Many Foreign Tourists -- and Most Foreign Students -- Are Barred from Going to Shooting Ranges

[KLB]

[1.] Federal law, 18 U.S.C. § 922(g), bans gun and ammunition possession not just by felons, illegal aliens, illegal drug users, and the like, but also by aliens who have been perfectly legally "admitted to the United States under a nonimmigrant visa."
[2.] "Possess[ing]" and "receiv[ing]" has been viewed as including temporary rental of a gun at a shooting range; indeed, that was one of the bases for prosecution in Rehaif. Rehaif was illegally present, but the statutory definition of possession and receipt would apply equally to all the categories of forbidden possessors and recipients, including people legally admitted under a nonimmigrant visa. Likewise, see U.S. v. Moussaoui (11th Cir. 2010), in which the defendant was indeed a legal visitor prosecuted for possession at a shooting range.

http://reason.com/volokh/2019/01/15/man ... -foreign-s

When I was a kid, we had exchange students stay with us on multiple occasions. Though I don't recall taking any of them to a shooting range, we could easily have done so.

[The Annoyed Man]

[1.] Federal law, 18 U.S.C. § 922(g), bans gun and ammunition possession not just by felons, illegal aliens, illegal drug users, and the like, but also by aliens who have been perfectly legally "admitted to the United States under a nonimmigrant visa."
[2.] "Possess[ing]" and "receiv[ing]" has been viewed as including temporary rental of a gun at a shooting range; indeed, that was one of the bases for prosecution in Rehaif. Rehaif was illegally present, but the statutory definition of possession and receipt would apply equally to all the categories of forbidden possessors and recipients, including people legally admitted under a nonimmigrant visa. Likewise, see U.S. v. Moussaoui (11th Cir. 2010), in which the defendant was indeed a legal visitor prosecuted for possession at a shooting range.

http://reason.com/volokh/2019/01/15/man ... -foreign-s

When I was a kid, we had exchange students stay with us on multiple occasions. Though I don't recall taking any of them to a shooting range, we could easily have done so.

I guess I’m an outlaw then. About 4-5 years ago, we hosted a couple of South Korean college students for a week or two who were interning at our church for a couple of months during summer. One was a young woman, and the other a young man....both in their early 20s. After finding out that the guy had already done his compulsory military service in the ROK Army, I took him too the local Bass Pro pistol range and we shot several different handguns together.

Should I turn myself in?

[crazy2medic]

I guess I’m an outlaw then. About 4-5 years ago, we hosted a couple of South Korean college students for a week or two who were interning at our church for a couple of months during summer. One was a young woman, and the other a young man....both in their early 20s. After finding out that the guy had already done his compulsory military service in the ROK Army, I took him too the local Bass Pro pistol range and we shot several different handguns together.

Should I turn myself in?

Don't ask, Don't tell!

[stroo]

I have repeatedly seen foreign visitors shooting at a couple of DFW ranges.

[stroo]

If you read further in the article, legality depends on the country and the type of visa they have. Very confusing.

[Killadocg23]

18 U.S.C. 922(y)(2)....

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

[The Annoyed Man]

18 U.S.C. 922(y)(2)....

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

Well, I’m not going peacefully, you hear me!!!

[strogg]

There's this indoor range I used to go to where seriously half of their clientele are clearly holding nonimmigrant visas. It was an odd place, but I genuinely commend them for spreading the positive aspects of our second amendment rights in a safe manner. The place would've had more foreigners shooting, but they hold a strict standard of safety. If the potential customer can't show the basic manual of arms for a handgun, they can't shoot.

[RPBrown]

Oh no!!! I am now a criminal. Earlier in the year, as you may recall, I took a couple to the range from New Jersey.

[crazy2medic]

Oh no!!! I am now a criminal. Earlier in the year, as you may recall, I took a couple to the range from New Jersey.

The horror! Are you gonna turn yourself in or lay low until the Statute of limitations runs out?

[ScottDLS]

18 U.S.C. 922(y)(2)....

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

I think you'll find the gray area falls in what is meant by "possessing". If a visitor uses a firearm at the range under the supervision of the range personnel and is not allowed to remove it from the area or "control" the firearm without the range personnel being present, I think you could make a strong argument that the alien did not "possess" the firearm for purposes of this law. It's quite common for foreign tourists to do supervised shooting at ranges, particularly in Las Vegas, and I doubt they make them all buy Nevada hunting licenses. Seems ATF would have dealt with this given the many ranges with FFL's.

[RoyGBiv]

Did we ever get a clear answer on this question?

I have a guest that will be visiting in a few weeks. He's a South African national in the US on a work visa.

[PriestTheRunner]

If you are range shooting for a "sporting purpose", then that seems to be a clearly defined exemption to the law.

Just my opinion.

[ScottDLS]

If you are range shooting for a "sporting purpose", then that seems to be a clearly defined exemption to the law.

Just my opinion.

I wonder if that requires that you have been specifically "admitted for sporting purposes". Perhaps the standard tourist and work visas can be considered admitted for such. It's extremely common for foreign tourists to shoot at ranges and many have offerings for this specific purposes. I'm sure the ATF is well aware of this and it seems like they would have taken action if they thought they could.

[RoyGBiv]

If you are range shooting for a "sporting purpose", then that seems to be a clearly defined exemption to the law.

Just my opinion.

I wonder if that requires that you have been specifically "admitted for sporting purposes". Perhaps the standard tourist and work visas can be considered admitted for such. It's extremely common for foreign tourists to shoot at ranges and many have offerings for this specific purposes. I'm sure the ATF is well aware of this and it seems like they would have taken action if they thought they could.

I'm laughing here because my friends visa is specifically for "Sports" work. He's a professional athlete..
I'll call the range tomorrow (from a payphone if I can find one ) and see what they say.