Advice for a "Green Card" Holder

[adv]

Hi folks,
Anyone with a Green card out there with a CHL??? I did my CHL but can't see anywhere on the paperwork that requires a copy of my Permanent Resident Card, which I find a little strange (actually a little worrying). Any CHL holders who are non citizens have any advice on what they sent in regards to paperwork or issues they had along the way???
Thank-You

[Beiruty]

Yes, no issue for CHL. You need the green card to buy firearms. State of TX does not ask for legal residency on CHL application. Only being a resident of TX for more than 90 days.
While doing BG check DPS will know your legal status and Green Card is fine. I sent photocopy of my Green card with the CHL Application. You will be better do so to speed up the process.

[joe817]

Hi adv, welcome to the forum! And glad to have you with us.

As you can tell by Beiruty's response, there is a wealth of CHL and gun related information on the forum right at your fingertips. And a wonderful group of men & women to get to know.

I look forward to your future posts. What area of this great State are you located?

[adv]

Thanks for the very quick replies, I will rest easy tonight knowing that all is OK!!
I'm in Houston by the way (North). What a great forum, so glad I found it.

[grumble]

Law re: residency changed in '09. No longer need to be a TX resident for >90 days - Now if you have a TX driver's license, you are considered a resident (with minor exceptions, such as residency status for in-state tuition). This was specifically covered in my CHL class on 12/18.

Yes, no issue for CHL. You need the green card to buy firearms. State of TX does not ask for legal residency on CHL application. Only being a resident of TX for more than 90 days.
While doing BG check DPS will know your legal status and Green Card is fine. I sent photocopy of my Green card with the CHL Application. You will be better do so to speed up the process.

[ghostrider]

>No longer need to be a TX resident for >90 days

That is true for a CHL, but it still applies for firearms purchases through an FFL.

[Skydivesnake]

> You need the green card to buy firearms

Incorrect, you just need a resident alien number (A-number), which you get with other types of visas, like an E2, which is what I had prior to my green card.

[lancermit]

>No longer need to be a TX resident for >90 days

That is true for a CHL, but it still applies for firearms purchases through an FFL.

This is an odd concept, because under 411.172, one of the eligibility requirements for getting a Texas CHL is: (9) is fully qualified under applicable federal and state law to purchase a handgun;.

So, if the 90-day thing (actually, isn't it 180 days?) is no longer a valid CHL requirement, aren't you, in a round-a-bout way, still required to have a residency minimum, because you have to meet condition (9)?

[boomerang]

Texas residency is a non issue for a CHL. You have to be legally in the US but someone in Utah could get a Texas CHL.

[ghostrider]

>So, if the 90-day thing (actually, isn't it 180 days?) is no longer a valid CHL requirement, aren't you, in a round-a-bout
> way, still required to have a residency minimum, because you have to meet condition (9)?

logically, that is probably correct. However, I'm not sure logic applies to federal laws (any maybe this is an ATF rule rather than a law ?). The bottom line is, if a non-citizen purchases a firearm from an FFL, I'm pretty sure they'll be required to show proof of 90 days "continuous" residence in the state independent of the TX DL and CHL.

[ghostrider]

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.

:-)

[ScottDLS]

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?

[Kevinf2349]

When I applied for my CHL is was a green card holder and I sent in a copy of my green card. I was advised to do so by my CHL instructor but that may have been to avoid giving the DPS an excuse to delay the process!

Anyway, as I became a citizen half way through the wait they DPS asked for a copy of the Certificate of Naturalisation (not sure why, but they did).

As for purchasing a gun before my CHL all that was required was proof of TX residency (utility bills worked just fine) for 90 days and my alien number on the application. Of course after the CHL all you need do is flash the plastic

So my take would be to send a copy of your green card with your CHL application if only to take away the delay of them asking for it, even though I saw nothing in the requirements to ask for it.

[chabouk]

>No longer need to be a TX resident for >90 days

That is true for a CHL, but it still applies for firearms purchases through an FFL.

This is an odd concept, because under 411.172, one of the eligibility requirements for getting a Texas CHL is: (9) is fully qualified under applicable federal and state law to purchase a handgun;.

So, if the 90-day thing (actually, isn't it 180 days?) is no longer a valid CHL requirement, aren't you, in a round-a-bout way, still required to have a residency minimum, because you have to meet condition (9)?

Don't worry, if someone with a green card mailed their CHL application on the day they moved to Texas, it would probably be more than 90 days anyway.

[Beiruty]

> You need the green card to buy firearms

Incorrect, you just need a resident alien number (A-number), which you get with other types of visas, like an E2, which is what I had prior to my green card.

As mentioned in the replies, this is a special case for non-resident, on temp VISA to buy firearms for shooting sporting competition and hunting. This exception has restrictions. Like you cannot conceal carry,if you do so you are on violation of Federal Law even though DPS of TX may issue a CHL.