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Thread: Can a person with green card lawfully purchase a handgun in MO?

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    Regular Member Mech's Avatar
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    Question Can a person with green card lawfully purchase a handgun in MO?

    Good day everyone, I am an OC'er from the state of Washington, but today, I have a question regarding Missouri.

    My girlfriend's mother, who is a Canadian citizen, US Permanent Resident (ie. green card) holder, has been a resident of Missouri for the past 25 years, works for the MO state government. No run in's with the law, does NOT have a CCW/Hunting license. Recently, she has expressed interest in procuring a pistol for herself for personal protection.

    From what I've found, MO had removed the "license to purchase" laws from its books back in 2007.

    My question is, given her status as a PR, can she lawfully purchase a handgun in the state of Missouri?

    Thank you very much!

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    Moderator / Administrator Grapeshot's Avatar
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    It is my understanding that she may purchase but not carry concealed ........... yet.
    http://www.bizjournals.com/prnewswir.../07/26/DC47208
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Don't forget to check whether Canadian law forbids their subjects from purchasing in a foreign country. And, any treaties between US and Canada that might compel her extradition.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

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    My understanding is also, that in order to purchase a firearm, she must be a legal citizen of the U.S.

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    Quote Originally Posted by Citizen View Post
    Don't forget to check whether Canadian law forbids their subjects from purchasing in a foreign country. And, any treaties between US and Canada that might compel her extradition.
    Not sure if serious? Are there actually some countries that do this, let alone attempt to enforce it? We're not talking about a third world here, though I know most people (despite Canada only being inches from the American border) think Canadians drive on the other side of the road and have pet C. canadensis.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by SixGunCowboy View Post
    My understanding is also, that in order to purchase a firearm, she must be a legal citizen of the U.S.
    Already established that this is not the case.
    http://www.nytimes.com/2011/12/23/us...zens.html?_r=0
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by mwaterous View Post
    Not sure if serious? Are there actually some countries that do this, let alone attempt to enforce it? We're not talking about a third world here, though I know most people (despite Canada only being inches from the American border) think Canadians drive on the other side of the road and have pet C. canadensis.
    I am absolutely serious.

    Commonwealth countries have some very anti-rights laws; and, I wouldn't put it past them at all. Nor would I put it past the anti-gunners in the US government to gleefully assist.

    Also, remember the video by Professor Duane of Regent University Law School. One of his examples is the US law that makes it illegal to transport animals out of a country in violation of that other country's laws. No reason at all there can't be something like that floating around about guns. Remember this business of using treaties to get around state law has been around for years and years. One of the earliest uses happened in the (1920's?) when the US wanted to protect certain migratory game birds at the request of Canada. A US hunter went to jail when the treaty provision was upheld by SCOTUS.

    Your friend has been away for 25 years. Who knows what mischief her country has been up to since then.
    Last edited by Citizen; 09-30-2012 at 08:04 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Quote Originally Posted by SixGunCowboy View Post
    My understanding is also, that in order to purchase a firearm, she must be a legal citizen of the U.S.
    Not true.

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    Campaign Veteran ComSec's Avatar
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    Re: Can a person with green card lawfully purchase a handgun in MO?

    She is a perm resident and a mo resident she can legally buy a gun in Missouri as I have sold many to green card holders

    Sent from my SCH-I535 using Tapatalk 2

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    Regular Member OC for ME's Avatar
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    (d) It shall be unlawful for any person to sell or otherwise
    dispose of any firearm or ammunition to any person knowing or
    having reasonable cause to believe that such person -
    .....
    (5) who, being an alien -
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been
    admitted to the United States under a nonimmigrant visa (as
    that term is defined in section 101(a)(26) of the Immigration
    and Nationality Act (8 U.S.C. 1101(a)(26)));

    http://codes.lp.findlaw.com/uscode/18/I/44/922
    This seems to be the whole enchilada. Though, I only spent about one minute doing research.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member OC for ME's Avatar
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    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by SixGunCowboy View Post
    My understanding is also, that in order to purchase a firearm, she must be a legal citizen of the U.S.
    Do you have a cite for an MO law?

    Because there is no Federal regulation that requires it.

    Not all legal permanent residents are citizens.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by MAC702 View Post
    Do you have a cite for an MO law?

    Because there is no Federal regulation that requires it.

    Not all legal permanent residents are citizens.
    State laws restricting legal aliens from purchasing or carrying do not hold up to challenge.
    http://forum.opencarry.org/forums/sh...for-gun-rights
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Citizen View Post
    Don't forget to check whether Canadian law forbids their subjects from purchasing in a foreign country. And, any treaties between US and Canada that might compel her extradition.
    Great point Citizen! I hadn't considered that with resident alien purchases. It puts them in the situation that unless they apply for US citizenship they may be in violation of another Nation's law as a resident alien of the US, IF their country has such a law and extradition treaty. Again, great point!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Citizen View Post
    Don't forget to check whether Canadian law forbids their subjects from purchasing in a foreign country. And, any treaties between US and Canada that might compel her extradition.
    Quote Originally Posted by REALteach4u View Post
    Great point Citizen! I hadn't considered that with resident alien purchases. It puts them in the situation that unless they apply for US citizenship they may be in violation of another Nation's law as a resident alien of the US, IF their country has such a law and extradition treaty. Again, great point!
    No cite confirming whether any country has such a law though. Because I haven't heard of it, doesn't make it so.

    We are not talking about their ability to bring it home (import) it. What is being said is if they can buy, possess, or carry in the U.S. and be in violation of their home country laws. Somehow I doubt it.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Just cuz she is legal to be here does not mean that a FFL must sell to her. There is no law that compels a sale by a FFL beyond the race, gender, blah blah blah parts of the law(s).

    If the FFL don't have or won't get a warm fuzzy he ain't likely to take a chance on getting it wrong and then BAMMO!!!!! BATF is all over him like flies on.....well, you get the picture.

    At this point it is not about the law so much as who will sell to her. A FFL that will sell to her likely knows that her status is legal and therefore the sale is legal.....if the sale would be legal that is.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  17. #17
    Moderator / Administrator Grapeshot's Avatar
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    Agree that a FFL is not compelled to sell. Just getting a bad feeling is enough for them to refuse.

    Nevertheless, the OP's question was can she purchase. The answer to that given the facts we have is "Yes."
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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