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Green card holders and firearms

John Pierce

Administrator
Staff member
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May 5, 2006
Messages
1,765
May I purchase a firearm if I have a green card?

Some version of this question shows up in my email almost every week.

It is hardly surprising since there is a great deal of confusion concerning green card holders and firearms.

Those who reach out to me are roughly divided into two groups.

The first group has been told that only full-blown US citizens may purchase firearms.

The second group has been told that anyone legally present in the Unites States may purchase firearms.

The two groups have one thing in common … they have both been given incorrect (or at least incomplete) information.

Let’s break this down step-by step:

I fully answer the question on my law office website here:

https://johnpierceesq.com/green-card-holders-and-firearms/
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
12,894
Location
Fairborn, Ohio, USA
This very question came up at the gun counter the other day. In going over the 4473, I was relatively certain that the sale was lawful, however upper management told me to call the local ATF for a reading.

Even the ATF representative seemed to think that a green card holder was not a resident. I went over the questions with him, making him doubt his initial answer. He did further research, called me back, and agreed that the sale was lawful. We sold the firearm to the green card holder.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
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Location
here nc
This very question came up at the gun counter the other day. In going over the 4473, I was relatively certain that the sale was lawful, however upper management told me to call the local ATF for a reading.

Even the ATF representative seemed to think that a green card holder was not a resident. I went over the questions with him, making him doubt his initial answer. He did further research, called me back, and agreed that the sale was lawful. We sold the firearm to the green card holder.
still working at <REDACTED>?

then the buyer was active/retired or spouse of same, who are afforded appropriate purchase privileges?

Oh and course a resident of the buckeye state with viable ID?
 
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scouser

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Apr 4, 2011
Messages
1,312
Location
804, VA
This very question came up at the gun counter the other day. In going over the 4473, I was relatively certain that the sale was lawful, however upper management told me to call the local ATF for a reading.

Even the ATF representative seemed to think that a green card holder was not a resident. I went over the questions with him, making him doubt his initial answer. He did further research, called me back, and agreed that the sale was lawful. We sold the firearm to the green card holder.
Well that's stupid. On the front of the card it says "United States of America Permanent Resident", I know it does, I just checked mine.

Only issues I've ever had buying has been the background check has sometimes taken about 24 hours to come back as ok, but I've gone into the purchase with that in mind so I would usually tell the FFL that I'd call them back the next day to check if they'd heard a response yet.
 

color of law

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Oct 7, 2007
Messages
4,058
Location
Cincinnati, Ohio, USA
Well that's stupid. On the front of the card it says "United States of America Permanent Resident", I know it does, I just checked mine.

Only issues I've ever had buying has been the background check has sometimes taken about 24 hours to come back as ok, but I've gone into the purchase with that in mind so I would usually tell the FFL that I'd call them back the next day to check if they'd heard a response yet.
That's what it says on the card, but what matters is what the law says.
My Social Security card says it is not for identification, but the law says otherwise.

I'm just say'n.
 

solus

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here nc
still working at <REDACTED>?

then the buyer was active/retired or spouse of same, who are afforded appropriate purchase privileges?

Oh and course a resident of the buckeye state with viable ID?
John absolutely no need to modify my statement to REDACT anything as due to his past rants eye95 had specifically stated in jan 2014, quote:
Just to mention a few:

There is no discount for associates.
Associates can purchase anything the exchange sells except alcohol, tobacco, and military clothing sales items.
Associates who otherwise have privileges can buy anything.
The general public can buy snack food and restaurant food items.
There are several other categories of authorized shoppers beside active, reserve, and retired service members.
There is no sales tax on purchases at the Exchange, regardless of the purchaser's status.

I work for the Exchange. I know whereof I speak. The other poster is speaking from ignorance. unquote.

https://forum.opencarry.org/index.php?threads/impressions-of-a-gun-show-virgin.119898/
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,058
Location
Cincinnati, Ohio, USA
John, eye95's own words.
https://vb.opencarry.org/index.php?threads/requirements-to-carry-to-work-would-you-comply.116695/#post-1974448
Per eye95:
What base is this? I don't know of one that allows carry, even when registered. Here at <REDACTED> you can't. The only registration of firearms is for those who live on base and keep a gun in their house or for those who live in the dorms and keep a gun in the armory. However, with very few, very specific exceptions, you can't even have a gun in the car with you, let alone carry it.
Also, here on another forum.
<REDACTED>
 
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HP995

Regular Member
Joined
Dec 5, 2012
Messages
515
Location
MO, USA
Joke: Equal rights for all law abiding Americans, including the undocumented! :D

Meaning: Get it? Despite the word undocumented, such aliens have broken laws, therefore not law abiding or legit. Self contradictory.

But green card holders have (we hope) followed a legal process to be here. Very different. So good for them!

It's not a matter of race. (That's a ruse to mislead gullible people.) Good to see the purchasing info clarified here.
 

John Pierce

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Staff member
Joined
May 5, 2006
Messages
1,765
John absolutely no need to modify my statement to REDACT anything as due to his past rants eye95 had specifically stated in jan 2014, quote:
Just to mention a few:

There is no discount for associates.
Associates can purchase anything the exchange sells except alcohol, tobacco, and military clothing sales items.
Associates who otherwise have privileges can buy anything.
The general public can buy snack food and restaurant food items.
There are several other categories of authorized shoppers beside active, reserve, and retired service members.
There is no sales tax on purchases at the Exchange, regardless of the purchaser's status.

I work for the Exchange. I know whereof I speak. The other poster is speaking from ignorance. unquote.

https://forum.opencarry.org/index.php?threads/impressions-of-a-gun-show-virgin.119898/
I make it a point to allow any user to request personally identifying information (especially very specific example of such) to be redacted if they want it to be. Even if they post it themselves.

Let's all try and be civil, even to users you don't agree with.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,058
Location
Cincinnati, Ohio, USA
I make it a point to allow any user to request personally identifying information (especially very specific example of such) to be redacted if they want it to be. Even if they post it themselves.

Let's all try and be civil, even to users you don't agree with.
But, wouldn't that chill lively debate? After all, most of us gun owners are a little hard headed and little slapping around is sometimes necessary to get the point across. Gentle persuasion doesn't always work. You are an attorney, you know that.
 

John Pierce

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Staff member
Joined
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Messages
1,765
But, wouldn't that chill lively debate? After all, most of us gun owners are a little hard headed and little slapping around is sometimes necessary to get the point across. Gentle persuasion doesn't always work. You are an attorney, you know that.
I didn't say to agree with others. Just be civil in disagreement. :)
 

Beretta92fsQueer

Regular Member
Joined
Jul 5, 2017
Messages
24
Location
Somewhere over the rainbow
Joke: Equal rights for all law abiding Americans, including the undocumented! :D

Meaning: Get it? Despite the word undocumented, such aliens have broken laws, therefore not law abiding or legit. Self contradictory.

But green card holders have (we hope) followed a legal process to be here. Very different. So good for them!

It's not a matter of race. (That's a ruse to mislead gullible people.) Good to see the purchasing info clarified here.

Even undocumented, or any non law-abiding individual for this matter, have a RTKBA for self-defense. I think there have been rulings/findings that state otherwise with regard to drug dealers, but it's my opinion non law-abiding individuals have the RTKBA. Rights aren't simply American citizen or green card carrier rights, they are inherent Rights. That's the double-edged sword of living in a Constitutional Republic is that if the fundamental principle is Rights are endowed on all men, then that include all men, period, regardless of status.

We had this issue in Washington state where a man that was growing weed had a self-defense situation unfold while being robbed. I believe he ended up being convicted (can't find the case). While he had a right to self-defense, he was breaking a federal law growing marijuana. Personally, I think if he was defending his life and limb he isn't breaking a gun law. On the other hand if he was defending his weed then that's a whole other story.

Drugs shouldn't be illegal.

 
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