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International visitors any legal issues?
#1
My wife's parents may be visiting our home later this year, they are not American citizens, and don't have green cards, but they do have temporary travel visa's (they return after 2 weeks). They are from a country where guns are banned entirely. Last year when I visited my wife's father's home he had expressed interest in learning to shoot when he learned my stance on guns (he has never even shot anything beyond a water pistol). I told him, perhaps stupidly, without thinking that I would take him to the range if they ever visited us in the US (too used to saying this to people in general who haven't shot, but have opinions on guns). I didn't think beforehand, and I didn't consider this eventuality after the fact, but could there be any legal concerns with doing this beforehand since he can't technically possess a weapon not being a citizen? If we did this, in my mind the weapons wouldn't really be accessible to him in our home and I would be with the weapons supervising him at all times, and I obviously would be doing the transferring of the weapon itself physically between my property and the range.

Is this too risky? Do I need to back out of my offer =/? Thanks!
The forum poster formerly known as Emoticon...
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#2
Yeah... I didn't hear you ask those questions. Angel
"As I lay rubber down the street I pray for traction I can keep, but if I spin and begin to slide, please dear God, protect my sweet ride."
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#3
I remember one case in the news within the past couple of years in regards to something like this. Unfortunately, I cannot recall all the details, but what I do remember is that it wasn't a legal issue, but possibly a person was photographed shooting while they were in the US and I think they lost their job because of it.

I would say go for it, but leave the cameras at home.
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#4
Also, don't post about it on Facebook. Tongue
"As I lay rubber down the street I pray for traction I can keep, but if I spin and begin to slide, please dear God, protect my sweet ride."
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#5
ByblosHex;85034 Wrote:Yeah... I didn't hear you ask those questions. Angel

That's why I'm asking before, a long ways out, and not after so if it's not okay I can make the appropriate arrangements ahead of time before it becomes an issue as to not have it be a problem.
The forum poster formerly known as Emoticon...
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#6
I re-read all the rules at my local ranges in my area and see nothing mentioned about citizenship mentioned in any of their rules. I should also mention he has no criminal record here or in his home country. He also owns his own business so that *should* not be a problem. How does this work with people who own guns and run bed and breakfast type places and family hotel businesses who have lots of visitors, who could be from other countries?
The forum poster formerly known as Emoticon...
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#7
From what little I can find on the subject so far it seems that there is an exception in the rules made for certain visas if the non-citizen isn't a felon, mentally defective, etc...and has a valid hunting permit in the correct state. Does anyone know what are the rules regarding non-citizens hunting here in the US? I'm not going to take any of this as law though until I see some federal statutes...
The forum poster formerly known as Emoticon...
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#8
They won't be able to purchase, but they can go shooting with you.

In my reading I have never come across any information that would prohibit a non citizen from shooting.

Where are they from?
This will be the best security for maintaining our liberties. A nation of well-informed men who have been taught to know and prize the rights which God has given them cannot be enslaved. It is in the religion of ignorance that tyranny begins. -Ben Franklin
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#9
Connal;85049 Wrote:They won't be able to purchase, but they can go shooting with you.

In my reading I have never come across any information that would prohibit a non citizen from shooting.

Where are they from?

They are from Vietnam.

I think I found the statute that covers this if anyone else is ever interested:

Title 18, USC Chapter 44, Section 922

http://codes.lp.findlaw.com/uscode/18/I/44/922

Quote:Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (1) Definitions. - In this subsection - (A) the term "alien" has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and (B) the term "nonimmigrant visa" has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)). (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is - (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States; (B) an official representative of a foreign government who is - (i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or (ii) en route to or from another country to which that alien is accredited; © an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. (3) Waiver. - (A) Conditions for waiver. - Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if - (i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph ©; and (ii) the Attorney General approves the petition. (B) Petition. - Each petition under subparagraph (B) shall - (i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and (ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g). © Approval of petition. - The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner - (i) would be in the interests of justice; and (ii) would not jeopardize the public safety.

Now to find out if DE issues hunting permits to non-citizens...It always amazes me they think criminals will go through all this trouble to look all this shit up. This may require some phone calls on Monday... =/

[EDIT] According to this ATF regulation book it appears that the hunting license can be valid from ANY state, to invoke this exception. See (R33) lower left on page 201.

http://books.google.com/books?id=9encMNU...22&f=false

I'd still like to find Streaker's news article though...
The forum poster formerly known as Emoticon...
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#10
streaker69;85035 Wrote:I remember one case in the news within the past couple of years in regards to something like this. Unfortunately, I cannot recall all the details, but what I do remember is that it wasn't a legal issue, but possibly a person was photographed shooting while they were in the US and I think they lost their job because of it.

I would say go for it, but leave the cameras at home.

I remember reading this too, but I can't seem to find the article. IIRC, a foreign national from a not-so-gun-friendly country came to America and went to the range. Someone took some pictures of the range day that made it back to his home country and he - I believe - ended up getting fired over shooting in the US.

As I recall, there wasn't any fallout to the American who took him shooting. It wasn't a US legal issue, but it was a foreign preference issue.
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