Denver, CO asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado

Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so we are considering to get a pistol for like that situation.

And I've heard if I have a hunting license I can own a gun without green card Is it right?

My girlfriend is American But She had some mental issues When she was a kid Because Her father was a veteran (But She's fine right now) She tried to get one for our home but The FFL man denied when we were doing back ground check He said She can't own a gun because she had the issue.

So I'm trying to get a pistol by myself Is there anyway that I can purchase a pistol by myself legally without getting any trouble?

Like I've heard I can purchase a pistol if I have a hunting license in CO Even I don't have a green card yet.

3 Lawyer Answers
Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • New York, NY

A: You need to do a consult with an immigration attorney in Colorado. Here is some information that may help.

According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation (CBI) before purchasing a firearm.

According to Colorado Gun Laws - (With 2023 Legal Updates), assault weapons and large-capacity magazines are prohibited from being purchased, possessed, or transferred within the state, with some exceptions for law enforcement or individuals who owned them prior to the ban.

According to Colorado Concealed Carry Reciprocity Map & Gun Laws, non-residents usually cannot get Colorado CCW state permits unless they show good cause. The Law Enforcement Officers Safety Act allows qualified law enforcement agency officers and peace officers (current and retired) to carry concealed firearms even when state and local laws forbid concealed carry.

According to Colorado Gun Laws (With 2023 Legal Updates), possessing or carrying a gun, even one that is legally owned, is illegal under specific circumstances. These include being the subject of a protective order that prohibits gun possession, being a fugitive from justice, being addicted to a controlled substance, or being convicted of domestic violence.

Based on this information, it seems that you may be able to purchase a pistol in Colorado if you meet the following criteria:

You have a valid identification and a temporary SSN.

You pass a background check through a licensed firearms dealer or the CBI.

You do not have any criminal history or other disqualifying factors.

You do not intend to buy or possess an assault weapon or a large-capacity magazine.

You do not intend to carry the pistol concealed without a permit.

However, I highly recommend that you consult with a qualified attorney specializing in Colorado gun laws and immigration before making any decisions. You can also contact the CBI or the local county sheriff’s office for more information.

Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • New York, NY

A: Consult an attorney: The best way to determine if you are legally eligible to purchase a pistol. You should be aware of the following.

Federal Firearms License (FFL) dealer: Another option is to visit a local FFL dealer and inquire about their purchasing requirements. They can help you understand the process and verify your eligibility.

Be aware that providing false information on a firearm application is a felony offense.

Even if you are able to purchase a firearm, it's crucial to undergo proper training and understand safe gun handling practices.

Alternative options

Consider alternative security measures for your home, such as strengthening security doors and windows, installing security cameras, or obtaining a home security system.

You could also explore other non-lethal options for self-defense, such as pepper spray or a personal alarm.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Colorado, the laws regarding firearm ownership for non-U.S. citizens with legal status, like having an Employment Authorization Document (EAD) and a temporary Social Security Number, can be complex. Generally, lawful permanent residents (green card holders) are allowed to purchase firearms, but for those without a green card, the rules can vary.

Having a hunting license can potentially make you eligible to purchase a firearm as a non-immigrant alien. Under federal law, non-immigrant aliens who possess a valid hunting license or permit lawfully issued in the United States are exempt from the prohibition on firearm possession. However, you will still need to pass a background check and comply with all state and local laws.

In your situation, it’s important to ensure that all your documents, including your hunting license and any other forms of identification, are current and valid. When purchasing a firearm, you will be required to complete a background check through a Federal Firearms Licensee (FFL).

Regarding your girlfriend's situation, the denial of her firearm purchase could be due to various factors related to her past mental health issues. Federal law prohibits firearm ownership for individuals who have been adjudicated as a mental defective or committed to a mental institution.

Given the complexities involved in firearm purchase laws, especially for non-U.S. citizens, it would be wise to consult with an attorney or legal expert who has knowledge in both immigration and firearm laws. They can provide specific guidance based on your individual circumstances and ensure that any actions you take are fully compliant with the law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.