New Firearms Restrictions Implemented for Nonimmigrants
Posted Mar 02, 2002

The U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (ATF) announced temporary regulations, effective as of February 19, 2002, prohibiting possession of firearms and ammunition by foreign nationals present in the U.S. on nonimmigrant (temporary) status. There are limited exceptions to this prohibition.

The authority for these regulations arises from a law passed in 1998. Due to the inability to devise regulations for implementing the law, it was not enforced. One reason for this difficulty in enforcement was that the language in the new law did not correspond to existing immigration law terminology. Since September 11, 2001 the need to enforce the general prohibition of firearm possession by nonimmigrants is viewed as essential to national security. For this reason, temporary regulations are now in place and will be followed by final regulations.

Under the Gun Control Act, it is unlawful for persons who are illegally present in the U.S. to possess, ship, transport or receive firearms or ammunition. These prohibitions are now extended to all nonimmigrant foreign nationals. Nonimmigrant categories include students, visitors, various temporary workers, etc. The prohibition does not extend to permanent residents, even if they were in a temporary status prior to obtaining permanent residency.

For individuals who do not fit within the specific exceptions allowed under the law, the Attorney General is provided the necessary authority to waive the prohibitions. Final regulations on this matter will be issued by the U.S. Department of Justice at a later date.

Violations of firearms restrictions can have serious immigration consequences. Any MurthyBulletin or MurthyDotCom reader who may wish to have a gun for sport or protection or who is involved with firearms in any manner, should make sure that s/he is in compliance with all registration and licensing provisions and that s/he is not in violation of the Gun Control Act or any other federal or state law regarding firearms. States have their own laws as to which types of weapons require registration, whether it is legal to carry a concealed weapon, etc. Note that violation of any law pertaining to firearms can be a ground for removal (deportation).