TW 025 - Foreign Persons

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

 

Federal Code 18 U.S. Code § 922.Unlawful acts

(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.

 

27 CFR § 478.11 - Meaning of terms.

 27 CFR § 478.32 - Prohibited shipment, transportation, possession, or receipt of firearms and ammunition by certain persons.

 

 

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