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by ScottDLS
Sun Nov 27, 2016 4:39 pm
Forum: General Texas CHL Discussion
Topic: Advice for a "Green Card" Holder
Replies: 27
Views: 14665

Re: Advice for a "Green Card" Holder

Beiruty wrote:You only buy the gun for you.
He can buy one for hunting (with a yearly hunting License) and for sporting purposes. It is a technicality but it is split-hair from a straw purchase (A federal felony).
Once an alien has a hunting license or invitation to a shooting event, he can possess ANY firearm, regardless of whether it is suitable for the activity. This is the Leftist definition of a "loophole" which must be closed by new "common sense" gun laws...to solve a problem that doesn't exist.
by ScottDLS
Tue Nov 22, 2016 6:45 pm
Forum: General Texas CHL Discussion
Topic: Advice for a "Green Card" Holder
Replies: 27
Views: 14665

Re: Advice for a "Green Card" Holder

youngtxs wrote:Hi All,
To ask another version of this question:

Situation: I am a natural-born US citizen and a Texas resident for 20+ years. I recently married an Italian citizen who has worked in the U.S. (on a work visa) for many years. We married in March '16 and he is currently pursuing a green-card via the fiancee visa process but that will take some time. In the meantime, we live in a neighborhood in Houston that has its share of crime including a couple of attempted home invasions in the last couple of years. It has been on my mind to purchase a handgun for home protection for several years but, I've waffled because I am worried that I am not the right person to have one. I tend to be a bit absent-minded and maybe me and a handgun didn't seem the best combination, which has of course, left me open to 'chance'. However, my husband is probably one of the most cautious, most OCD men on earth. He keeps his things (he's an amateur photographer) immaculate and safe. Along with that, many years ago in his youth, he served with the Italian navy (which included weapons training). So, since we now have someone in the house that can responsibly handle one, I'd like to revisit this subject.

Question 1: Do I understand the following facts from this string correctly?
1) My husband can buy a gun right now if he has lived in Texas for 90 days AND has a hunting license or invitation to a firearms related sporting event.
2) If he meets the above, he also can apply for a Texas CHL.
3) I can buy a handgun at any time.

Question 2: Is it correct that without a hunting license or an invitation, my husband cannot apply for a Texas CHL until he has a green card?

Thanks in advance for your help and apologies if I have re-asked an earlier question.

Joy
Question 1: YES.
Question 2: YES.

Since Texas says you must be qualified under Federal law to BUY a gun, in order to get a LTC, your husband must get a Hunting License or Invitation until he receives permanent residency. I don't know if the LTC application has a place for the Hunting License, but I believe it does have a place for the Visa Admission Number (A-number) on his current visa.
by ScottDLS
Wed Jan 06, 2010 1:07 am
Forum: General Texas CHL Discussion
Topic: Advice for a "Green Card" Holder
Replies: 27
Views: 14665

Re: Advice for a "Green Card" Holder

ghostrider wrote:In another roundabout way, the memo from ATF on firearms purchases for non-resident aliens used a CHL holder as an example of 'insufficient' eligibility to allow the purchase. ie. a non-resident alien with a valid state hunting license was fine, but a CHL was not. see? no logic.

:-)
The conflicting rules for purchase of a gun from a FFL by a lawfully admitted alien(non-citizen) vs. requirements to obtain a Texas CHL are what's causing the confusion here. Here's my best take on the rules.

- To obtain a Texas CHL, you must be qualified Federally to purchase/possess a firearm. This was done mainly so that Texas resident CHL's could use a CHL to avoid the background check when buying a handgun from a FFL.

- Under federal law, for a resident alien (green card holder) to be allowed to purchase a handgun they must have been a resident in the state where they purchase it for 90 days. If non-resident alien (no green card, but other legal visa status), they must also have a hunting license or invitation to a firearms related sporting event.

- For a US citizen non-resident of Texas (say Georgia), the citizen IS qualified under federal law to buy a handgun (IN GEORGIA), so they qualify under the Texas CHL requirement of being federally legal to buy a handgun from an FFL, although they can't buy one in Texas.


Make sense? .... Kind of?

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