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

Mech

Mech

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Jul 10, 2009
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Location
Madison, WI
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!
 
C

Citizen

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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.
 
M

mwaterous

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New Mexico
Citizen said:
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.
Click to expand...

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.
 
C

Citizen

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mwaterous said:
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.
Click to expand...

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.
 
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ComSec

ComSec

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Feb 7, 2008
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444
Location
Lees Summit, Missouri, USA
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
 
OC for ME

OC for ME

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White Oak Plantation
http://www.moga.mo.gov/statutes/C500-599/5710000087.HTM
Click to expand...

(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
Click to expand...
This seems to be the whole enchilada. Though, I only spent about one minute doing research.
 
MAC702

MAC702

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

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.
 
R

REALteach4u

Regular Member
Joined
Nov 25, 2010
Messages
428
Location
Spfld, Mo.
Citizen said:
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.
Click to expand...

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!
 
Grapeshot

Grapeshot

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Citizen said:
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.
Click to expand...

REALteach4u said:
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!
Click to expand...

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.
 
OC for ME

OC for ME

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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.
 
Grapeshot

Grapeshot

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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."
 
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