World Shoot XIV

Information for Foreign Visitors with Guns & Ammo

News for our Foreign Visitors

Recent changes in BATF regulations require non-immigrant aliens to have an approved import license to bring firearms or ammunition into the United States. Although the text of the regulations states that persons engaged in hunting and competition shooting have an exemption from the licensing requirement, recent information from the BATF indicates that they are using their regulatory authority to override this exemption and require an approved import permit of all visitors.

BATF seems to view the import form as a way of verifying that visitors to the country really do fall within the exemptions outlined in the law. Without this form, most foreign nationals may not possess, nor receive a firearm while in the United States for any reason (this and more information appears in the Form 6 FAQ and Form 6 NIA FAQ). We strongly suggest reading the entire FAQs, as some of the regulatory hoops contained therein are complex, pertaining to seemingly unrelated issues like hunting licenses and WWII era United States military support for other countries - i.e."lend-lease"). Thankfully, BATF's latest form, the Form 6 NIA (for Non Immigrant Alien) is much simpler than the military-equipment-oriented Form 6 that competitors were required to use in 2002. This changes periodically, so be sure to check the ATF site directly.

For example, we point out these recent corrections. In early 2002, competitors were required to get new Form 6's (the long form) each time they came into the United States. Not long thereafter, visitors were allowed to roll all their Form 6's into one (still on the long form). Today we're on to the short form (Form 6 NIA), but shooters must still submit invitations from every event where they intend to compete.

What About A Hunting License?

One way of sidestepping most of the match-related paperwork is to purchase a state-issued hunting license. Using the hunting exemption, a person can enter the United States with a firearm at their discretion, and stay for as long as they like. Details from the ATF website (as seen on 6/03/03) appear below:

Q. I am a nonimmigrant alien and come to the United States for multiple competitive target shooting events each year. Do I need to file a new Form 6 application for each event?
A. No. When you apply for your import permit, you should attach your invitations/registrations to all the events you will be attending during the next 12 months. These will be attached to your approved permit. The import permit you receive will authorize you to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as the invitations/registrations attached to the permit are for future events. If you do not expect to have invitations/registrations for future competitions until shortly before the competitions, you may want to rely on the hunting license exception to the nonimmigrant alien prohibition. If you attach a hunting license to your application, you will be able to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as you have a valid State hunting license to present to the Customs Inspector at the time of entry. You may rely on this exception even though you are coming to the United States for competitive shooting events, and not to hunt.

Match Invitation Letters and USPSA 'Eligibility' letters

When you send in your Form 6 paperwork, you will need to attach invitations to compete, and may supply 'supporting documentation' such as a copy of your USPSA membership card. USPSA offers an eligibility letter to members in good standing applying for their Form 6 NIA. This is 'supporting documentation' only - not an invitation. To attend any particular event, you need an invitation FROM THAT EVENT. If you're coming to the U.S. for one of our national events, we'd be happy to send you an invitation. If you're coming to an Area match, or any other function not run directly by USPSA, you need to get an invitation from the local club president or match director.

Non-USPSA members will need to submit their request through their local regional director who must submit and endorse the request. Letters to such individuals will be forwarded to them via the submitting regional director.

Club Letter Template

We have prepared a template to assist clubs who wish to provide confirmation of registration letters to visitors to their match. (Remember, with the exception of the Nationals, USPSA Headquarters cannot provide foreign visitors with written confirmation they are registered for a particular match). Template in PDF Format
Template if MS/Word Format

What Next???

If you plan on attending a match within the US, please check this and the ATF Form 6 update page frequently in the weeks prior to your arrival. Also contact ATF imports branch directly at (202) 927-8320 to make certain you are in compliance, and there have been no changes to the process. We will try to update this page as we discover additional information, but we cannot predict what changes ATF will make, much less when.

This page was last updated 6/10/03.

Return to USPSA home page.

New Application/Permit for Nonimmigrant Aliens

ATF Online - ATF Form 6 NIA Frequently Asked Questions (FAQs)

New Application/Permit for Nonimmigrant Aliens Temporarily Bringing Firearms or Ammunition into the United States for Hunting or Other Lawful Sporting Purposes

Frequently Asked Questions

Date Updated: 8/11/03

Q1. What is ATF F6NIA?

A. It is a new ATF form. It is the application form that nonimmigrant aliens complete to temporarily bring firearms or ammunition into the United States for hunting or other lawful sporting purposes. If ATF approves the Form 6NIA, the approved form serves as an import permit that you present to the U.S. Customs Service when you enter the United States.

Q2. Should nonimmigrant aliens who want to temporarily import firearms and ammunition for hunting or other lawful sporting purposes complete the new Form 6NIA instead of the ATF Form 6 (Application and Permit for Importation of Firearms, Ammunition and Implements of War)?

A. Yes. ATF developed the new form specifically for nonimmigrant aliens making these temporary imports. The new form should be easier for nonimmigrant aliens to complete.

Q3. May nonimmigrant aliens who want to temporarily import firearms and ammunition for hunting or other lawful sporting purposes complete the old ATF Form 6?

A. No. Nonimmigrant aliens seeking to temporarily import firearms and ammunition for hunting or other lawful sporting purposes must now apply on the new ATF Form 6NIA.

Q4. I am a nonimmigrant alien and received an approved import permit for a shotgun on the old ATF Form 6.The permit is valid for 6 more months. May I continue to use the permit for 6 more months? Or is it not valid now that there is a new import form?

A. You may continue to use the approved ATF Form 6 permit until it expires (assuming you have a valid State hunting license or an invitation/registration to attend a future qualifying competitive target shooting event or sports or hunting trade show).

Q5. I am a nonimmigrant alien temporarily bringing a firearm into the United States for repair. Should I complete the Form 6NIA?

A. Yes. This is the one other situation (besides a temporarily import for hunting or other lawful sporting purposes) where a nonimmigrant alien should complete the Form 6NIA.

Q6. I'm a nonimmigrant alien and will be entering the United States temporarily with a gun - but am not coming to get the gun repaired or for hunting or other lawful sporting purposes. Should I complete the ATF Form 6NIA?

A. No. This is not an appropriate form for you to complete. However, you may need a DSP-61 (Temporary Import License) from the Department of State. To find out if you need this license, call the Office of Defense Trade Controls at the Department of State at 202-663-2714. Please note, whether or not you need the DSP-61to legally possess firearms or ammunition in the United States, you must fall within an exception to the general prohibition on nonimmigrant aliens possessing firearms and ammunition in the United States (for example, by possessing a valid hunting license from a State within the United States).

Q7. Approximately how long will it take to process my Form 6NIA application?

A. Six to eight weeks.

Q8. Where can I obtain a Form 6NIA?

A. The forms can be downloaded from the ATF webpage at www.atf.gov. They also can be ordered from the ATF Distribution Center at 703- 455-7801.

Q9. Who can I call if I have questions about the Form 6NIA?

A. You should call ATF's Firearms and Explosives Imports Branch at 202-927-8320.

Q10. Why does ATF request a fax (facsimile) number?

A. There often are delays with the international mail. Therefore, it is more efficient for ATF to fax permits back to applicants. We strongly recommend that applicants provide a fax number if they have one. Please include a country code as part of the number.

Q11. Can applications be faxed to ATF?

A. Yes. You may fax your application documents to the Firearms and Explosives Imports Branch at 202-927-1679. If you fax your application, please ensure that any attachments (such as hunting licenses) are legible. We recommend that you photocopy such attachments before faxing them to ensure they are legible.

Q12. The new form asks for current and/or past Immigration and Naturalization Service admission number(s) or aliens number(s). What if I do not have one?

A. If you do not have one, answer "N/A".

Q13. Question 11 requires people who are applying to temporarily import guns from Canada to provide a Firearms Possession License Number and/or Firearms Possession and Acquisition License Number. Similarly, the form says question 14h (asking for a Firearms Registration Certificate Number) only has to be completed by applicants from Canada. I am not Canadian but want to import guns from Canada. Do I need to complete these questions?

A. Yes. Any nonimmigrant alien applying to temporarily import guns from Canada must complete these questions, even if they are not Canadian. If you do not have one of the numbers requested, answer "N/A".

Q14. Will I have to give a copy of the ATF Form 6NIA to Customs?

A. No. You will show the Form to Customs, but they will not collect it from you.

General Questions about the Regulations On Nonimmigrant Aliens Possessing Firearms and Ammunition into the United States

Q15. May nonimmigrant aliens legally in the United States purchase or possess firearms and ammunition while in the United States?

A. Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

nonimmigrant aliens who possess a valid (unexpired) hunting license or permit lawfully issued by a State in the United States;

nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local organization devoted to the collection, competitive use or other sporting use of firearms;

certain diplomats;

officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;

foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and

persons who have received a waiver from the prohibition from the U.S. Attorney General.

Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Immigration and Naturalization Service AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 days prior to the firearms transaction.

Q16. Typically, who are "nonimmigrant aliens?"

A. In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. Permanent resident aliens often are referred to as people with "green cards".

Q17. I'm a nonimmigrant alien. I have a State concealed weapons permit. Does this exempt me from the prohibition on nonimmigrant aliens possessing or receiving firearms and ammunition?

A. No. A State concealed weapons license/permit does NOT satisfy the hunting license or permit exception to the prohibition.

Q18. What is an INS-issued alien number or admission number?

A. These are 2 different types of numbers. An admission number is the number on an INS Form I-94 or INS Form I-94W, the arrival/departure form INS gives most nonimmigrant aliens when they arrive in the U.S. While most nonimmigrant aliens will automatically receive an admission number when they enter the U.S., Canadians will not. However, if a Canadian asks an INS official for an admission number when he/she enters the United States, he/she will be given an admission number. Most nonimmigrant aliens will not have an alien number. An alien number is an INS file number is issued in a variety of limited situations, such as to nonimmigrant aliens with employment authorization documents.

Q19. I am a nonimmigrant alien. I purchased a firearm in Maine in early 1998 after providing the Federal firearms dealer with documentation showing I had resided in the State for more than 90 days. I was told that this transaction was legal then. Am I entitled to keep that firearm and any ammunition I have on hand? Is there a "grandfather" clause in the new regulations that would protect me from criminal liability?

A. Since October 21, 1998, when the Gun Control Act was amended to make nonimmigrant aliens a new category of prohibited persons, nonimmigrant aliens generally have not been able to possess firearms and ammunition in the United States. Our regulations simply implement this statutory prohibition. The law does not allow us to create a "grandfather clause" in our regulations. Therefore, unless you obtain a valid State hunting license or permit (or fall within one of the other exceptions), your possession of the firearm and ammunition is NOT legal.

Bringing Firearms/Ammunition into U.S.

Q20. The temporary regulations (TD-ATF-471) give the Attorney General or his delegate (the ATF Director) the authority to require nonresidents temporarily bringing firearms and ammunition into the United States for hunting or other lawful sporting purposes to first obtain an approved import permit. Will ATF will exercise that authority? Will all such importations now require an ATF-approved permit?

A. All nonimmigrant aliens (with a few exceptions which are listed below) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad). The exceptions to this permit requirement are for certain foreign military personnel, official representatives of foreign governments, distinguished foreign visitors, and foreign law enforcement officers of friendly foreign governments entering the U.S. on official law enforcement business.

Q21. Why is the submission of a Form 6NIA for every importation now necessary?

A. After the events of September 11th, it was determined that national security and public safety required ATF to know when nonimmigrant aliens are bringing firearms and ammunition into the country and the numbers and types of firearms and ammunition they are bringing in. Moreover, because nonimmigrant aliens generally cannot possess firearms and ammunition in the United States, the permit process is necessary to ensure any nonimmigrant alien bringing firearms or ammunition into the country falls within an exception to the prohibition.

Q22. Do I need to attach any particular documentation to the Form 6NIA application I submit to ATF?

A. Yes. When you file your Form 6NIA application, you must provide ATF with appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition.

Appropriate documentation includes a valid hunting license/permit from a State of the United States. In order to be valid, the license cannot have expired at the time of submission. An application for a hunting license/permit does not qualify for the exception. A Canadian hunting license/permit also does not qualify.

Appropriate documentation also includes an invitation/registration to attend a target shooting competition or sports or hunting trade show sponsored by a national, State, or local organization devoted to the collection, competitive use, or other sporting use of firearms. Invitations/registrations only will qualify for the exception if they are addressed to/filled out by the Form 6NIA applicant.

Q23. Do I need to show anything other than the approved Form 6NIA permit to U.S. Customs when I enter the United States?

A. When you enter the United States, you must show Customs both your approved Form 6NIA permit and appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition. See FAQ 22 for a discussion on appropriate documentation.

Q24. I'm a nonimmigrant alien. I provided ATF with a copy of a hunting license when I filed my Form 6NIA import application. Can I provide Customs with a copy of the same hunting license when I enter the United States?

A. It depends. If the hunting license is still valid (meaning it has not expired) at the time you enter the United States, you may present Customs with a copy of the same license. However, if the hunting license has expired, you must get a new hunting license to present to Customs, or Customs will not allow you to import the firearm or ammunition. Please note, you must have a valid hunting license the entire time you possess firearms or ammunition in the United States or your possession will be illegal.

Similarly, if you provided ATF with a copy of an invitation/registration to attend a target shooting competition or sports or hunting trade show, you may present Customs with a copy of the same invitation/registration, as long as it is for a future event.

Q25. Can I list more than one firearm on a Form 6NIA application? Can I also list ammunition on the same form?

A. You may list more than one firearm on a Form 6NIA application and may include ammunition on the same application.

Q26. I am a nonimmigrant alien who wants to bring firearms into the U.S. for a hunting trip. Can I fill out and submit the Form 6NIA myself? Or must I have a Federally licensed importer or dealer complete it and submit it for me?

A. You may complete the form yourself and submit it yourself.

Q27. I am a nonimmigrant alien. I have obtained an approved ATF Form 6NIA import permit. Someone mentioned that I have to show Customs the approved Form 6NIA permit and provide them with something called "ATF Form 6A". Is this correct?

A. No. Because you are only importing the firearms temporarily, you do not need to complete ATF Form 6A or provide it to Customs.

Q28. I am a nonimmigrant alien and come to the United States at least 6 times a year to go hunting. Do I need to file a new Form 6NIA application for each trip?

A. No. The import permit you receive authorizes you to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as you have a valid State hunting license to present to the Customs Inspector at the time of entry.

Q29. I am a nonimmigrant alien and come to the United States for multiple competitive target shooting events each year. Do I need to file a new Form 6NIA application for each event?

A. The import permit you receive will authorize you to bring in the firearms and ammunition listed on the permit repeatedly for 12 months after the date the permit is approved, as long as you have invitations/registrations for future events to present to Customs.

Q30. I am a nonimmigrant alien coming to the U.S. for a two-week hunting trip with 10 other nonimmigrant aliens. Do we all have to file separate Form 6NIA applications?

A. Yes. Each person must file a separate Form 6NIA application. Each applicant also must provide his or her own hunting license/permit as part of his/her application. Similarly, if a group of nonimmigrant aliens is coming to the U.S. to compete in a qualifying competitive target shooting event or to attend a sports or hunting trade show, each person must file a separate Form 6NIA application and provide his/her own invitation/registration as part of the application.

Q31. I'm attending a shooting event in the United States and am not sure if it qualifies for the exception. What should I do?

A. We suggest that before filing your Form 6NIA application, you call the Firearms and Explosives Imports Branch and ask if the event qualifies. If it does not qualify, you may obtain a hunting license as an alternative way of meeting one of the exceptions. Checking if the event qualifies before you submit your application will speed up the processing time of your application.

Q32. I am a nonimmigrant alien. Do I need a Form 6NIA import permit to import a muzzle loading gun that is considered an antique firearm under the Gun Control Act?

A. No. Because antique firearms are not considered firearms for purposes of the Gun Control Act, none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition. If you are not sure if your firearm is an antique firearm as defined by the Gun Control Act, contact ATF's Firearms Technology Branch (202-927-7910).

Q33. Are there any restrictions on the types of guns I can bring into the United States for hunting or for a shooting competition?

A. Yes. You may not bring in semiautomatic assault weapons unless they previously were in the United States on or before September 13, 1994; large capacity ammunition feeding devices (which generally include magazines that can hold more than 10 rounds of ammunition) made after September 13, 1994; unregistered National Firearms Act weapons (which include machineguns, short-barreled rifles and shotguns, and silencers); U.S. government origin firearms or firearms that contain U.S. government origin manufactured parts or components; and firearms from certain proscribed countries. If you think the items you wish to import may be affected by these restrictions, please contact the Firearms and Explosives Imports Branch.

Q34. If I import a firearm temporarily for hunting or match shooting, do I have to take it out of the United States at all? My brother-in-law is a United States citizen and a U.S. resident. Can I just import the firearm, and leave it in the United States with him until I come back to the U.S. and need the gun again?

A. You may not leave the firearm with your brother-in-law. The regulations only allow you to temporarily import firearms. Therefore, you must take the firearms you import back out with you when you complete your sporting activity. In fact, the import permit you receive will state that the firearm must be taken out of the United States at the conclusion of the hunting or sporting event. Therefore leaving the firearm in the United States will result in an unlawful importation.

Q35. If I can't leave the gun with a friend or relative, could I leave it in the custody of a Federal Firearms Licensee in the United States?

A. No. Because the regulations require you to take the firearms you import back out with you when you complete the sporting activity, you cannot leave them with anyone in the United States, even a Federal firearms licensee. Also, as stated in FAQ 34, leaving it with an FFL will violate the restrictions on your permit stating that the firearm must be taken out of the United States at the conclusion of the hunting or sporting activity.

Q36. If I receive a Form 6NIA import permit, do I need to obtain an export permit to take the guns and/or any remaining ammunition back out of the United States?

A. No.

Q37. I'm a nonimmigrant alien who is coming to the United States for two weeks to go hunting. Can I rent a firearm in the United States to use on this trip? What about if I want to go to a shooting range one day - can I rent a firearm there as well?

A. As long as you possess a valid hunting license from a State within the United States, you may rent firearms to hunt and to use at a shooting range. If you do not have the hunting license, your possession of the firearms and ammunition will be unlawful. The hunting license does NOT have to be from the State where you will be possessing the guns and ammunition.

Q38. I am a U.S. citizen living in Canada with no State of residency in the United States. Do I need an import permit to temporarily bring my gun to the U.S. to hunt or to attend target shooting events?

A. No. You are not required to obtain an import permit. The import permit requirement only applies to nonimmigrant aliens.

Q39. Q39. I live in Canada and have to fly through Dallas/Ft. Worth airport when I fly from Canada to South America. Do I need to obtain a Form 6NIA import permit from ATF for this trip if I am traveling with a gun? Does it make any difference if I do not clear U.S. Customs and Border Protection during my layover or if I clear U.S. Customs and Border Protection and, for example, spend the night in Dallas before continuing on to South America?

A. Regardless of whether you clear U.S. Customs and Border Protection, you do NOT need to obtain a Form 6NIA import permit from ATF because you are not entering the United States for legitimate hunting or lawful sporting purposes. However, if you clear U.S. Customs and Border Protection, you do need to obtain a temporary import license (DSP-61) from the U.S. State Department, Office of Defense Trade Controls (ODTC) (202-663-2714). You should contact the ODTC for details. Even if you do not clear Customs, you likely need to obtain a DSP-61 from the State Department. Again, you should contact the ODTC for details. In addition, if you clear Customs, you should obtain a hunting license (if you do not fall within any other exception to the general prohibition on nonimmigrant aliens possessing firearms and ammunition in the United States). Otherwise your possession will be illegal. Moreover, you must ensure your possession does not violate State or local law. We suggest you contact State and local law enforcement authorities to inquire about any prohibitions.

Q40. I'm Canadian and am going to be driving through the United States as a short cut to get from one part of Canada to another part of Canada. I'm going to have a rifle with me. What documentation will I need at U.S. Customs?

A. You do not need a Form 6NIA import permit from ATF because you are not temporarily bringing your gun in for hunting or other lawful sporting purposes. You also do not need a DSP-61 import license from the State Department, because there is an exception to their license requirement that applies in this situation. However, you do need to have a valid hunting license from a State within the United States to make your possession of the firearm legal while you are in the United States.

Q41. I'm a nonimmigrant alien and have been living in the United States for several years. I have a firearm that I legally purchased in the United States and legally possess (I have a valid State hunting license). I'm going to bring my gun with me on a hunting trip to Canada. Will I need to obtain a Form 6NIA permit to bring the gun back into the United States with me?

A. You will not need to obtain a Form 6NIA permit if, when you return to the U.S., you can satisfy the U.S. Customs official that you previously took the firearm out of the United States with you. The easiest way to do this is to complete Customs Form 4457 when you leave the U.S. with the gun. Please note that when you return to the U.S. you will have to present the Customs official with documentation (for example, a hunting license/permit) demonstrating you are exempt from the general nonimmigrant alien prohibition on possessing firearms.

Q42. I am a Canadian law enforcement officer planning to attend a qualifying competitive target shooting event in the United States. Do I need an import permit?

A. If you are attending the event in your official capacity as a law enforcement officer and all the firearms you are bringing are for use in that event, you do not need a permit. This is because of a regulatory exception. You will need to show Customs documentation demonstrating you are a law enforcement officer and need to use these firearms for official purposes. If, however, you are attending the event as a private individual, the nonimmigrant alien import permit requirements will apply to you. Please note that even if you are exempt from the permit requirements as a law enforcement officer on official business, you may not bring in semiautomatic assault weapons unless they previously were in the United States on or before September 13, 1994; large capacity ammunition feeding devices (which generally include magazines that can hold more than 10 rounds of ammunition) made after September 13, 1994; or unregistered National Firearms Act (NFA) weapons (e.g., short-barreled rifles and shotguns, machineguns, silencers).

Purchasing Firearms

Q43. Why did you change the Form 4473?

A. In 1998, the Gun Control Act was amended to include nonimmigrant aliens as a new category of persons generally prohibited from possessing or receiving firearms or ammunition. The form had to be changed to address the nonimmigrant alien prohibition and its exceptions.

Q44. Question 13 on the new Form 4473 states "If you are a nonimmigrant alien, do you fall within any of the exceptions set forth in Important Notice 6, Exception 2?" It then has three boxes labeled "Yes", "No", and "Not applicable." I don't understand what the "Not applicable" box is for.

A. Any person who is NOT a nonimmigrant alien should check the "Not applicable" box. We recognize this is a bit confusing since Question 13 begins "If you are a nonimmigrant alien." This question will be clarified the next time the form is redone.

Q45. I have a "green card" and have lived in Texas for several years. Am I prohibited from purchasing firearms and ammunition from an FFL in Texas?

A. As long as you are not otherwise prohibited from purchasing or possessing firearms and ammunition (for example, a felon), Federal law does not prohibit you from purchasing or possessing firearms or ammunition. However, you will need to put your INS-issued alien number or admission number on the Form 4473 and provide the FFL with documentation establishing you have resided there for more than 90 days. Moreover, you must make sure there are no State or local restrictions on such a purchase.

Q46. I am a nonimmigrant alien who has resided in Idaho for 1 year. I have a valid Montana hunting license. Can I use the Montana license as evidence that I fall within an exception to the nonimmigrant alien prohibition when I go to buy a gun from a dealer in Idaho?

A. Yes. A valid hunting license or permit from any State within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The license does not have to be from the State where the nonimmigrant alien is purchasing the firearm. Please note, you still need to provide an INS-issued alien number or admission number and provide the FFL with documentation establishing that you have resided in Idaho for more than 90 days. Moreover, you must make sure the transaction complies with State and local laws.

Q47. I am a nonimmigrant alien who is on a month-long vacation in the United States. I have a hunting license and an INS-issued admission number. Can I legally buy a firearm from a Federal firearms licensee (FFL) in the United States and take possession of it in the United States?

A. No. You cannot legally buy a firearm from an FFL and take possession of it in the U.S. because you have not resided in a State within the United States for 90 days.

Q48. I am a nonimmigrant alien. I'm coming to the United States for 2 weeks. I do not have a hunting license or any INS-issued number. Can I buy a firearm from a Federal firearms licensee (FFL) to take back to my home country?

A. You may not buy a firearm and take possession of it in the United States. However, the FFL may directly export the firearm to your home country. If the FFL directly exports it, you do not need a hunting license, INS-issued number or 90 days of State residency. However, the FFL first must obtain an export license from the Department of State or, if the firearm is a sporting shotgun, from the Department of Commerce.

Q49. I am a nonimmigrant alien and am planning to reside in Florida for 6 months. Do I need an INS-issued alien number or admission number if I plan to buy a gun after living in Florida for 90 days? If so, how do I get such a number?

A. All non-U.S. citizens need an INS-issued alien number or admission number to purchase a firearm from a Federal firearms licensee (FFL). The FFL will not complete the sale if you do not have such a number. This is the case even if you have a State permit that ATF has determined qualifies as a "NICS alternative" and therefore do not need to have a National Instant Criminal Background Check System Check. Most nonimmigrant aliens will automatically receive an admission number when they enter the United States (see FAQ 18). However, Canadians will not automatically receive this number and therefore should specifically ask for this number when they enter the United States. These numbers only can be issued at a port of entry, so it is important that you request the number when you enter the United States. Please note, most nonimmigrant aliens will not receive alien numbers (see FAQ 18).

Q50. I am a nonimmigrant alien and have been residing in Florida for 4 months. I do not have an INS-issued alien number or admission number. Is there any way I can get an INS number?

A. Yes. However, because INS only issues admission numbers at ports of entry, you will have to leave the United States and return to the United States to get such a number. One way to accomplish this is to go to either the Canadian border or Mexican border, leave the United States, and then reenter the United States. Upon reentering the United States, you can ask an INS inspector for an admission number. You do not have to stay in Canada or Mexico for any length of time to do this. You can simply drive over the border, turn around, and reenter at a Customs point of entry. You also could request an admission number at a U.S. airport or seaport if you left the United States and returned by plane or ship. Please note, however, that it will take several weeks for the admission number to be entered into the INS system. You likely will receive a "denied" response from NICS or the State POC if you try to purchase a firearm before the number is entered into the INS system. Most nonimmigrant aliens will not be able to obtain alien numbers (see FAQ 18)).

Please note a sample Form 4473, with explanatory pop-up boxes, is on the ATF Web page.

These Qs & As will be supplemented as necessary. Please check this Web site for updates www.atf.gov.