TexasCHLforum.com

Beiruty wrote:So weird, as the first paragraph reads:

According to 18 U.S.C. §922(g)(5)(b), it shall be unlawful for any person who, being an alien
except as provided by subsection (y)(2), has been admitted to the United States under a
non-immigrant 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 receive, possess, or transport any firearm or
ammunition.

"except as provided by subsection (y)(2), " the exception is what makes it legal.

They do!
Please see the attached form for required documentation.

http://www.txdps.state.tx.us/InternetFo ... CHL-40.pdf" onclick="window.open(this.href);return false;

Beiruty wrote:Straight from DPS CHL FAQ:

If I am a legal resident alien, can I get a license?
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.

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

Thank you. It is that exact reference that motivated me to post the question originally. In my mind that is not a definitive bar.
The words "usually are not qualified to purchase a handgun and therefore, do not qualify for a license" contemplate an exemption as exists under Federal Law. Also the DPS has modified its form setting out additional documentation required for applicants not born in the US to include the following:

4. If a Non-Immigrant Alien, an alien in the United States in a non-immigrant status, please
provide a U.S. Visa, I-94 Arrival/Departure Record and a hunting License. The
definition of a non-immigrant alien includes, in large part, persons traveling temporarily
in the United States for pleasure or business, persons studying in the United States who
maintain a residence abroad, and certain foreign workers. This does not include
permanent resident aliens.

There is no requirement under the eligibility criteria in the statute to be a citizen or green card holder-merely to be "fully qualified under applicable federal and
state law to purchase a handgun" hence the hunting license exemption reference.

My original question related to the interpretation of the words "fully qualified". As my application has already been submitted, I will update those interested once I hear back.

Beiruty wrote:

dumbell2 wrote:

Beiruty wrote:To satisfy Federal Low, CHL requires the NON-CITIZEN to have a Green Card.

Federal Law has an exemption for holders of hunting licenses. The text below is from the supplemental form for the Texas CHL.

If a Non-Immigrant Alien, an alien in the United States in a non-immigrant status, please
provide a U.S. Visa, I-94 Arrival/Departure Record and a hunting License. The
definition of a non-immigrant alien includes, in large part, persons traveling temporarily
in the United States for pleasure or business, persons studying in the United States who
maintain a residence abroad, and certain foreign workers. This does not include
permanent resident aliens.

Hunting license dioes not qualify the temp resident to have a CHL.

Can you please point me to a reference? Thank you.

Beiruty wrote:To satisfy Federal Low, CHL requires the NON-CITIZEN to have a Green Card.

Federal Law has an exemption for holders of hunting licenses. The text below is from the supplemental form for the Texas CHL.

If a Non-Immigrant Alien, an alien in the United States in a non-immigrant status, please
provide a U.S. Visa, I-94 Arrival/Departure Record and a hunting License. The
definition of a non-immigrant alien includes, in large part, persons traveling temporarily
in the United States for pleasure or business, persons studying in the United States who
maintain a residence abroad, and certain foreign workers. This does not include
permanent resident aliens.

can2boy wrote:Sorry I can't answer your question but i do want to welcome you to TX and TCHLF my fellow nooooo yokkkkker.

Thank you! I also got to Texas as soon as I could.

boba wrote:

dumbell2 wrote:Hi
I just moved to TX from NY. When looking over the application materials, the information provided does not seem to contemplate the exemption to the restriction on buying a handgun for non-immigrant visa holders who have a hunting licence.

Howdy! Welcome to Texas. Unlike some Yankee states, you don't need a handgun license to hunt with a handgun in Texas. The hunting license is enough.

Thank you for the welcome! Non-resident aliens are required to have a hunting license to possess a firearm in the US-whether they intend to hunt or not.

I believe this form sets out the requirements for visitors which mirrors the federal law.

http://www.txdps.state.tx.us/InternetFo ... CHL-40.pdf" onclick="window.open(this.href);return false;

Just found out that Texas (thank you Gov Perry) unilaterally gives full faith and credit to NY concealed handgun licenses.

MrsFosforos wrote:If you are a resident alien and didn't come here on a non-immigrant (aka a student or temporary work) visa, you should qualify.

From the Texas DPS site:
http://www.txdps.state.tx.us/administra ... chlfaq.pdf

Thank you for your response, I looked at the FAQ and was interested in the words "usually is not qualified ... and thus is not eligible". There is an exemption to the Federal bar i.e. hunting license, so I am interested to know how that is interpreted in TX.

TheReverend wrote:as far as i know you have to be a citizen or a permanent resident (have a green card) in order to get a CHL. If my memory is right, the forms require a photocopy of your GC if you are not a citizen.

The TX Statute is quite clear that you do not have to be a citizen/GC holder (unlike Fl), my concern is in the interpretation of the law.

Hi
I just moved to TX from NY. When looking over the application materials, the information provided does not seem to contemplate the exemption to the restriction on buying a handgun for non-immigrant visa holders who have a hunting licence. Has anyone else come across this issue. I am eligible to purchase handguns under federal law and have a NY CHL, but was wondering if this would be an issue when I apply for my TX CHL. Thanks in advance for any info.
UPDATE: As long as you provide the information required under CHL Form 40 you are good to go!

http://www.txdps.state.tx.us/InternetFo ... CHL-40.pdf" onclick="window.open(this.href);return false;