The United States has specific federal restrictions on firearm transfers to aliens — a term that in immigration law refers to foreign nationals, not specifically to unauthorized immigrants. Understanding which alien categories are prohibited from purchasing firearms, which exemptions exist, and what documentation to collect is essential for any FFL dealer who serves customers who may be foreign nationals.
The General Prohibition
Federal law (18 U.S.C. § 922(g)(5)) prohibits the transfer of firearms to any person who is illegally or unlawfully in the United States, and to any person who is admitted to the United States on a nonimmigrant visa — with certain exceptions. The nonimmigrant visa category is broader than many dealers realize and includes most tourist, student, and temporary worker visas.
Who Is a Nonimmigrant?
A nonimmigrant is a foreign national who has been admitted to the U.S. for a specific, temporary purpose. This includes visitors on B-1/B-2 tourist visas, students on F-1 visas, temporary workers on H-1B or other work visas, exchange visitors on J-1 visas, and many other categories. A nonimmigrant who has been admitted to the U.S. on any of these visa types is generally prohibited from purchasing or receiving a firearm.
The Key Exceptions
There are several exceptions to the nonimmigrant prohibition that allow certain foreign nationals to purchase firearms:
- Hunting exception: A nonimmigrant who has been admitted for lawful hunting or sporting purposes, or who is in possession of a valid hunting license or permit from a U.S. state or territory, may be eligible to purchase a firearm for lawful hunting purposes.
- Government/military: Official representatives of foreign governments and members of foreign military forces on official duty may be eligible under specific circumstances.
- Waiver: The Attorney General may grant a waiver to specific aliens — though this is rarely used in retail firearms contexts.
Lawful Permanent Residents Are Different
A lawful permanent resident — a green card holder — is not in the same category as a nonimmigrant. Lawful permanent residents (LPRs) are not subject to the nonimmigrant visa prohibition and may generally purchase firearms subject to the same eligibility requirements as U.S. citizens. The key document distinguishing an LPR from a nonimmigrant is the Permanent Resident Card (Form I-551, the "green card").
Documentation Requirements
For alien buyers, Form 4473 Question 21k asks whether the buyer is an alien illegally in the U.S., and Question 21l asks whether the buyer is a nonimmigrant alien. If the buyer answers "yes" to 21l (nonimmigrant), they must also indicate whether an exception applies and provide supporting documentation. The dealer should collect copies of any documentation the buyer presents to support a claimed exception.
The Practical Reality at the Counter
Verifying alien status is challenging at the point of sale. A foreign national presenting a state driver's license — which some states issue to nonimmigrant aliens — may not appear different from any other buyer. Question 21k and 21l on the Form 4473 require the buyer to self-certify their status. If a buyer presents documentation indicating foreign national status — a foreign passport, a visa document — the dealer should inquire about their eligibility under the Form 4473 questions.
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