Friend from Scotland wants a pistol...

[TheYoungGuy]

My pal is from Glasgow, Scotland and now lives here in the United States. He and his family moved here in 2001 (The Woodlands) and he now lives in Austin while attending UT. I took him shooting for the very first time and have slowly chipped away at his fear of guns, and now he wants to get a pistol for himself. What are the processes he will have to go through to get a handgun?

Just to clarify, he wants to get a handgun, not a CHL, so I'm just looking for info on helping him make a purchase.

[apowell]

It depends on how he is here.

Basically if he is here on a work or student visa, he can only buy something he could hunt with and must have a valid, current appropriate hunting license at the time of purchase, as well as meet the 90 day requirements. Green Card holders buy just like a citizen.

Also, some FFLs decline to sell to non-citizens to avoid the additional verification required. FFLs are not required to transfer firearms to anyone. They can decline for any non-discriminatory reason. (I got a bad feeling for the individual, I'm not willing to do the extra paperwork, My gut told me it was a straw purchase... you get the idea.)

Here is the official wording from the ATF.GOV website.

http://www.atf.gov/pub/fire-explo_pub/2 ... _and_a.pdf
R. NONIMMIGRANT ALIENS
(R1) May nonimmigrant aliens legally
in the United States purchase
or possess firearms and ammunition
while in the United States?
Nonimmigrant aliens generally are
prohibited from possessing or receiving
(purchasing) firearms and ammunition
in the United States.
There are exceptions to this general
prohibition. The exceptions are
as follows:
1. nonimmigrant aliens who possess
a valid (unexpired) hunting license
or permit lawfully issued by a
State in the United States;
2. nonimmigrant aliens entering
the United States to participate in a
competitive target shooting event or
to display firearms at a sports or
hunting trade show sponsored by a
national, State, or local firearms
trade organization devoted to the
collection, competitive use or other
sporting use of firearms;
3. certain diplomats, if the firearms
are for official duties;
4. officials of foreign governments,
if the firearms are for official
duties, or distinguished foreign visitors
so designated by the U.S.
State Department;
5. foreign law enforcement officers
of friendly foreign governments
entering the United States
on official law enforcement business;
and
6. persons who have received a
waiver from the prohibition from the
U.S. Attorney General.
Significantly, even if a nonimmigrant
alien falls within one of these
exceptions, the nonimmigrant alien
CANNOT purchase a firearm from a
Federal firearms licensee (FFL)
unless he or she (1) has an alien
number or admission number from
the Department of Homeland Security
(formerly the Immigration and Naturalization
Service) AND (2) can provide
the FFL with documentation
showing that he or she has resided in
a State within the United States for 90
consecutive days immediately prior to
the firearms transaction.
[18 U.S.C. 922(g)(5)(b) and 922(y), 27
CFR 478.124, ATF Rul. 2004-1]
(R2) Typically, who are "nonimmigrant
aliens?"
In large part, nonimmigrant aliens
198
are persons traveling temporarily in
the United States for business or
pleasure, persons studying in the
United States who maintain a foreign
residence abroad, and certain foreign
workers. Permanent resident aliens
are NOT nonimmigrant aliens. Permanent
resident aliens often are referred
to as people with "green
cards."

[TheYoungGuy]

It depends on how he is here.

Basically if he is here on a work or student visa, he can only buy something he could hunt with and must have a valid, current appropriate hunting license at the time of purchase, as well as meet the 90 day requirements. Green Card holders buy just like a citizen.

I guess that answers my question then... His Green Card is in Houston, so other than a little road trip to pick it up, it sounds like he's in business. Thanks apowell.