Non Immigrant Visa CHL

CHL discussions that do not fit into more specific topics

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Beiruty
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Re: Non Immigrant Visa CHL

#16

Post by Beiruty »

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;
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member

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dumbell2
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Re: Non Immigrant Visa CHL

#17

Post by dumbell2 »

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.
10-02-10--CHL class
10-04-10--Application mailed to DPS
10-21-10--Information available Processing app
10-26-10--Fingerprints complete
10-29-10--Resent Photos
11-10-10--Photos Green
not updated--Background complete
not updated--Manufacturing Pending
not updated--Mailed
11-22-10-- Plastic in hand
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Beiruty
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Location: Allen, Texas

Re: Non Immigrant Visa CHL

#18

Post by Beiruty »

Since you have already applied. Please let us know the outcome of your application.
Thank you!
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member

Droshi
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Re: Non Immigrant Visa CHL

#19

Post by Droshi »

I have heard that they will issue the CHL. But I don't really know for sure.

My fiancee will be immigrating to the US, so I'm interested to know when is the soonest she can get her CHL. For us the green card stage is probably most simple.

Topic author
dumbell2
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Re: Non Immigrant Visa CHL

#20

Post by dumbell2 »

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;
10-02-10--CHL class
10-04-10--Application mailed to DPS
10-21-10--Information available Processing app
10-26-10--Fingerprints complete
10-29-10--Resent Photos
11-10-10--Photos Green
not updated--Background complete
not updated--Manufacturing Pending
not updated--Mailed
11-22-10-- Plastic in hand
User avatar

Beiruty
Senior Member
Posts in topic: 5
Posts: 9655
Joined: Tue Aug 12, 2008 9:22 pm
Location: Allen, Texas

Re: Non Immigrant Visa CHL

#21

Post by Beiruty »

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.
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member

Topic author
dumbell2
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Posts in topic: 12
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Joined: Tue Nov 24, 2009 8:57 pm

Re: Non Immigrant Visa CHL

#22

Post by dumbell2 »

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.
10-02-10--CHL class
10-04-10--Application mailed to DPS
10-21-10--Information available Processing app
10-26-10--Fingerprints complete
10-29-10--Resent Photos
11-10-10--Photos Green
not updated--Background complete
not updated--Manufacturing Pending
not updated--Mailed
11-22-10-- Plastic in hand

MeMelYup
Senior Member
Posts in topic: 1
Posts: 1874
Joined: Mon Nov 15, 2010 3:21 pm

Re: Non Immigrant Visa CHL

#23

Post by MeMelYup »

Wish you and your fiancee the best of luck.
Now this is off subject and for the inquiring minds. Would you tell us what country you are from, what the long gun, handgun, and concealed carry laws are there?
I was in a lot of countries while in the military and some are paranoid about any kind of weapons.
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