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FFL Requirements

I am a South African/Namibian who will be spending some time in the USA on a contractual basis. I understand that in the USA a dealer/manufacturer may only sell a rifle or action to a FFL holder, but the subsequent owner may sell to any individual without any requirements. Is this indeed the case?
May a foreigner living/working in the USA become a FFL holder or own a rifle to participate in inter alia F Class? If so, what are the procedures?
I`m looking for a BAT, Nesika K or other suitable action on which to build a F Class rifle.
Your advise will be appreciated.
Chris
 
The laws vary from state to state. I don't know whether a foreign national on a work permit can become an FFL. However, if you fill out the correct paperwork, qualify under certain exemptions, have resided in the USA for at least 90 days and have a hunting license or other permit, I believe you will be able to obtain a long-gun, in most states. Throughout the USA, the action is considered the gun.

Although some states impose few restrictions on private party sales among adults, you should be wary of "straw purchase" prohibitions.

The best thing to do is consult the Bureau of Alcohol, Tobacco and Firearms to ensure you comply with all Federal Requirements. Then you have to check the laws of the particular state in which you will reside/work.

Here is the ATF website: http://www.atf.gov

Here is part of the relevant ATF Firearms FAQ:

,A15) Q. May foreign visitors and other aliens legally in the United States purchase or possess firearms and ammunition while in the United States? [Back]

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:

1. nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a State in the United States;

2. 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 firearms trade organization devoted to the competitive use or other sporting use of firearms;

3. certain diplomats;

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

5. 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.

,A16) Q. Typically, who are "nonimmigrant aliens?"

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").

,A17) Q. How do I obtain a waiver from the Attorney General? [Back]

You must contact the Department of Justice for information on that procedure. However, in order to even apply for the waiver you must have resided in the United States continuously for at least 180 days prior to submitting your application.

,A18) Q. I have a "green card" and have lived in Texas for several years. Am I prohibited from purchasing firearms and ammunition in Texas?

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. Moreover, you must make sure there are no State or local restrictions on such a purchase.
 
I concur with the Moderator. That has been exactly my experience as an Australian living over here.

A valid state hunting licence, proof of 90 day residency,I use my VA drivers license) and the number off the card the INS gives you when you come through customs at the airport and you will be good to go.

When the dealer does my NICS check over the phone, they never give an immediate answer but have always called back within an hour with an approval. My guess is they have to go out back and look the regs up for themselves.
 
You do not need an FFL to own firearms in the USA.
Most states have no license requirements for long guns at all.
As an individual, if you can meet the Federal rules and any state,or local rules) you can purchase a rifle with little difficulty.
 
Thank you very much for all the advice - it is really appreciated. Will see if I can lay my hands on a custom action.
Chris
 
Brickeyee
I have noticed that almost all adverts for actions,and rifles for that matter), even by individuals, indicate that it can only be sold to FFL holders. What is the reasoning if you do not need a FFL to own a rifle?
Thanx
 
ChrisNam said:
I have noticed that almost all adverts for actions,and rifles for that matter), even by individuals, indicate that it can only be sold to FFL holders. What is the reasoning if you do not need a FFL to own a rifle?
An FFL is required if one is in the business of manufacturing, selling, or transferring,i.e., gunsmith) firearms. Especially if transfers take place across state lines. With VERY few exceptions, firearms in the US cannot be sold via mail order - the purchaser must be present during the final transfer process.

Firearms,including actions) must pass from the manufacturer to a LOCAL licensed dealer,and may make one or more intermediate stops when passing through distributors). Except for common carriers,package services), each stop must be to an FFL. The local dealer,FFL) is the one responsible for completing the paperwork to sell the firearm to you.
 
When I had my FFL, I would buy long and hand guns from back east and they were shipped to me in CA. No problem! No in between dealer. The rules may have changed in the last few years?
 
NorCalMikie said:
When I had my FFL, I would buy long and hand guns from back east and they were shipped to me in CA. No problem! No in between dealer. The rules may have changed in the last few years?
No, the rules haven't changed. Sometimes, the dealer buys directly from the factory. Sometimes, the dealer buys from a distributor. The distributor may get a better price on firearms, since they are buying large numbers of them from the factory.
 
Thank you very much for clarifying the issue. One more question however!
Asa Yam, are you saying that the local dealer can sell the fire-arm to any person living in that specific state,Texas in my case)without that person having a FFL. The local dealer however have to complete documents - precisely what information does the local dealer need and are there any requirements that must be met.
Chris
 
Chris the selling dealer needs to have the purchaser fill out the over the counter firearms transaction form. The dealer needs to verify his ID and finish filling out the form. If you are not face to face it would have to be sold to another FFL holder and then he would do the same thing in selling to you.
Butch
 

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