ATF is allowing more people to have guns

This is good news from the ATF:

Since 1998, the Gun Control Act (GCA) has prohibited certain nonimmigrant aliens from receiving or possessing firearms or ammunition that have a connection to interstate commerce.

Recently, the Office of Legal Counsel, U.S. Department of Justice, (OLC) has informed ATF that its interpretation of the scope of persons prohibited by section 922(g)(5)(B) is overly broad. That is, OLC determined that the prohibition contained in section 922(g)(5)(B) does not extend to all nonimmigrant aliens present in the United States, but only extends to aliens who were admitted to the United States under a nonimmigrant visa. Some nonimmigrant aliens, including most Canadian visitors, as well as aliens admitted under the Visa Waiver program, are allowed to be present in the United States without a nonimmigrant visa. Those aliens, and others who are lawfully in the country without a visa, are not within the scope of the GCA prohibition. This interpretation of the scope of persons prohibited by section 922(g)(5)(B) extends to the scope of transfers of firearms by sellers (including Federal firearms licensees) under 922(d)(5)(B).

The way I read this is that more visitors to our country will soon be able to legally purchase and use firearms while they are here. This will mean they can defend themselves as well as participate in the shooting sports. This is a good thing for spreading freedom around the world. Plus it’s probably going to make anti-gun people cry.

When even the ATF makes anti-gun people unhappy you just have to smile and think maybe things still might turn out okay.

10 thoughts on “ATF is allowing more people to have guns

  1. Wonder how that will pan out in WA State, WA State has what is called an Alien Firearms License, when I was a “nonimmigrant alien” I had to have that license to obtain my firearms. I still need that license for my CPL.

  2. This could easily be political correctness toward immigration biting itself in the tail. Either way, more folks with guns. More people with personal sovereignty. Good.

  3. I have full faith that the batfeieio will ignore this ruling just as it does other court rulings it doesn’t like. don’t like.

  4. @MD, I thought WA state got rid of the Alien Firearms License a couple years ago.

    @Tim, That is the way I read it. But keep in mind that what I posted is in the planning stages and hasn’t been implemented yet.

  5. @ Joe, no WA Still has the AFL: Also as stated above, I wonder why I need it for my CPL? Seems odd that way.

    Frequently asked questions: Alien firearms license:

    Q: What is an alien firearms license? A: This license allows you to use a firearm for hunting and sport shooting if you are a non-immigrant alien who is temporarily living in Washington State.

    Q: Who must have an alien firearms license? A: Any non-immigrant alien who is temporarily living in Washington, such as: Students on temporary school visas. People on temporary work visas.

    Q: Who doesn’t need an alien firearms license? A: A permanent resident alien (immigrant alien) with a permanent resident card (green card). A citizen of Canada or a non-immigrant alien not residing in Washington, who is hunting or participating in trade shows or shooting events while visiting or vacationing here.

    Q: How long is my alien firearms license valid? A: The license will be valid in the state of Washington for 2 years from the date it was issued.

    Q: Can I apply for a concealed pistol license if I have an alien firearms license? A: Yes.

    Q: Can I purchase a firearm if I have an alien firearms license? A: Yes.

  6. Well I think this clarifies my situation regarding my CPL and AFL here in WA State. I just received a reply from the DOL Firearms Unit, and it came only 3 minutes after I sent my email… nice!

    Response to my Email:
    From: “DOL Firearms”
    Date: 12/12/2011 09:30 AM
    Subject: RE: CPL Question
    Good Morning Mr. Willington,
    If you have a permanent resident car/green card, you are no longer required to obtain and aliens firearms license to possess, own, purchase firearms or obtain a CPL. Instead of providing your AFL you will just need to provide your permanent resident/green card number on the application.
    Thank you,
    Amy Srsen
    Firearms Unit
    Business & Professions Division
    Department of Licensing
    (360) 664-6616

    My Email:
    From: MD_Willington
    Sent: Monday, December 12, 2011 9:27 AM
    To: DOL Firearms
    Subject: CPL Question
    I’m currently an immigrant alien (Green card holder/legal permanent resident).
    I renewed my CPL months back and was wondering if I still need to have an AFL (alien Firearms License) to fill out my next CPL renewal?
    My local LEO (X County Sheriff) was not sure if I still needed the AFL and said to include my AFL number just in case.
    I know that I no longer need an AFL to posses my firearms, but do I still need the AFL for my CPL?
    No one seems to know. Any help regarding this would be appreciated.
    Thank you for your time.
    MD Willington

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