• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Open Carry for a Non-Resident Alien

spartans

Regular Member
Joined
Jun 21, 2009
Messages
14
Location
, ,
imported post

I am a Canadian citizen who will be visiting your wonderful State this August.

I am bringing my Glock 17 (have filled out the required paper work and permits to legally bring gun into the States)

my question is:

can a non-resident Alien OPEN CARRY in AZ? if yes, how so? what permits / forms do I need etc?

also, can anyone tell me what can be legally hunted in Aug with a pistol (9mm)

Thank you
 

TOF

Regular Member
Joined
Nov 2, 2008
Messages
443
Location
Happy Jack, Arizona, USA
imported post

Arizona Law regarding weapons is listed at the following link

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13

skip down to chapter 31

Copiedfrom Definitions:

7. "Prohibited possessor" means any person:

(a) Who has been found to constitute a danger to himself or to others pursuant to court order under section 36-540, and whose court ordered treatment has not been terminated by court order.

(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.

(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.

(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.

(v) Persons who have received a waiver from the United States attorney general.

You can hunt predators such as Coyotes year round. Big game available then would be Lion.

Aditional hunt info available here: http://www.gf.state.az.us/

Enjoy your stay.
 

davesnothere

Regular Member
Joined
Dec 20, 2008
Messages
83
Location
Mesa, Arizona, USA
imported post

TOF wrote:
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
I think this part in particular outlines what you'll need.

Section (e), subsection (i) states that you'll need a permit. I'd imagine that you'll need to get this from DPS, or possibly through a County Sheriff's office.
 

JesseL

Regular Member
Joined
May 22, 2006
Messages
207
Location
Prescott, Arizona, USA
imported post

davesnothere wrote:
TOF wrote:
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
I think this part in particular outlines what you'll need.

Section (e), subsection (i) states that you'll need a permit. I'd imagine that you'll need to get this from DPS, or possibly through a County Sheriff's office.
Wouldn't it be simpler just to pick up a hunting license at any Wal-Mart, sporting goods store, or gun store?
 

davesnothere

Regular Member
Joined
Dec 20, 2008
Messages
83
Location
Mesa, Arizona, USA
imported post

JesseL wrote:
davesnothere wrote:
TOF wrote:
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
I think this part in particular outlines what you'll need.

Section (e), subsection (i) states that you'll need a permit. I'd imagine that you'll need to get this from DPS, or possibly through a County Sheriff's office.
Wouldn't it be simpler just to pick up a hunting license at any Wal-Mart, sporting goods store, or gun store?
I'm not a hunter (yet), and I haven't read everything that DPS and AZGFD have to say on the matter, but I'd bet that a hunting permit doesn't get you off the hook as a non-resident alien OC'ing in an urban area.
 

JesseL

Regular Member
Joined
May 22, 2006
Messages
207
Location
Prescott, Arizona, USA
imported post

davesnothere wrote:
I'm not a hunter (yet), and I haven't read everything that DPS and AZGFD have to say on the matter, but I'd bet that a hunting permit doesn't get you off the hook as a non-resident alien OC'ing in an urban area.
The law says it does.

That's not to say that a police officer who's already asked for ID will see it that way right off...
 

Sonora Rebel

Regular Member
Joined
Aug 6, 2008
Messages
3,956
Location
Gone
imported post

Hunting anything with a 9mm handgun is a stupid idea to begin with. Coyotes? You'll never get near 'em... unless you plan to shoot from your car window.... which is a felony. Know the immediate difference between a coyote and a gray wolf? The wolf is an endangered species. Lion? Yeh right... This desert will 'eat you'. Stay out of it. Last thing we need here isCanadian wanderin' around shootin' at everything that moves for the helluvit. Point of fact... you are a foreigner... analien. You cannot legally go among us armed.We have enough of that from the south already.

A hunting license does not extend to wandering OC altho nobody will stop you. You are NOT hunting. You are merely armed. As a non-resident alien... you are illegally armed.
 

davesnothere

Regular Member
Joined
Dec 20, 2008
Messages
83
Location
Mesa, Arizona, USA
imported post

Sonora Rebel wrote:
A hunting license does not extend to wandering OC altho nobody will stop you. You are NOT hunting. You are merely armed. As a non-resident alien... you are illegally armed.
As I suggested before, you should get the right permits through DPS if you're considering carry.

I'm not all that against foreign citizens carrying, as long as they comply with the appropriate laws to do so.
 

Sonora Rebel

Regular Member
Joined
Aug 6, 2008
Messages
3,956
Location
Gone
imported post

Foreigners carrying? I'm against it... damned right I'm against it. We are a sovereign nation. If Canadians are OK... then Mexicans, Guatamalans, El Salvadorans, Haitians 'n who knows what else is OK. No... it ain't OK. It's our RIGHT... not theirs. Hunting and target competitions are one thing... but walkin' around heeled is something else again. We still have states where our own citizens can't do that. No... this goes beyond 'being nice'... it's being stupid.
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
imported post

Sonora Rebel wrote:
Foreigners carrying? I'm against it... damned right I'm against it. We are a sovereign nation. If Canadians are OK... then Mexicans, Guatamalans, El Salvadorans, Haitians 'n who knows what else is OK. No... it ain't OK. It's our RIGHT... not theirs. Hunting and target competitions are one thing... but walkin' around heeled is something else again. We still have states where our own citizens can't do that. No... this goes beyond 'being nice'... it's being stupid.

Wouldn't you want to be able to carry in those other countries? I had a permit while I was in Panama. I think we should work to get reciprocity with other countries to be able to carry there. Canada will issue permits for Americans to possess (not carry) firearms in Canada.

DPS will *not* issue a concealed carry permit for non-immigrant aliens. They used to, before 9/11, but afterword they refused to do so. I am 99% sure that it was because of pressure from the Department of Homeland Security. About the same time, Minnesota law was changed to require citizenship or a green card to obtain a permit.

I believe that a hunting license is all you would need to open carry, and that is what I advise my friends.
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
imported post

spartans wrote:
I am a Canadian citizen who will be visiting your wonderful State this August.

I am bringing my Glock 17 (have filled out the required paper work and permits to legally bring gun into the States)

my question is:

can a non-resident Alien OPEN CARRY in AZ? if yes, how so? what permits / forms do I need etc?

also, can anyone tell me what can be legally hunted in Aug with a pistol (9mm)

Thank you
Welcome to Arizona! I have met many Canadians who spend the winter here, and they are nice people. I hope you enjoy your trip. If you will be coming to Yuma, let me know and I will PM you with a phone number so I can answer any questions while you are there.


I believe a hunting license is all that you will need to be able to open carry in Arizona. If you can legally bring the firearm to Arizona, you can probably open carry here. Remember, America operates on the principle that "if it is not forbidden, it is allowed", while it seems that much of the world operates on the principle "if it is not allowed, it is forbidden".

Unfortunately, we seem to be moving in that direction.
 

TOF

Regular Member
Joined
Nov 2, 2008
Messages
443
Location
Happy Jack, Arizona, USA
imported post

Many years ago I drove the Alcan Highway to get to Alaska. The Canadians were considerate enough to allow me to place my loaded revolver in a plastic bag which they subsequently sealed. Although it was sealed it was quite functional and ready if needed. They also allowed my long guns to travel unencumbered without seals. Were I to make a similar trip today I would certainly research methods by which I could carry protection, sealed or not. If the rumor mill is correct I would not be able to but that would not stop me from checking.

If spartans wishes to do the same on his visit to the US I think we should help in his info search. If he came on the forum and said he was sneaking across the US-Canadian line with a bunch of guns and needed false papers so he could keep them I would think otherwise.

Conditions in the USA are certainly no less dangerous for our Northern Neighbors than for us, perhaps more dangerous if a BG see’s their Canadian license plate.

I am just as much against the “Illegal Alien” situation on our southern border as any of you. That doesn’t mean I can’t be a good neighbor to those visiting while fully complying with our laws.


PS: A ruger single six .22 Mag makes a great Coyote gun if you know how to get the job done.
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
imported post

I do not have my Arizona Hunting regulations with me, but I believe you can find them on line.

I believe you can use a centerfire handgun to hunt all small game in Arizona. Either cottontail or Jack rabbits are legal to hunt all year round.

The law does not say that you *must* be hunting to have the firearm. It merely says you need a hunting license to posess the firearm. In Arizona, if you can legally possess the firearm, you can legally open carry it (except on school grounds or in a few municipal parks).
 

davesnothere

Regular Member
Joined
Dec 20, 2008
Messages
83
Location
Mesa, Arizona, USA
imported post

Sonora Rebel wrote:
Foreigners carrying? I'm against it... damned right I'm against it. We are a sovereign nation. If Canadians are OK... then Mexicans, Guatamalans, El Salvadorans, Haitians 'n who knows what else is OK. No... it ain't OK. It's our RIGHT... not theirs. Hunting and target competitions are one thing... but walkin' around heeled is something else again. We still have states where our own citizens can't do that. No... this goes beyond 'being nice'... it's being stupid.
We are a sovereign nation, yes. No question about that. And still, I don't mind non-resident aliens carrying, so long as they are in the country legally, and have the appropriate permits.

Long term I hope that every State will adopt Vermont rules and that the Federal Government will move closer to the original meaning of the 2A, so with that said, no, non-resident aliens shouldn't have the same 2A rights that the rest of us do, nor do I think that they should. Permits should be a requirement, both for open and concealed carry.

It is unreasonable to think we should throw away the basic right to self-defense with respect to non-resident aliens who are here legally.

Sonora Rebel, I have read some of your other posts, and I know some of the things that you've had to deal with personally from your accounts, particularly with respect to illegal aliens, so I can see where you might be coming from, but I believe you are overlooking the bigger picture.

A non-resident alien from any country, who is here legally, and is willing to obtain the appropriate permits, should be allowed to carry. Why not? They may be here trying to become American citizens. Should we prevent them from enjoying this basic freedom until they have sworn an oath? I don't see why that should be a preventative step. If they break the law, then they are going to do it whether we allow them to carry open or not.

Illegal aliens who wish to be "heeled" won't respect the need for a permit to carry openly for two reasons: a) they are already here illegally so breaking one more law won't really matter, and b) as an illegal they don't have the proper documentation to get a non-resident alien permit anyway.

The law-abiding shouldn't have unnecessary restrictions placed on them in order to defend themselves and their property. I believe that is true whether they are American, Zimbabwean, Russian, or Martian.
 

TOF

Regular Member
Joined
Nov 2, 2008
Messages
443
Location
Happy Jack, Arizona, USA
imported post

ccwinstructor wrote:
I do not have my Arizona Hunting regulations with me, but I believe you can find them on line.

I believe you can use a centerfire handgun to hunt all small game in Arizona. Either cottontail or Jack rabbits are legal to hunt all year round.

The law does not say that you *must* be hunting to have the firearm. It merely says you need a hunting license to posess the firearm. In Arizona, if you can legally possess the firearm, you can legally open carry it (except on school grounds or in a few municipal parks).

The regs are readily available from the Arizona Game And Fish Dept. : http://www.gf.state.az.us/


Any centerfire handgun is legal for small and large game except for Buffalo which requires .41 Magnum or greater.
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
imported post

Sonora Rebel wrote:
Foreigners carrying?  I'm against it... damned right I'm against it.  We are a sovereign nation.  If Canadians are OK... then Mexicans, Guatamalans, El Salvadorans, Haitians 'n who knows what else is OK.  No... it ain't OK. It's our RIGHT... not theirs.  Hunting and target competitions are one thing... but walkin' around heeled is something else again.  We still have states where our own citizens can't do that. No... this goes beyond 'being nice'... it's being stupid.
The human right to self-defense precedes our national sovereignty.
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
imported post

Sonora Rebel wrote:
A hunting license does not extend to wandering OC altho nobody will stop you. You are NOT hunting.  You are merely armed. As a non-resident alien... you are illegally armed.
That's not what the law says. The law doesn't say "is hunting", it says "has a hunting license".

Check your prejudice at the door. Any reasonable interpretation of law is uncolored by such.
 
Top