Can a non-citizen with a green card get a CHL?

[Doug.38PR]

Someone was asking my father today about how to get a CHL. He is a non-citizen from Japan and just got here recently and is planning to get a home and bring his family. Does not plan to become a citizen just a have a permenant residence on a green card status. Can he get a CHL?

[nitrogen]

Any immigrant visa means you should be good to go. Greencards I believe count.

What is he CURRENTLY in the country as? He'll be ok once he gets his greencard, but depending on what he's currently in the country as, that'll change what he can get now. In general, if he's legal to buy a gun, he should be able to get a CHL.

[Lucky45]

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(9) is fully qualified under applicable federal and state law to purchase a handgun;

If he has a green card then he is fine, he just has to proof that he was a resident in Texas. ie. Utility bills, etc.
But I'm not sure on other visas, because they are usually temporary. Like H-1, work visas. The test would be if he can purchase a gun, because I think they only accept Green Cards.

[nitrogen]

Most "work" visas (i.e. H1b's) are nonimmigrant visas, so wouldn't be applicable usually.

Check here if you ever care to get into all the crazy details.

[rl168]

If he has a greencard, he can apply for CHL. I know because I just got mine

Of course he has to meet the other requirements such as Texas residency, no felony and etc.

[Stupid]

Yes, you can. I have been holding CHL for years now. I am not a American citizen and I have green card.

One thing, don't expect that every gun shop will waive background check when buying firearm just because you have CHL. Be prepared to have all the documents and encounter waiting period.

It's interesting that even illegal immigrants can buy firearms by claiming that they are American citizens - there's no verification of any document/ID for citizenship. We law bidding citizens have to go through all these troubles.

[shootthesheet]

Illegal aliens cannot buy thru a FFL. They cannot legally buy or possess any firearm from anyone. Please do not post that they can, with any hint of it being legal. Yes, they get them but, not legally.

He can get a CHL as stated.

[frankie_the_yankee]

Illegal aliens cannot buy thru a FFL. They cannot legally buy or possess any firearm from anyone. Please do not post that they can, with any hint of it being legal. Yes, they get them but, not legally.

He can get a CHL as stated.

Stupid did not imply in any way that it was legal for an illegal alien to buy a gun. He merely pointed out that there is no verification of citizenship or legal resident (green card) status when buying a gun through an FFL. So if they are willing to lie, a federal felony I believe, they are de facto able to buy a gun.

This happens to be correct. It might not be desireable, (It definitely isn't desireable to me.) but like it or not it is correct.

I would have no problem with either one of two approaches to correcting this "loophole".

1) Require driver licenses to list citizenship or legal residency status. So your driver license (or state ID card for non-drivers) would list "US Citizen", or "Resident Alien" right on the front.

Of course, proof of status would be required to obtain or renew a driver license.

2) Require proof of citizenship (birth certificate, passport) or legal residency status (green card or other valid visa such as a work or student visa) to be presented when buying a gun from an FFL.

I would prefer #1 myself, as it would have the extra benefit of making it easy to ensure that only citizens vote.

[shootthesheet]

Not the point at all Yank. A statement like that on a pro-2A forum is food for the nuts trying to take our guns. Yes, anyone can do most anything if they have access to the right criminals. My point is we cannot post things like that and wanted to point it out as close to the post as possible. Thus I used "legally". "Measure twice, cut once."

[flb_78]

What I would like to know is, why would you come here and want our rights, but then not want to become a citizen?

[frankie_the_yankee]

What I would like to know is, why would you come here and want our rights, but then not want to become a citizen?

Who said anything about someone not wanting to become a citizen?

I'm not familiar with all of the details, but I know the process takes time. And getting a green card is usually one of the steps along the way.

Why should someone be without effective means of self defense for the years it takes to become a citizen?

[flb_78]

Someone was asking my father today about how to get a CHL. He is a non-citizen from Japan and just got here recently and is planning to get a home and bring his family. Does not plan to become a citizen just a have a permenant residence on a green card status. Can he get a CHL?

well, he said it.

[flb_78]

also, I think it's great that someone wants to move here legally and contribute to out society. I do believe that if he is in the confines of the law, that he should be allowed to carry. I never said anything to oppose that view. I was just wondering why someone would come here, ask for the same rights, but then NOT want to become a citizen.

[seamusTX]

What I would like to know is, why would you come here and want our rights, but then not want to become a citizen?

I'll answer this question in the general case. I know a guy who is a British citizen and a permanent U.S. resident. He also has a CHL.

If he became a U.S. citizen, he would have to renounce his British citizenship and surrender his British passport.

He works in operations in Middle East countries. There are places in the world where having a U.S. passport results in greater scrutiny and sometimes harassment or even kidnapping.

Giving up his British citizenship would also make it more difficult for him to work and travel in the U.K. and the European Union, should he choose to do so in the future.

- Jim