Asked in Immigration Law for Iowa

Q: can a girl have a gun for safety without having citizenship or is there any legal way we can carry a weapon for safety

i want to know if iam really scared but alone can i carry a gun in us or any type of weapon just for safety in case anything happens and i would like to know all details if there is a legal way we can keep weapons or like if there some agreement we have to sign with the goverment for having a weapon i want up to date information

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: In the United States, gun ownership and carrying for self-defense or any other purpose are heavily regulated and differ based on federal and state laws, as well as the individual's status in the country. Generally, the right to own a firearm is not extended to non-citizens, especially those on temporary visas. However, there are certain exceptions and specific conditions under which a non-citizen may legally own or carry a weapon.

For non-citizens, particularly those not holding permanent resident status (green card holders), obtaining a firearm legally involves navigating a complex set of requirements. Non-citizens with non-immigrant visas are generally prohibited from purchasing firearms. This group includes individuals in the U.S. on tourist or student visas. Yet, there are pathways for certain non-immigrant visa holders, such as those with a valid hunting license or who are in the country for specific approved activities, to possess firearms. These individuals must also meet state residency requirements and are subject to background checks by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

It's crucial for non-citizens to carefully understand and comply with both federal and state laws regarding firearm possession. This includes knowing the eligibility criteria for owning a gun, such as having a non-immigrant visa and meeting state residency requirements, and understanding the legal process for purchasing a firearm, which involves background checks and, in some cases, presenting proof of residence. Additionally, it's important to be aware of the specific restrictions that may apply to carrying weapons, including concealed carry, which varies widely by state.

Given the complexities and potential legal ramifications, it's advisable to consult legal professionals or state authorities before attempting to purchase or carry a firearm as a non-citizen in the U.S. This ensures compliance with all relevant laws and regulations, safeguarding against unintentional violations that could have serious consequences.

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.