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nognig
08-01-2004, 01:39 PM
I wanted to share some information I've gather on how a non-citizen (non-immigrant alien) can purchase a handgun in Michigan:

First off, this info deals with how non-immigrant aliens (NIAs) can buy a handgun. If you are a resident alien (hold a green card), this info doesn't apply to you. Green card holders will actually have a lot easier time buying a gun than an NIA. Also, this message deals only with handguns. NIAs have always been able to purchase long guns in Michigan, as long as they follow the laws.

NIAs are those aliens who don't have a green card. NIAs include those aliens here on work visa (TN, H1-B) and those going to school, etc.

The most important point is that non-immigrant aliens CAN purchase a handgun in Michigan. I got the run-around for months trying to determine if an NIA could buy a handgun. Gun stores told me NO, my local police didn't know. Finally I contacted a lawyer who had a contact in the Michigan State Police who confirmed that all aliens in Michigan legally can purchase a handgun (NIAs maybe able to get CCWs too, but that is still not clear). Previously only citizens could purchase handguns, but a court decision over turned that law (oh how I love this country! :D ). You can read about "Chan v. City of Troy" here:

Chan v. City of Troy (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mi&vol=/appeals/1996/12/final/181673&invol=1)

In addition to the laws that apply to citizens (be able to prove residency in Michigan, etc) there are a few federal laws that apply specifically to NIAs. Basically, NIAs are prohibited by Federal law from purchasing firearms. However, there are a few exceptions to that prohibition and the big one is a hunting license. As long as a NIA has a hunting license from ANY US state (doesn't have to be the one you live in) they are exempt from the Federal prohibition. This link at the ATF gives more info:

ATF Info for Non-Immigrant Aliens (http://www.atf.gov/pub/fire-explo_pub/p5300_18.htm)

Another big thing is that before an NIA can purchase a firearm they must have an "INS-issued alien number or admission number". For most people this can be found on your I-94 form. Mine is stapled into my passport and has the number on the upper left hand corner. The number usually takes the form of "123456789 12". Some countries have visa waivers with the US (Canada) and an NIA might not get an alien number. If not, the next time they enter the US they can request one.

OK, the NIA now has both a hunting license and an alien number. How do they go about getting a handgun in Michigan?

1. Go to you local police department and get a "Permit to Purchase a Pistol". In the small town I live in, it took all of 5 minutes. If you live in Detroit, I've heard it can take a lot longer. You have to take a "Firearm Safety" test which tests your common sense. You will be treated the same as a citizen at this point.

2. Go to the gun store, pick out your gun of choice and start filling out the paper work. It is at this point, as an NIA, you will need your hunting license, your document that has the alien number on it (passport is good) and your proof of residency (utility bills, mortgage/rental documents going back 90 day*). Take the documents with you, they will be photocopied.

*Note: If you have left the US for ANY period of time in the last 90 days, you will told you can't buy a firearm. Even if you have proof (lease, utility bills) when they do your background check, they will find out when you last entered the country. If that was less than 90 days ago, the FFL will be told to stop the transfer. This doesn't apply to citizens. For more info check out this link:

90 Day Rule (http://www.atf.gov/firearms/rules/2004-1.htm)

3. If all goes well, your NICS background check will be approved and you can take your gun home.

Note :All firearm purchases by NIAs must be sent through NICS, no exceptions.

IMPORTANT NOTE: If this will be your first purchase of a firearm in the US as a NIA, be prepared to have your NICS background check DENIED. Even if you provide all the required info, you will most likely be DENIED. I have no proof, but from talking to others, it appears that standard operating procedure for the FBI is to deny ALL first time NIA buyers. My best guess is that they want a closer look at these purchases and by denying the purchase they force you to appeal the denial which gives them a better look at you. If you are denied you will be give a NTN# which you can use to get the reason for your denial. You can then provide proof that the denial was in error. Apparently 27% of all NICS denials are overturned so whether you are a NIA or not, you stand a pretty good chance of overturning a denial (as long as you aren't a felon, etc).

Basically this is all the info I have come across on this matter. My personal opinion is that the only way Americans (which I hope to be one day) will be able to keep their Second Amendment Rights is if everyone who wants to exercise that right is given the chance to do so. So if you know any non-citizens who show interest in shooting sports or self-defense, let them know that they aren't excluded from doing so by their lack of citizenship (at least not in Michigan). Encourage them and maybe one day they'll be the ones who make a difference and ensure the 2nd Amendment remains a god-given right, respected by the government.

Mark

For an updated version of this document: http://webpages.charter.net/hamiltonmd/NIA_Info.htm