Search found 3 matches

by baraco01
Fri Nov 12, 2010 1:47 pm
Forum: General Texas CHL Discussion
Topic: Can it be done? L1A Visa
Replies: 28
Views: 5112

Re: Can it be done? L1A Visa

Beiruty wrote:Just a warning a federal judge can easily rule that hunting licenses or permits dot allow a person to carry a concealed while said person is not actually engaged in hunting or sporting activities

IANAL, but as far as the federal law is concerned a non-immigrant alien can legally possess and purchase a firearm if: (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States; -- one does not have to be engaged in hunting activities or sporting activities. Now for concealing the weapon, that is the STATE's prerogative.... isn't it that states are the ones issuing concealed carry permits and not the fed?
I don't think a judge will do that. It's like if someone w/ a texas driver's license was stopped in a border patrol checkpoint in Arizona. The BP agents then learned that he was not a US citizen nor a green card holder but is legally here and entered the US legally. They (agents) won't arrest the person and send you to court for that so much that a judge would prosecute you for having a texas dl... Sorry for the comparison but i could not think of a simpler one. I hope our lawyers here can actually give light on this issue so we would be able to help the OP and not scare him on giving advices to his friend on getting a CHL.
by baraco01
Fri Nov 12, 2010 1:27 am
Forum: General Texas CHL Discussion
Topic: Can it be done? L1A Visa
Replies: 28
Views: 5112

Re: Can it be done? L1A Visa

Beiruty wrote:That is dodging the Federal rules, Federal rules may allow acquisition of firearms for hunting purposes (or sporting purposes) not for self-protection and certainly not for concealed carry purposes.
Straight from TX DPS website:
Eligibility Questions

Q)If I am a legal resident alien, can I get a license?
A)Under federal law, aliens who have been admitted to the U.S. under a non-immigrant visa, usually are not qualified to purchase a handgun and therefore, do not qualify for a license. However, as long as you were not admitted under a non-immigrant visa and are a legal resident of Texas, you may qualify.

Link: http://www.txdps.state.tx.us/administra ... hlfaqs.htm" onclick="window.open(this.href);return false;

It is very clear: Temp non-immigrant VISA, such H1B, L1, TN Status, F1 etc, are not eligible. Immigration VISAs, such wife immigration VISA, I-486 (change to permanent Resident), green card are eligible if there is no baring disqualification.
I would say, even if somehow a non-immigrant was issued a CHL, had a valid hunting licenses, and was caught carrying, Federal Authority (FBI) may arrest the non-immigrant and prosecute for unlawful weapon carrying charge.

In my packet, there was an extra white paper instructing me to include a copy of my green card.

Please check one of the papers included in your packet that says ELIGIBILITY ReQUIREMENT - Notice of Applicant Born Out of Country and check the 4th item there.
Also, if one, who is not a US citizen nor a green card holder, can legally purchase a firearm, TX DPS can issue CHL. Like you said if there is no barring disqualification - that would be issues other than citizenship or immigration status. I do not know about what you said about federal authority (FBI) may arrest the non-immigrant and prosecute for unlawful weapon carrying charge.
As far as the immigration status, even, non-green card holders can be given CHL as long as they entered the US legally and are still legally staying in the US at the time of the application.

ANd Beiruty, you are looking at the paper I was talking about. The green card thing is the #2 document. go down to the 4th ... The 4th is for non-immigrant aliens. ;-)
I don't agree w/ what you said : That is dodging the Federal rules, Federal rules may allow acquisition of firearms for hunting purposes (or sporting purposes) not for self-protection and certainly not for concealed carry purposes. -- to protect yourself, you can use anything - knife, fist, rock, firearms ( yours or some one else's). As for concealed carry, that is the STATE's prerogative and as far as TEXAS is concerned, these people are eligible as long as they have been good boys and girls. :angel:

I don't know if this link will work but check it out. Pay attention to the #4.... http://www.txdps.state.tx.us/InternetFo ... CHL-40.pdf
by baraco01
Thu Nov 11, 2010 10:56 pm
Forum: General Texas CHL Discussion
Topic: Can it be done? L1A Visa
Replies: 28
Views: 5112

Re: Can it be done? L1A Visa

Non-US citizens and non green card holders can get CHL. Many CHL instructors do not know this. I have talked to several instructors here in El Paso about it coz a friend of mine does not have a green card yet nor he is a US citizen. After several calls, I have talked to a gentleman who agreed to meet with me. I showed him a paper that was included in my packet when I took my class. It states that: From the ELIGIBILITY REQUIREMENT page
4. If a non-immigrant alien, an alien in the US in a non-immigrant status, please provide a US visa, I94 arrival/departure record and a hunting license.....
My friend already has his CHL.

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