[iroc409]

ok, maybe some more clarification that might help from the atf's firearm faq:

(B5) Are there certain persons who cannot legally receive or possess firearms? [Back]

Yes, a person who –

(1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United states or an alien admitted to the United states under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United states, has renounced his or her 8citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm. A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm. Such person may continue to lawfully possess firearms obtained prior to the indictment or information. [18 U. S. C. 922( g) and (n), 27 CFR 178.32( a) and (b)]

and...

(A15) Q. May foreign visitors and other aliens legally in the United States purchase or possess firearms and ammunition while in the United States? [Back]


A. Nonimmigrant aliens generally are prohibited from possessing or receiving (purchasing) firearms and ammunition in the United States.

There are exceptions to this general prohibition. The exceptions are as follows:

1.

nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a State in the United States;
2.

nonimmigrant aliens entering the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization devoted to the competitive use or other sporting use of firearms;
3.

certain diplomats;
4.

officials of foreign governments or distinguished foreign visitors so designated by the U.S. State Department;
5.

foreign law enforcement officers of friendly foreign governments entering the United States on official law enforcement business; and
6. persons who have received a waiver from the prohibition from the U.S. Attorney General.

Significantly, even if a nonimmigrant alien falls within one of these exceptions, the nonimmigrant alien CANNOT purchase a firearm from a Federal firearms licensee (FFL) unless he or she (1) has an alien number or admission number from the Immigration and Naturalization Service AND (2) can provide the FFL with documentation showing that he or she has resided in a State within the United States for 90 days prior to the firearms transaction.

(A16) Q. Typically, who are "nonimmigrant aliens?" [Back]

In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad, and certain foreign workers. Permanent resident aliens are NOT nonimmigrant aliens. (Permanent resident aliens often are referred to as people with "Green Cards").

(A17) Q. How do I obtain a waiver from the Attorney General? [Back]

You must contact the Department of Justice for information on that procedure. However, in order to even apply for the waiver you must have resided in the United States continuously for at least 180 days prior to submitting your application.

(A18) Q. I have a "green card" and have lived in Texas for several years. Am I prohibited from purchasing firearms and ammunition in Texas? [Back]

As long as you are not otherwise prohibited from purchasing or possessing firearms and ammunition (for example, a felon), Federal law does not prohibit you from purchasing or possessing firearms or ammunition. However, you will need to put your INS-issued alien number or admission number on the Form 4473. Moreover, you must make sure there are no State or local restrictions on such a purchase.

(A19) Q. I am a nonimmigrant alien. I purchased a firearm in this country in early 1998 after providing the Federal firearms dealer proof that I was in the United States legally and had resided in the State for more than 90 days. I was told that this transaction was legal then. Am I entitled to keep that firearm and any ammunition I have on hand? Is there a "grandfather" clause in the new regulations that would protect me from criminal liability?

Since October 21, 1998, when the Gun Control Act was amended to make nonimmigrant aliens a new category of prohibited persons, nonimmigrant aliens generally have not been able to possess firearms and ammunition in the United States. Our regulations simply implement this statutory prohibition. The law does not allow us to create a "grandfather clause" in our regulations. Therefore, unless you obtain a valid State hunting license or permit (or fall within one of the other exceptions), your possession of the firearm and ammunition is NOT legal.

hope that helps, call them if you have doubts.