Can a non-citizen own a gun in Texas?
Contents
The Legal Framework
In Texas, the ownership and possession of firearms are regulated by state and federal laws. The Second Amendment to the United States Constitution protects the right to keep and bear arms, but it also has specific exceptions and limitations.
Federal Laws
18 U.S.C. § 922(g) and 924(a)
Under federal law, a non-citizen can own a gun in the United States, but with certain restrictions. Section 922(g) of the Gun Control Act (GCA) prohibits sale or delivery of firearms to individuals who are not legally permitted to own or possess them. This includes aliens who are illegal or deported from the United States, or those who are currently under indictment or have been convicted of certain crimes.
8 U.S.C. § 1327 and 1401(d)
The Immigration and Nationality Act (INA) prohibits non-citizens from owning or possessing firearms if they are illegally or unlawfully in the United States, or if they are inadmissible or deportable.
Texas State Law
Texas Penal Code, Title 4, Chapter 46
Under Texas law, the ownership and possession of firearms are generally permitted to law-abiding citizens and non-citizens. However, there are certain restrictions and prohibitions in place.
§46.04 – Unlawful Possession of Firearms
A non-citizen can own a gun in Texas if they are a lawfully admitted alien, meaning they have a valid visa, are currently admitted to the United States, and have not committed any crimes that would make them inadmissible or deportable. However, non-citizens with permanent resident status, refugee status, or asylee status may be prohibited from owning or possessing firearms if they have a felony conviction or a misdemeanor crime of domestic violence.
Texas License to Carry (LTC)
To lawfully carry a firearm in Texas, an individual must obtain a License to Carry (LTC) from the Texas Department of Public Safety (DPS). To be eligible for an LTC, a non-citizen must:
- Be a lawfully admitted alien
- Not be disqualified from possessing or carrying a firearm under state or federal law
- Not be subject to a restraining order or protective order that prevents them from possessing or carrying a firearm
Conclusion
In conclusion, the answer to the question "Can a non-citizen own a gun in Texas?" is that it depends on the non-citizen’s immigration status and criminal history. A lawfully admitted alien can own a gun in Texas, but those with a felony conviction or a misdemeanor crime of domestic violence, or those with a specific immigration status (such as permanent resident status, refugee status, or asylee status), may be prohibited from owning or possessing firearms.
Table: Non-Citizen Gun Ownership in Texas
| Eligibility | Requirements | |
|---|---|---|
| Lawfully Admitted Alien | Yes | Valid visa, no felony convictions, no domestic violence misdemeanors |
| Permanent Resident | May be prohibited | Felony conviction or misdemeanor crime of domestic violence |
| Refugee | May be prohibited | Felony conviction or misdemeanor crime of domestic violence |
| Asylee | May be prohibited | Felony conviction or misdemeanor crime of domestic violence |
Important Notes
- It is crucial to comply with federal and state gun laws. Non-citizens who are prohibited from owning or possessing firearms can face severe penalties, including criminal charges and immigration consequences.
- Prior to purchasing or owning a firearm, non-citizens should consult with a licensed firearms dealer and obtain the necessary permits and clearances.
- Failure to comply with gun laws can result in fines, imprisonment, and removal from the United States.
