Gun Sale Restriction for Legal Non-Residents Lessened by Department

Gun Sale Restriction for Legal Non-Residents Lessened by Department

1/9/2012

 

Restrictions on gun purchases for legal aliens have been eased by the Department of Justice. This was revealed in an open letter posted on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The letter, which was written by Chad J. Yoder, Chief of the Firearms and Explosives Industry Division of the ATF, reveals the department recently decided that applying a stricter State residency requirement for non-residents who are legally in the United States runs contrary to the language of the Gun Control Act.

According to the letter, licensed merchants are prohibited by the Gun Control Act to sell firearms to any unlicensed individuals who they know, or have basis to believe, does not reside in the state where the seller is located.

In the same letter, portions of which were addressed to federal firearm licensees, Yoder stated that according to the current law, licensed merchants must first have proper documentation showing proof that the legal alien has lived in the state continuously for at least ninety days before they can sell any firearms.

With the recent decision made by the department, the letter states that regulations would have to be revised by the ATF and the agency would have to remove the ninety-day residency requirement for legal aliens.

Once the changes are implemented, American citizens and legal aliens will need the same proof of residency requirements.

However, Yoder also said that until the amendments have been made by the ATF, the current rules stipulated under the law remains in effect.

WRITTEN BY:

blakeh@wellsdrew.com