. That's like 50% of their business this time of the year. :smt017


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## submoa (Dec 16, 2007)

Baldy said:


> There's got to be more behind this story than what we know as up at my range they intertain foreigners all the time. That's like 50% of their business this time of the year. :smt017


Most ranges don't check ID. Its your problem if you are caught, not the range.


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## PanaDP (Jul 20, 2007)

He owned his weapon. I said it shouldn't be a problem if she goes to shoot with him. Those are different things.


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## submoa (Dec 16, 2007)

PanaDP said:


> He owned his weapon. I said it shouldn't be a problem if she goes to shoot with him. Those are different things.


Moussaoui is in violation of Title 18, United States Code, Section 922(g)(5)(B) (receiving or possessing any firearm, being a person admitted to the United States under a nonimmigrant visa as defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 11 01 (a)(26))).

Per the criminal complaint filed in US District Court, Tampa


> http://www.investigativeproject.org/documents/case_docs/568.pdf
> 
> 7. An employee from SHOOT STRAIGHT GUN and ARCHERYRANGE, 3909 North Highway 301, Tampa, Florida, told the FBI that on July 11, 2007, MOUSSAOUI, MEGAHED and AHMED A. SHERIF MOHAMED visited that range. Records there reflect that* MEGAHED rented a Glock 17, 9mm. handgun *on that date.
> 
> ...


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## niadhf (Jan 20, 2008)

....is charged with possessing a firearm in violation of his student visa....

B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]

Yes, a person who - 
....(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;....

and i believe here is the rub. not that he is a resident alien, but that the use thereof violated the rules OF THE VISA of his residency. don't know how that will effect the OP's wife though.

B13) May aliens legally in the United States buy firearms?[Back]

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.


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