Can I buy a gun with a green card?

Can I Buy a Gun with a Green Card?

A green card, also known as a Permanent Resident Card, is a document issued by the United States Citizenship and Immigration Services (USCIS) to legal permanent residents of the country. It grants the bearer the right to live and work in the United States permanently, but it’s not the same as a U.S. citizenship.

When it comes to the question of whether a person with a green card can buy a gun, the answer is NO. At least, not directly. In the United States, the sale, transfer, and possession of firearms are heavily regulated, and green card holders do not have the same firearms rights as U.S. citizens.

Federal Regulations

The main federal statute governing firearms is the Gun Control Act of 1968, which established the Federal Firearms License (FFL) program, requiring licensed dealers to perform background checks on prospective gun buyers. The act also prohibited the sale of handguns to non-residents.

In 1993, the Brady Handgun Violence Prevention Act went into effect, requiring that all federal firearms licensees (FFLs) conduct background checks on prospective buyers before selling a firearm.

Background Checks

A green card holder who wishes to buy a gun will need to undergo a National Instant Criminal Background Check System (NICS) check. This means that the seller will check the prospective buyer’s records with the FBI to determine if they have any legal restrictions that would prevent them from owning a firearm, such as a felony conviction, domestic violence conviction, or a restraining order.

In most cases, a green card holder will not qualify for a NICS background check, as they do not have the necessary permissions to own a firearm in the United States. In fact, the Internal Revenue Service (IRS) Form 4473 requires the buyer to identify themselves as a U.S. citizen or a "lawful permanent resident of the United States" with a valid Alien Registration Card (green card).

State Regulations

While federal laws provide the framework for regulating firearms, individual states often have their own laws and regulations governing gun ownership and possession. Some states have more lenient laws regarding gun ownership, while others have stricter regulations.

Green card holders may need to check with the specific state they are living in to determine if they are permitted to own a firearm and, if so, whether there are any specific regulations or restrictions they must adhere to.

Exceptions and Special Cases

There are some exceptions and special cases where a green card holder may be able to purchase a gun:

• Active Duty Military: Legal permanent residents who are active duty military personnel may be eligible to purchase firearms. However, they must also meet the requirements for purchase and ownership as set by the state they are serving in.
• Contractors and Employees: Foreign nationals who are employed as contractors or employees of a U.S. government agency or department may be allowed to purchase firearms for use in their official capacity, but only with the prior approval of their employer or the agency they are employed by.
• Some State-specific Laws: Certain states, such as Arizona and Utah, have laws that allow non-residents, including green card holders, to purchase firearms from a licensed dealer. However, these laws are subject to change and may not be applicable to all green card holders.

Conclusion

In summary, while green card holders do not have the same firearms rights as U.S. citizens, there are some exceptions and special cases where they may be able to purchase firearms. However, these circumstances are limited and subject to specific regulations and restrictions. For the vast majority of green card holders, direct purchase of a gun from a licensed dealer is not an option.

Comparison of Firearms Laws for Non-Citizens

Note:

• "Limited" in the table refers to certain exceptions and special cases mentioned earlier.
• "Yes" in the table indicates that a background check is required.
• "No" in the table indicates that a background check is not required.