Firearms Eligibility for Foreign Nationals in the United States

"The recent terrorist attacks in Paris, France and San Bernardino, California, have prompted increased attention upon the categories of persons barred from acquiring firearms. The Gun Control Act of 1968 (GCA), as amended, generally prohibits certain categories of persons from acquiring firearms or ammunition, including some categories of foreign nationals (i.e., aliens). The GCA provides that aliens in the United States unlawfully are generally barred from purchasing a firearm, as are most aliens admitted into the United States pursuant to temporary, “nonimmigrant” visas (subject to limited exceptions). Aliens who violate these prohibitions, along with persons who sell or transfer firearms to them, may face criminal penalties.

Foreign nationals who do not fall under these two restrictions—including lawful permanent residents (commonly referred to as immigrants), refugees, and other lawfully present aliens who did not enter the United States pursuant to a visa, such as many foreign travelers visiting the United States under the terms of the Visa Waiver Program—are not prohibited from acquiring a firearm solely on account of their immigration status. Nonetheless, other provisions in the GCA, such as residency requirements that must be satisfied for a firearms sale to be lawful, may impede some foreign nationals from acquiring firearms...
Firearms