Can it be done? L1A Visa

[baraco01]

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.

[Stupid]

Yes, it can. As long as he holds a valid hunting license.

The question is why? He's married to an American citizen. Getting green card is only 3 months process if I recall correctly. After he gets the green card, he can do whatever he wants without any complication.

[Beiruty]

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.

[baraco01]

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.

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

[hirundo82]

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.

That may have been the intention when the exception was written into federal law, but the law does not place any qualifications on the purpose the firearms are being acquired for. So long as a non-immigrant alien has a valid hunting license, they may acquire and possess firearm for any lawful purpose as far as federal law is concerned.

18 USC §922
Unlawful Acts

(g) It shall be unlawful for any 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)));
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
...
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—
(2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(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;

[blue]

Green card, ETC.

Git er done !---AS SOON AS POSSIBLE!---.

The costs and hassles go UP at random intervals.

With "homeland security", and all the other 'agencys', and political winds changing DAILY-- Who knows what just tomorrows rules/costs/hassles will be?



Good Luck,
Blue

---------------
Old Texas saying-- "I wasn't born here, but I got here as soon as I could!"

[Beiruty]

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

[baraco01]

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.

[tacticool]

Texas does not require US Citizenship to grant a CHL, they require a green card.

Source?

[Beiruty]

Acually requirement is to be admitted to US on immigration Visa. See FAQ above. Now, l have feeling that DPS are providing conflicting info betweem packets req section and DPS website

[dicion]

The question is why? He's married to an American citizen. Getting green card is only 3 months process if I recall correctly.

No, a Green card is a 2+ Year process that costs over $4,000 in filing fees, etc.

I say 2+, because you can get your 'probationary' green card in about 2 years, but it really takes about 3-4 years to get through the entire process, end to end.

I did this back in 2005. I'm an American Citizen, my wife and I got married, we started the process January 2005. Took until late 2008 until the process was 100% 'complete'.

[chrisansilver]

The question is why? He's married to an American citizen. Getting green card is only 3 months process if I recall correctly.

No, a Green card is a 2+ Year process that costs over $4,000 in filing fees, etc.

I say 2+, because you can get your 'probationary' green card in about 2 years, but it really takes about 3-4 years to get through the entire process, end to end.

I did this back in 2005. I'm an American Citizen, my wife and I got married, we started the process January 2005. Took until late 2008 until the process was 100% 'complete'.

, somewhat expensive, and yes time consuming. He has been told that the green card process will take 2 to 3 years, he is on the 1st 3 year visa. Will begin the process shortly on applying for green card, probably will take a 2nd 3 year visa to gitter done. CHL class for him is in December, I have pointed him in the direction of this Forum and sure he will be signing up soon.
Thanks for the help.

[chartreuse]

I say 2+, because you can get your 'probationary' green card in about 2 years, but it really takes about 3-4 years to get through the entire process, end to end.

This part isn't always true. It depends upon how long you've been married. For newlyweds, sure, it's as you say. But if you've been married longer than 2 years, the non-USC skips straight to the permanent green card, with no conditional one, no need to adjust status, etc. Took us around 6 months, give or take.

[BigAl1410]

Two suggestions:

1. Contact DPS CHL website: http://www.txdps.state.tx.us/administra ... sindex.htm" onclick="window.open(this.href);return false; for the answer to the CHL question. You may also call them using the number on their website.

2. Contact an Immigration lawyer. Lay opinions do not count. He needs to do that at some point.

Good luck.