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Thread: Rights of non-US citizens

  1. #1
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    Rights of non-US citizens

    Hello there!

    I'm a Canadian citizen and I have a country house near Highgate, Vermont.

    If I were to purchase a handgun for self-defence, would I be able to open carry in the state of Vermont even if I'm not a US citizen?

    Cheers,

    F.

  2. #2
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    Vermont law uses the undefined word "person", without specifying residency.

    V.S.A. ß4003 Carrying dangerous weapons
    A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution, shall be imprisoned not more than two years or fined not more than $200.00, or both.


    You may carry if you are a non-resident for self protection. This excludes schools, court houses, and any federally owned property. I have also heard mixed answers regarding banks, with the state attorney general's office stating you can not carry in them. I never really looked too far into it (not that we have a lot of laws), but I don't recall seeing anywhere where you couldn't do so. It's never been an issue for me, my credit union is in another state and I generally only deal with them via mail.

    Again, do some research for yourself before taking mine (or anyone's) word about whether or not you'll be alright. I've never had an issue OC'ing, although I do live in the southern part, not up by the suck-hole that is Burlington. I would read up on the "Gun Control Act of 1968," and federal laws (VT isn't tough to figure out - not a felon or prohibited from owning and over 16 = good to go) yourself to make sure you'll be fine. I think owning property over here would make you a resident (or citizen?), but again I have no idea - I've never dealt with it.

    If you say you're able to purchase one over here, then you most definitely would be able to carry it. If you're really in doubt, contact our AG's office. They're pretty quick with responding, and are generally correct.

  3. #3
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    Thinks to check:

    You might be able to legally conceal carry as well (in Vermont, no concealed carry license required).

    The problem may be acquiring a pistol and that depends on your residency (or domicile).

    Quote Originally Posted by Etkini View Post
    I think owning property over here would make you a resident (or citizen?)
    Note: merely owning property will do neither of the above.

    You might not be able to purchase from a licensed dealer (unless you are an actual resident of the State of Vermont - which could mean that you are legally domiciled in Vermont, not just a part-time resident of Vermont). However, if purchasing from a licensed dealer is not currently legal for you, it nevertheless might still be legal for you to purchase from a private seller (go figure!). Even if so, please keep in mind that most private sellers may presume that they can only sell to U.S. citizens and balk if they learn that you are not. The seller may need to be educated a bit so be prepared. You can send an email to the AFT asking them if you are legally entitled, as a non-resident Canadian citizen, to purchase a pistol from a private party, and assuming they reply with some form of a yes, show that to the seller.

    What is your exact residency status? If you are a legal resident of Vermont, you can purchase from a licensed Dealer. If not, you might still be able to do so but you'll have to check first Federal Law and then Vermont state law.

    If you are entering the U.S. as a tourist (i.e. non-resident) then check with the ATF as you may also need to be in possession of a valid hunting license (any state license will suffice) in order to legally even possess a firearm in the U.S. (due to some idiotic Federal regulation that few have heard of). Again, that silly restriction wouldn't apply if you have legal residency status. The ATF website has a FAQ section that touches on this subject.
    Last edited by OC4me; 12-30-2012 at 05:22 PM.

  4. #4
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    Quote Originally Posted by Etkini View Post

    You may carry if you are a non-resident for self protection. This excludes schools, court houses, and any federally owned property. I have also heard mixed answers regarding banks, with the state attorney general's office stating you can not carry in them. I never really looked too far into it (not that we have a lot of laws), but I don't recall seeing anywhere where you couldn't do so. It's never been an issue for me, my credit union is in another state and I generally only deal with them via mail.
    Yeah...I don't see it either. Someone should follow up with AG to see what the thinking is.
    States donít have rights. People do.

  5. #5
    Regular Member David White's Avatar
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    Rights of non-US citizens

    Quote Originally Posted by forianski View Post
    Hello there!

    I'm a Canadian citizen and I have a country house near Highgate, Vermont.

    If I were to purchase a handgun for self-defence, would I be able to open carry in the state of Vermont even if I'm not a US citizen?

    Cheers,

    F.
    No you would not. You are not a US resident and as such.... No

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