Transactions involving foreign nationals are among the more complex scenarios FFL dealers encounter. The rules around firearm transfers to non-U.S. citizens are nuanced, with different requirements depending on immigration status, visa type, and length of residence.
The General Rule
Under federal law, it is generally unlawful to transfer a firearm to an alien illegally in the United States. For aliens legally in the United States on non-immigrant visas, the general rule is that non-immigrant visa holders are prohibited from purchasing or possessing firearms — with specific exceptions.
Exceptions for Non-Immigrant Visa Holders
Non-immigrant visa holders may be eligible to purchase firearms if they fall into statutory exceptions, including: admitted for lawful hunting or sporting purposes, official representatives of a foreign government, holders of valid U.S. state hunting licenses, or those granted waivers by the Attorney General.
The hunting license exception is most commonly used. A non-immigrant visa holder who presents a valid state hunting license may be eligible to purchase firearms. Verify the hunting license is current, issued by a U.S. state, and that the buyer is in the country legally. Document everything.
Lawful Permanent Residents
Lawful permanent residents — green card holders — are generally treated the same as U.S. citizens for firearm purchase purposes, subject to the same prohibited person categories.
Documentation Requirements
For foreign national buyers who qualify for an exception, copy and retain the visa, green card, or hunting license with the Form 4473. These transactions receive heightened scrutiny in compliance inspections — document everything carefully.
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