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Thread: Antique guns & nonimmigrant aliens...

  1. #1
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    Antique guns & nonimmigrant aliens...

    Since I'm currently a nonimmigrant alien (~ a tourist) in the US, and I want to see some rather unsavoury places (Detroit comes to mind) and I can't afford a bodyguard, I've been looking.

    Looks like ATF doesn't consider antique guns and their replicas 'firearms'. Specifically, blackpoweder revolvers based on old designs are not 'firearms', nor do they require much paperwork.

    So far, it seems that in some places they are the only useful weapon a tourist may possess and carry and it'd be legal.

    Some states regulate BP guns and their carry, but some do not.

    ___________________________

    Question: am I right on ATF not considering antique guns 'firearms' and on them being legal to be purchased and used by tourists?

    NH ATF doesn't have a mail address, and I don't like calling by phone, makes me feel guilty for bothering them.

    (though I imagine being caught CCW'in a loaded .44 cap & ball revolver by some badly-informed LEO could be ..interesting. I think one should carry an excerpt from the ATF regs on those guns with it, and maybe state legislation leaflet too)

    I'm slightly nuts, but not as nuts to go shoot pictures in Detroit with $1500 worth of camera gear and no gun. Michigan specifically extempts BP guns from CCW regs and s on. (true? any MI people here)

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    The BATFE is a non issue here, as you say BUT;
    Generally you should assume that the carrying of an antique gun or replica is going to be treated the same as a modern gun, legally speaking. So no-- your general assumption would not apply. You would need to look at the laws in the specific cities and states of interest. ("Land of the Free" sort of loses its ring sometimes, doesn't it?)

    Anyone from Detroit want to chime in with some citations?

    Since I don't know exactly where to look, the first place I'd check would be the NRA's web site. They have state-by-state lists of a lot of the gun laws. I just don't know if they get into the antique gun issues.

    I'd then google "michigan detroit gun laws persussion pistol" or something similar, and look for the state's (and city's) actual laws.

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    I don't think it would be legal in Michigan, though I don't have any specifics on that.

    Why would you want to go there anyway? The northern half of the state is very nice, but Detroit... not so much.

    You ought to scoot down to NM, AZ, NV, etc, instead of wasting time in the east. The west is far more scenic and generally far more gun friendly than the east. And there's more "unsavory" than you can handle in certain places along the border.

  4. #4
    A cap and ball gun is exempt from MI's handgun registration law. It is not exempt from their concealed weapons laws. You can open carry it without a permit in MI, but there's no way you'll avoid lots of trouble in Detroit doing so.

    Very few states extend the exemption for antiques to concealed carry. If I'm not mistaken, NH is one of them, but verify that yourself, I'm not a lawyer.
    Sic semper tyrannis

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    I'm irresistibly drawn to urban decay, and there is no finer example than Detroit.

    Perhaps except Pripyat and the rest of the exclusion zone, but I don't speak Russian. One day, one day.. I'll go camping there, but not this year. Nor the next one.

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    Smile

    Hello,

    Michigan has different handgun aka pistol laws than what they have for rifles and shotguns. I know that for residents, the state still does or 'used' to make you register ALL HANDGUNS with the county sheriff's department even if you are a U.S. citizen and resident of that MI county.

    Detroit is different than some other parts of the state but I do know that they treat pistols differently but I can't quote the law verbatim on what it USED to be - no clue what it is now.

    Go to the NRA and Open Carry website.

    http://www.opencarry.org/

    http://forum.opencarry.org/forums/forum.php

    Some small towns and CITIES treat 'open carry gun folks' not too well. Just beware of that fact and it has even happened in Wyoming of all places, NO kidding. I wrote stories about it with NEWS LINKS on some small and larger WY towns that had issues with OC folks in the past. WY for crying out loud!

    So in MY not so humble opinion, it does not matter what state you are in - check the gun laws first. Even though you are only a 'tourist' to them... you have to obey the laws of the land even if they STINK when it comes to self defense, liberty and our Second Amendment!

    Remember that some states do NOT allow OPEN CARRY too!

    FL and TX are two states out of a few that do NOT allow open carry of handguns aka pistols.

    Personally, if I were you... I would not bother with a black powder or antique gun... I would get a KNIFE that is 'legal on the length and style' and keep that on me and/or perhaps a walking stick or cane while you tour this country as a 'tourist'.

    I would google the MI state gun/knife laws and the Detroit, MI ones too. IF you are in doubt, call them up and ask them was is 'legal' but get it in writing too.

    If your friend or friends travel with you... let them carry their own self defense tools. If push comes to shove, there are other tools out there that can be LEGAL in anti freedom counties/states/countries and used in a pinch for self defense.

    Thou shall protect thy own butt.

    Stay safe and have fun,

    Cate
    An open carry advocate and open carry lady.
    Western Montana

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    Smile

    PS:

    I would check on self defense spray too. I don't know what is considered legal in other states but you can look it up.

    I checked on Bear Spray for a lady once traveling from Alaska through Canada to the Midwest. It was easy to check out Canada so it should be easy to check out MI and other places too.

    They have different kinds of spray too. Not all of it is a heavy duty bear spray from what I remember.

    Cate

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    Urban decay -- Chicago, the near east side of Cleveland, lots of Philadelphia, lots of Washington DC, lots of New Orleans all come to mind as equals of Detroit for urban decay.

    And that's only the places I've been.

    Just potential travel advice.

    IANAL and you shouldn't take my advice at face value without evaluating it.... I've been all those places without a gun, just carrying a well sharpened pocket knife of sufficient size for self-defense if required. Never felt unprepared, even if I was a little hyper-aware a couple times.
    Paul
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  9. #9
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    Lanius...

    I was born and raised in the geographical center of Chicago. Definitely not the burbs. Do a quick search on Englewood, Chicago--one of the several named neighborhoods--and read up on it. It's where I grew up.

    Thus, my advice is based on real-world, personal--and sometimes painful--experience.

    You said that you are drawn to urban decay. You said you want to visit.

    Don't.

    The risks are far too great to your safety. if you are caught by Chicago Police carrying ANY type of weapon, you're in for some rough road. If it is a firearm of ANY type, expect to go to jail.

    If, on the other hand, you are caught in one of the neighborhoods--Englewood, Jackson Park, Woodlawn, just to name a few--by some of the more asocial types, you will likely be found in a gutter somewhere. And please, do not say that you can handle yourself. You can't.

    I cast absolutely no aspersions on your character with that statement--it is simply fact.

    My cousin--a former Special Forces soldier and Vietnam Veteran--was surrounded by a gang of KIDS--ages 12 to 16--and stabbed to death. He did not go easily, but he lost his life.

    Stay away from the inner cities. Please.
    Hiding in plain sight....

  10. #10
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    I hadn't really wanted to go to any bad parts of Chicago, I know it's a weird place and no guns are allowed. Yet.

    But some other places...

    If I went as a part of a group? Say,I found out several young people, some of them who could go legally armed?

    How about going there when the inner city denizens are asleep? When is that, 4 am? I'm already fond of taking pictures of touristy-places during early morning, when all tourists are in bed and thus not obscuring the scenery.
    Last edited by Lanius; March 29th, 2012 at 10:00 AM.

  11. #11
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    In Tennessee, carrying anything in public (outside the home or place of business) as a weapon of offense or defense is the crime of "going armed" with exception for a handgun for defense with a permit.

    Carrying an "antique" pistol as a weapon would still be going armed and would require a permit to carry.

    Status of antique as a firearm under federal firearms law, and status as a weapon under state law on going armed are different issues.

    This keeps coming up.
    Cogito me cogitare; ergo, cogito me esse.

  12. #12
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    Lanius: As you're probably beginning to see from others responses, there are probably very few places in the USA where a "antique firearms" is not considered a prohibited weapon (without a permit) to CARRY, as oppose to own.

    Personally, if I didn't have a legal permit for the state I was in, I would only carry anything that goes bang and fires a bullet if I had absolutely reliable information that it was legal. And by absolutely, I mean from a website belonging to the State government, that you are absolutely certain is up to date for the time you will be there, absolutely certain applies to you as a non-immigrant alien, and absolutely certain can't be pre-empted by local (city, county) ordinances.

    In other words, in practical terms, its a bad idea.

    Personally, I'd go with pepper spray, a knife, and possibly some kind of impact weapon. A walking stick or hiking staff would be great if you're comfortable with it and think you can carry it off without looking out of place.

    As far as I know, only 1 state in the USA requires you to have a permit to carry pepper spray (Massachusetts). Some others regulate maximum sizes or strengths. States also have different knife regulations (my 4 1/2 in CRKT M16 is illegal if I visit relatives in Missouri...). www.handgunlaw.us has links to each states offensive weapons laws online. I would guess if you carried a small size pepper spray and 3 inch folder knife you'd be legal just about everywhere in the US.

    Or you could buy the largest can of double-action (CS and OC) defense spray I could find and carry any knife I'm comfortable with that wasn't too obviously aggressive looking (so NOT a full size Kabar or similar), and rely on the "I'm sorry officer I'm a foreigner here" defense.

    Please note I take NO responsibility for results of that course, your decision is your own, there are a few mean-spirited cops out there, and while you probably won't be locked up for years, you may have serious trouble ever visiting the US again if you get charged with any offense.

    The 1oz pepper spray and the 3 inch knife are the legally play-it-very-safe route.
    Last edited by BritishHistorian; April 1st, 2012 at 12:40 AM. Reason: *
    I'm a skinny, rather geeky, over-educated Englishman living in the small-town MidWest who believes in the 2nd Amendment and the RKBA... my existence messes with people's stereotypes :-)

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    Lanius, there are NO good parts to Chicago anymore.

    When I got out of the service, my family had to stay with my sister for a while until I got a place where I worked, in Wisconsin.

    On their first night there, while looking out of a window, my wife and two children saw a man getting shot to death.

    If you must go to Chicago, go in the daytime, and visit the downtown and near North side. It's still kind of OK there.

    But don't go on the South Side...AT ALL.

    For your own safety...don't.
    Hiding in plain sight....

  14. #14
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    Got me thinking about my last trips to the South Side.

    Most recent was 1993. It was a less than hospitable place then.
    Paul
    People have some respect for the complexity of technology. But almost every ignorant fool thinks he understands money and economics.

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    I think you have a misunderstanding, partner.

    Looks like ATF doesn't consider antique guns and their replicas 'firearms'.
    Oh, yes it does.


    The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon.
    Yes, any gun including an antique that uses any type of gunpowder to shoot a projectile is indeed a firearm. Different kinds firearms are treated differently under the thousands of different regulations we have, but that doesn't make antique "not a firearm". Yes, it certainly is.

    Maybe you were thinking about air guns. Those are not regulated the same way firearms are regulated at the Federal level. But air guns are still considered firearms by many (and probably nearly all) local municipalities. You'll get your butt busted just the same.


    By the way, your question was specific about the ATF. The ATF is just one regulatory agency in the United States. Don't make the mistake of believing that what ATF says is the only gospel. That would be very unfortunate.

    If you are visiting on a tourist visa, you may possess a firearm as long as you follow all other state and local laws. You are not disallowed unless you fit into one of the other categories: Felon, insane, wife beater, illegal alien, etc etc. Nonimmigrant aliens come to America to hunt, compete in competitions, shoot a machine gun in Vegas, and shoot at tin cans in the desert just like resident Americans. But just like a resident American you cannot carry concealed anywhere it is disallowed by any federal, state or local law.

  16. #16
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    Why the hell are there multiple agencies to regulate the same thing?

    Does that not lead to bureaucratic turf wars and interagency strife?

    In Czech Republic, the rule is simple. Guns are a police matter, and in anything gun-related, you should refer to your local PD's guns & explosives department.

    You can appeal to ministry of interior, if the local PD is being obstructive and not following the law.

    But just like a resident American you cannot carry concealed anywhere it is disallowed by any federal, state or local law.
    I knew that. Still, there is a lot of states where I could walk around wearing dark glasses, a hat against the sun and a 1890's vintage .44 revolver and not raise too many eyebrows nor cause too many double-takes... (not sure there, with a hat and boots, I would probably measure around 6'8")

    Deserts of the US Southwest perhaps, or Alaska, or maybe some of the Rocky mountain states..and like hell I doubt I'll be bothered by ATF or FBI or any feds if I'm deep in a forest, walking off tourist paths and so on.

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    ..and like hell I doubt I'll be bothered by ATF or FBI or any feds if I'm deep in a forest, walking off tourist paths and so on.
    Please make sure of the State's regulations before you carry any firearm, period.

    Some States don't allow National Park or State Park carry. You won't have to worry about the the above named agencies there, but Forest Rangers in those states might not take to kindly to you carrying there.
    There is law enforcement everywhere, often not when you need it but they're usually there when you least expect it. If you would like to visit again, don't get caught breaking any laws.

    As a non-immigrant Alien, if you want to experience carrying a gun, do so on private property (with permission) or go to a gun range with your friends. Unfortunately, some gun ranges won't allow you to open carry a gun either.

  18. #18
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    Quote Originally Posted by Lanius
    I hadn't really wanted to go to any bad parts of Chicago, I know it's a weird place and no guns are allowed. Yet.

    But some other places...

    If I went as a part of a group? Say,I found out several young people, some of them who could go legally armed?

    How about going there when the inner city denizens are asleep? When is that, 4 am? I'm already fond of taking pictures of touristy-places during early morning, when all tourists are in bed and thus not obscuring the scenery.
    The problem with this is that in Illinois, there are no "legally armed" citizens. Only the police can carry handguns. Everyone else must carry them locked away and unloaded until they get to the range or wherever they're going to use them.

    . . and some of us are only posting parts of the law that help us make our point . .

    Quote Originally Posted by ants
    Looks like ATF doesn't consider antique guns and their replicas 'firearms'.
    Oh, yes it does.


    The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon.
    Yes, any gun including an antique that uses any type of gunpowder to shoot a projectile is indeed a firearm. Different kinds firearms are treated differently under the thousands of different regulations we have, but that doesn't make antique "not a firearm". Yes, it certainly is.

    Maybe you were thinking about air guns. Those are not regulated the same way firearms are regulated at the Federal level. But air guns are still considered firearms by many (and probably nearly all) local municipalities. You'll get your butt busted just the same.


    By the way, your question was specific about the ATF. The ATF is just one regulatory agency in the United States. Don't make the mistake of believing that what ATF says is the only gospel. That would be very unfortunate.

    Federal law does exempt antique firearms and their copies from being "legal" firearms:
    Quote Originally Posted by 18 USC § 921 (a)
    (3) The term “firearm” means
    (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
    (B) the frame or receiver of any such weapon;
    (C) any firearm muffler or firearm silencer; or
    (D) any destructive device. Such term does not include an antique firearm.
    Providing only the parts of the law which agree with your point is kinda shady, if you ask me. But let me continue with "What is an 'antique firearm'"?
    Quote Originally Posted by 18 USC § 921 (a)
    (16) The term “antique firearm” means—
    (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
    (B) any replica of any firearm described in subparagraph (A) if such replica—
    (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
    (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
    (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
    That is the law from the federales. Knowledge is power.

    As far as carriage of antique firearms or their copies, well, once you put powder and ball to them, to the individual states, they become "firearms".

    So "yes", they're not "legally" firearms for the purposes of sale or possession, but the states consider them "firearms" if they're loaded.
    "Tactical" is a mindset, not an equipment list.

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    My head is starting to hurt.

    Wishing for SHTF, where no one would be bored enough to check for this kind of stuff.

    Let me get this clear:
    1) I can only buy what Feds don't consider firearms: Right?
    2) I can only carry where state laws allows open carry or concealed carry without any permits?

    Or is OC regulated so in states that only residents may OC?

    ________________________________________

    BTW, I heard it from a guy here, not sure from whom, that Park Rangers and the like actually have more leeway when dealing with people they don't like than regular police?
    That it's easier for them to detain people and the like.. gotta be myth?

  20. #20
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    Or is OC regulated so in states that only residents may OC?
    No, you don't have to be a resident in most states.Some you do need a permit to OC. Of course in Alaska,Arizona and Vermont no one needs a permit for anything. In Wyoming,residents of the state don't need a permit to CC. All 4 states have Constitutional Carry,WY, only for WY residents as stated.

    Go to this site for OC info and by state forums:

    www.opencarry.com

    Go to these sites for all gun law info. USA Carry also has a GRM type forum:

    www.handgunlaw.us
    www.usacarry.com

    Try not to be ironic or sarcastic while carrying.

    Good luck and stay safe on your travels.

    JD
    "A man's got to know his limitations."

    'Harry Callahan' Magnum Force 1973

  21. #21
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    Quote Originally Posted by Johnny Dollar
    In Wyoming,residents of the state don't need a permit to CC. All 4 states have Constitutional Carry,WY, only for WY residents as stated.
    Wyoming does not have "Constitutional carry", and won't until they do away with the resident-only CC limitation.

    It's only "Constitutional carry" if you can OC and CC without a permit, no matter where you're from (providing you're not a felon, or otherwise not restricted from such activities)
    "Tactical" is a mindset, not an equipment list.

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    Lanius -

    The federal prohibitions are a primary consideration, particularly because of the jurisdiction/authority exercised specifically over all aliens, whether non-immigrant visitors, non-immigrant temporary workers, non-immigrant students, or immigrant of various classification, or lawful permanent residents, while they are present within (and even some of them, sometimes, outside of) the boundaries of the United States. Lawful permanent residents may exercise some of the rights reserved to American citizens who 'reside' in a particular State. This is dependent upon federal law, in the first instance, and thereafter upon State law.

    It would be irresponsible, however, to suggest, without reference to proper lawful authority, that a non-immigrant visitor could claim 'residence' of any particular State during his temporary stay in the United States, for the purposes of qualifying for any of those same 'considerations' (with respect to 18 USC 922) given to a resident of a State (who also is an American citizen) to allow purchase, possession, or carry of firearms.

    You should be able to handle/shoot firearms for temporary rental or loan, e.g., under supervision, at a gunshop/shooting range, club, or on private property while being otherwise lawful. (See 18 USC 922(a)(5)(B), 'temporary use for lawful sporting purposes', excerpted below.)

    Beyond that specific circumstance, I would be wary of giving you any advice regarding purchase, longer-term possession, or carry, under supervision of an American citizen who is a resident of a particular State, whether on private land or on public federal or State land, or pursuant to a State-issued hunting license (which would require reference to specific State law and be subject to all of the limitations, therefor, both in issuance and in exercise of the license), or pursuant to some other exception that may or may not apply for your benefit, as a non-immigrant alien.

    I suggest you consult with an attorney specializing in firearms law. I have posted some excerpts from 18 USC 922, to demonstrate the difficulty inherent to, and the navigation required for, your 'proposed course of action'. You may also want to consult with an immigration attorney, to give some perspective on the consequences of you not heeding this advice.

    I have some reasoned concern that you've already set yourself upon a course, seeking confimation-after-deciding, rather than advice-prior-to-deciding .... as if there's some burden upon the members to convince you to 'not do' what you already had decided to do. There is no such burden, and given the magnitude of the potential pitfalls, both for you and for the unwary, perhaps you should shift your decision-making threshold a bit.

    "Because the kind folks at the gunforum didn't tell me clearly enough not to .... " .... are famous last words.

    For my part, I hope your 'single-mindedness' does not bring equal misfortune to some impressionable American host whose generous spirit exceeds his or her understanding of Federal and State firearms restrictions. That would make me very angry.

    Any member is welcome to pm me, with contrary 'advice on authority', or to start a new thread with same. Please take as much note as possible of federal law and exceptions and any applicable State provisions or exceptions.

    This thread is closed.

    I'd hope you take seriously some of the member's suggestions regarding any non-firearm tools which you may possess for general use, and, incidentally, for purposes of self-defense, while traveling here. I encourage you to start a new thread regarding that subject, in GGD or NFW.

    (I also would encourage any member to start a thread in S and T, or in GGD, with information that could help Lanius get the most out of his stay here, under the circumstances.)

    I hope your visit is enjoyable, and safe.

    A few excerpted provisions under 18 USC 922:

    18 USC 922(a)(5)(B):

    922(a)(5)
    It shall be unlawful -

    ....

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    18 USC 922(a)(9):

    It shall be unlawful -

    ....

    (9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.
    18 USC 922(b):

    922(b)

    ....

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

    (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

    (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

    (4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and

    (5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.

    Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Attorney General.
    18 USC 922(d):

    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

    (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    (2) is a fugitive from justice;
    (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
    (4) has been adjudicated as a mental defective or has been committed to any mental institution;
    (5) who, being an alien—
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
    (6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
    (7) who, having been a citizen of the United States, has renounced his citizenship;
    (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
    (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
    (B)
    (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
    (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
    (9) has been convicted in any court of a misdemeanor crime of domestic violence.
    This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) ofsection 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) ofsection 925 of this chapter.
    18 USC 922(g)(5)(B):

    It shall be unlawful for any person –

    ....

    (5) who, being an alien—
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant 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 ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    18 USC 922(y):

    (y) Provisions Relating To Aliens Admitted Under Non-Immigrant 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;
    (C) 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 (C); 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).
    (C) 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.

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