Need help finding an FFL near Tucson willing to work with a non-immigrant alien!

[HikingSwarmUofCat33]

Hello everybody!

I am very much new to this forum and wasn't planning my introduction to be like this. But here's my dilemma, I am currently a non-immigrant alien in the United States with a valid non-resident hunting license which allows me to obtain a firearm. This is an exception that was allowed by the ATF under the GCA (Gun Control Act). See this FAQ (https://www.atf.gov/firearms/qa/may-nonimmigrant-alien-who-has-been-admitted-united-states-under-nonimmigrant-visa).

I have confirm the information above for any possible changes over the years since it was implemented with the ATF FIPB Regulatory Board (see email attached below). The one concern I have with claiming residency (federally) was solved after I contacted the Industry Operations Agent in my local office and he has cleared that with the legal department that I can prove that I can live here (by rent or electricity bill). I do and have lived here for the past 3 years so I am by all means in residence (federally).

As stated in this FAQ (https://www.atf.gov/firearms/qa/may-nonimmigrant-alien-who-has-been-admitted-united-states-under-nonimmigrant-visa-and), "A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations."

I have cross referenced with local Arizona law with a lawyer and has found no specific laws from prohibiting a non-immigrant alien from obtaining a firearm. We also looked into this case (https://www.azcentral.com/story/news/local/arizona/2017/05/21/feds-seize-guns-8-chinese-students-university-arizona/334920001/) and have definitely confirm that their error is in obtaining a Arizona resident hunting license which nullify their exception as it violates State law. I have a legally obtained non-resident hunting license.

Will all that being said, I am cleared legally but I am having trouble finding a knowledgeable FFL who is willing to process and have experience in dealing with non-resident alien in Tucson. I have called several and they have politely declined. I just need some help finding some and I am willing to travel.

Also if you are interested, I have attached the ATF NICS guidance for processing someone in my status (See second PDF attached below).

Here are 2 additional links of people from other States discussing this very issue.
https://www.ar15.com/forums/Armory/Non-immigrant-alien-with-hunting-licence-requirements-to-purchase-firearm-/44-509695/
https://www.migunowners.org/forum/archive/index.php/t-9936.html

Sincerely,

HikingSwarmUofCat33

 

[pneuby]

Thee best shop in Tucson, IMHO, is Murphy's. Try them first. There's some experienced old-timers there.

 

[cool arrow]

Or DiamondBack if you are on the east side

 

[HikingSwarmUofCat33]

Thee best shop in Tucson, IMHO, is Murphy's. Try them first. There's some experienced old-timers there.

I did try them first but they politely declined my case. Thanks for the recommendation though!

Or DiamondBack if you are on the east side

I will give them a call, I am more on the West side of Tucson so I couldn't find them I was looking it up. Thanks!

 

[cool arrow]

Murphy's is a great shop, with a small town feel. I can understand why they would not want to get involved.

Diamondback is more like SGC, a little more shiny and corporate. If anyone in town can help, I would go to them.

 

[HikingSwarmUofCat33]

Murphy's is a great shop, with a small town feel. I can understand why they would not want to get involved.

Diamondback is more like SGC, a little more shiny and corporate. If anyone in town can help, I would go to them.

Gave them a call, unfortunately they decline as well. I had big hopes for that one but I guess the search continues.

 

[GunNut]

Due to ATF regulations, searches and such you are asking a lot of the FFL. Not worth the liability in their eyes.
Good luck & keep us posted if you do find someone

 

[kptaylor]

Have you asked the lawyer/law firm you had review your info? They may be able to help.

 

[Ballistic Therapy]

Due to ATF regulations, searches and such you are asking a lot of the FFL. Not worth the liability in their eyes.
Good luck & keep us posted if you do find someone

I have to agree with that.
The way this administration ( if you can call it that ) is going after guns and gun dealers , you really can't blame them.

 

[HikingSwarmUofCat33]

Have you asked the lawyer/law firm you had review your info? They may be able to help.

Actually I did, I wrote above that I have contacted an Arizona Gun Law lawyer to assist me in verifying what I'm looking at is accurate and we already spent some months back-and-forth to confirm that there are no additional requirements and restriction from the State level and ultimately now, Federal level. Nothing has comes up so far and since contacting the ATF + AZ DPS yields the same result.

The problem now lies within if the FFL holder being able to fill the form 4473 correctly and being able to provide the correct identifier (I-94) for the NICS system. That's a big liability issue and additional source of stress in conducting their business that they can do without. I truly don't blame them and I just wishes I could find one FFL that has some experiences in dealing on this end and have done this before for other people.

 

[xerts1191]

 

[MarkItZero]

I wouldn't touch this one if I was an FFL either.

Especially if you're utilizing a hunting license but trying to buy a gun not typically used for hunting.

 

[HikingSwarmUofCat33]

I wouldn't touch this one if I was an FFL either.

Especially if you're utilizing a hunting license but trying to buy a gun not typically used for hunting.

That's very much fair, I am looking for a bolt action or a semi auto rifle in .308 and 6.5 Creedmore. That was recommended to me by hunter friends in the area. I am planning on going hunting next year in 36A, 36C or 33. I have no intentions of doing anything else and I have completed my hunting safety education.

 

[Ballistic Therapy]

If you can legally purchase a gun , why not look for a private party sale ?

 

[HikingSwarmUofCat33]

If you can legally purchase a gun , why not look for a private party sale ?

That's a very good question and the answer is yes, I can purchase from a private party sale. Legally it's mentioned here (https://www.law.cornell.edu/uscode/text/18/922)

On the other hand, going through an FFL vendor paints me in a much more positive light in the federal government' eyes and that often times helpful for me as a visitor. I'm not sure how much you know about the US immigration system (and subsequently the visa issuance system) but it's as best described as a credit report or a resume. Everything you do in the United States as a visitor is recorded (What job you are taking and where you are staying and paying bills) and whether you do those rights given to you in a legal and safe manner, whether the things you do benefit United States as a whole and Americans as a smaller subset is all taken in consideration. Whenever I ask for an extension of my study visa or my work visa, I must ask the USCIS (United States Citizenship and Immigration Services) to look into my request, conduct a background check and review my activities here to consider trustworthy enough to be allowed to continued presence.

I am by all means want to legitimize this purchase (in the eyes of the federal gov) and be allowed for continued visit or work/study benefit in the future. I have many friends here and I believed I have contributed positively to the country as a whole and to my local community as a smaller subset.

 

[Ballistic Therapy]

So if you can purchase one legally from a private sale .
Then couldn't you purchase one from a private sale and continue to look for an FFL that will help you ?
Then in the mean time , you can legally hunt while you are looking for the right FFL.
Buying from an individual might not give you the credit report or resume you mentioned , but it wouldn't go against it , would it ?

Just a thought , I am by no means an expert in the field.

 

[HikingSwarmUofCat33]

So if you can purchase one legally from a private sale .
Then couldn't you purchase one from a private sale and continue to look for an FFL that will help you ?
Then in the mean time , you can legally hunt while you are looking for the right FFL.
Buying from an individual might not give you the credit report or resume you mentioned , but it wouldn't go against it , would it ?

Just a thought , I am by no means an expert in the field.

I have no intention to rush purchasing one, I have friends in the area where I could lend when we go hunting together. My attempt to post this thread is to explore my options in Arizona for an FFL as I anticipate that to be a significant obstacle. I didn't draw a tag for this season as well so there's nothing to worry about. I'm expecting to buy one months from now, hopefully around the Spring 2024 season.

It won't go against it. You are correct on that end.

 

[RufusXG]

You have to wonder how most FFLs actually feel about the 2A.

 

[cool arrow]

I don't think that most FFL's are shying away because of their position on the 2A, I think it is more concern about not knowing the legalities, and not being willing to chance it and run the risk of losing their FFL.

The ATF has no problem hemming up businesses, and if you are a small shop, or home FFL, this could break you.

 

[GunNut]

I don't think that most FFL's are shying away because of their position on the 2A, I think it is more concern about not knowing the legalities, and not being willing to chance it and run the risk of losing their FFL.

The ATF has no problem hemming up businesses, and if you are a small shop, or home FFL, this could break you.

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