Ryan delves into how we can deal with foreign persons and firearm possession, as well as foreign persons and information.
- It shall be unlawful for any person who is a non-immigrant alien to possess any firearms or ammunition.
- General rule = possession not allowed for foreign persons here on non-immigrant visas (not American citizens & here on a visa that has nothing to do with immigrating here. i.e. Tourists or business travelers)
- Exceptions = We’ll discuss several including the visa waiver program and the biggest loophole, the hunting license.
- Technical data given to foreign persons (i.e. Training or coaching) = export license required.
o We’ll discuss here plus additional details on Trigger Words – Episode 9 – ITAR/State Department
(G)(5)(B) It shall be unlawful for any person – Who, being an alien -
(g)It shall be unlawful for any person—
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(Y)(2) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas - Exceptions
(2) Exceptions.—Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is—
(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;
(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.