Quick Answer
Green card holders can legally purchase and possess firearms in the United States, but with some restrictions. The main requirements are that the green card holder must have lived in a U.S. state or territory for at least 90 consecutive days and must not fall into a prohibited category like felons, mentally ill, or domestic abusers. However, the laws vary by state and it’s important for green card holders to check the specific laws before attempting to buy or use guns.
Can Green Card Holders Buy Guns?
Yes, green card holders can legally purchase firearms in most cases. The federal Gun Control Act states that resident aliens are permitted to purchase guns unless they fall into a prohibited category. Some key points on green card holders and gun purchases:
- Green card holders can buy guns from licensed firearms dealers after passing the required federal background check.
- They do not need a hunting license or permit to purchase a gun like U.S. citizens may need in some states.
- However, the green card holder must have resided in that state for a minimum of 90 consecutive days before they are eligible.
- Green card holders cannot purchase handguns from out of state. The purchase must comply with the laws of the state where they reside.
So in summary, green card holders can legally buy guns but must be a resident of the state for at least 90 days first. The 90 day residency requirement is an important federal rule for green card holders seeking to purchase firearms.
Green Card Holder Prohibited Categories
Although green card holders are generally allowed to purchase firearms, they still must not fall into a prohibited category under federal law:
- Felons – those convicted of a felony crime cannot purchase guns.
- Fugitives – those with outstanding warrants.
- Drug users – including marijuana as it is still federally illegal.
- Those adjudicated mentally ill or committed to a mental institution.
- Illegal aliens or those unlawfully in the U.S.
- Dishonorably discharged veterans.
- Domestic abusers – those convicted of domestic violence or subject to a restraining order.
Green card holders who fall into one of these prohibited categories are not allowed to purchase or possess firearms. The gun dealer will check for this by running the required federal background check.
Can Green Card Holders Possess Guns?
Yes, green card holders can legally possess firearms under federal law and most state laws. Assuming they legally purchased the gun and do not fall into a prohibited category, green card holders can own guns for:
- Self-defense in the home
- Hunting
- Sport shooting at a range
- Collecting as a hobby
They can possess handguns, shotguns, rifles, and other common firearms. However, some states do prohibit or restrict possession of certain weapons like assault rifles even among lawful gun owners.
It is legal to have guns in the home for self-defense with the proper permits and background checks. And green card holders are allowed to go hunting or visit gun ranges assuming they comply with any licensing or registration requirements in that state.
Overall the possession rules are similar to U.S. citizens in most cases. But green card holders should still verify the specific gun laws in their state of residence.
Concealed Carry Permits for Green Card Holders
Green card holders may be able to get a concealed carry permit in some states allowing them to carry a concealed handgun in public places:
- About 30 states allow lawful permanent residents to obtain a concealed carry permit.
- Some states like Texas, Florida and Pennsylvania allow green card holders to apply just like citizens.
- But other states restrict concealed carry to only U.S. citizens.
- Green card applicants still must pass a firearms safety course and background check.
- The permit allows concealed carry for self-defense in public according to state laws.
So green card holders can potentially get a concealed handgun permit depending on the state laws. This allows carrying a hidden handgun in a vehicle or on one’s person outside the home for self-defense.
But again, concealed carry rules and eligibility vary widely across different states. The local requirements should be reviewed closely.
Differences Between State Gun Laws
While federal laws allow green card holders to buy and possess guns under most conditions, state and local laws can be very different:
- Assault Weapon Bans – States like California, New York, New Jersey prohibit or restrict assault rifles and high capacity magazines even among lawful owners.
- Waiting Periods – Some states require a 5-10 day waiting period before taking possession of a firearm, even if you pass the background check.
- Purchase Permits – North Carolina, Iowa and other states require an additional purchase permit issued by the local sheriff before buying a pistol.
- Firearm Registration – Hawaii, District of Columbia, and Chicago require registration of firearms with local law enforcement.
Green card holders must comply with all applicable state laws in addition to federal laws when purchasing or possessing firearms. Consulting a firearm lawyer in your state is recommended if there are any doubts or concerns.
Purchasing Process for Green Card Holders
Here is an overview of what to expect when purchasing a firearm as a green card holder:
- Find a licensed gun dealer and select the firearm you wish to buy.
- Present your green card and a valid government-issued photo ID.
- The dealer will run an instant federal background check through NICS.
- If approved, pay for the firearm and complete any state registration or waiting periods.
- Gun dealer provides instructions for safe handling and storage.
The background check will verify the purchaser’s identity and confirm they are not prohibited from owning a firearm. As long as you pass the background check and comply with state laws, the purchase can be completed the same day in most cases.
Private sales may also be allowed in some states if the seller verifies the buyer has a valid green card. However private sales rules vary widely and may require different steps like transfer through a licensed dealer.
Traveling With Firearms as a Green Card Holder
Green card holders are allowed to transport their firearms but must follow all applicable travel rules:
- The gun must be unloaded and in a locked, secure container in checked baggage only.
- You cannot carry a firearm onto a plane in carry-on luggage.
- Magazines and ammunition must be securely boxed.
- Notify the airline you will be transporting a firearm when checking your bag.
- Know the specific airline and destination airport rules before transporting a gun.
Lawful gun owners can travel on domestic U.S. flights with their firearms properly packed and declared. But different rules apply for international flights so always check regulations before traveling abroad with a firearm.
Having the proper locked container, ammunition storage, and adhering to all TSA regulations is critical. A green card does not give someone any exceptions to the rules for transporting firearms.
Can Green Card Holder Use Gun for Self-Defense?
Green card holders can legally use a firearm for self-defense and home protection if they are in lawful possession of the weapon. Specific situations where use would likely be considered justified:
- An intruder breaks into the home posing a threat of injury or death.
- Being attacked or robbed outside the home and fearing grave injury.
- Witnessing a violent felony or rape taking place.
- Protecting another person from assault or rape using reasonable force.
However, the green card holder must have purchased the gun legally and complied with all registration and permitting laws. Brandishing or reckless use of a firearm would still be prosecuted as crimes.
Self-defense laws vary somewhat by state so green card holders should learn their individual state statutes. But generally legally owned guns can be used defensively against criminal threats when there are no other options. Proper firearm training is highly recommended for those buying guns specifically for self-defense.
Can a Green Card Be Revoked for Firearm Possession?
Simply legally possessing a firearm will not cause a lawful permanent resident to have their green card revoked. Immigration officials cannot take away someone’s green card status solely for owning a gun in compliance with state and federal laws.
However, there are some firearm-related scenarios that could potentially put a green card at risk:
- Felony conviction for an offense involving a firearm.
- Misdemeanor domestic violence conviction.
- Conviction for possessing an illegal assault weapon or violating firearm laws.
- Falsely claiming U.S. citizenship to acquire a firearm.
- Lying on firearm application forms when purchasing from a dealer.
Committing a serious criminal offense with a firearm or lying about citizenship to obtain a gun could both be grounds for removal in some cases after due process. But simply legally owning common firearms does not make someone deportable.
As long as the individual fully complies with gun laws and is responsible they typically do not risk their immigration status. But any criminal issues or misrepresentations regarding firearms should be taken very seriously.
Losing Lawful Permanent Resident Status
While legal gun ownership itself won’t make someone deportable, green card holders can still lose their status if:
- They are convicted of an aggravated felony or crime with 1+ year jail sentence.
- They abandon their permanent U.S. residence.
- They remain outside the U.S. for 6 months to 1 year depending on circumstances.
- They fail to file required tax returns as U.S. residents.
- They lie on immigration forms or misrepresent material facts to gain status.
Green card holders must uphold certain responsibilities to maintain their status such as filing U.S. tax returns as a resident alien and spending adequate time physically within the United States each year.
Firearm possession does not generally relate to these factors that could cause someone to lose their green card. But any criminal convictions or misrepresentations should be avoided as they carry potentially severe consequences.
Obtaining U.S. Citizenship
Green card holders who legally own firearms do not face any special restrictions in becoming naturalized U.S. citizens. Lawful gun possession or use does not disqualify someone from applying for citizenship provided:
- They have held their green card for at least 5 years (3 years if married to a U.S. citizen).
- They meet all the residency, language, and character requirements.
- They pass the citizenship exam and complete the full process.
U.S. Citizenship and Immigration Services does not consider legally owned firearms as a factor in naturalization approval. The main considerations are duration of permanent residency, physical presence in the U.S., good moral character, and passing the civics test.
Green card holders who use firearms responsibly maintain their eligibility to eventually become American citizens just like anyone else who complies with the laws. Legal gun ownership alone should never impede a green card holder from naturalizing provided they meet all other requirements.
Conclusion
Green card holders can legally acquire and possess firearms under U.S. federal law and often state laws as well. They go through standard background checks and procedures at licensed dealers. Legal gun ownership does not endanger their immigration status or put naturalization at risk. But certain firearm offenses or misrepresentations could become grounds for removal in some cases. It is critical green card holders verify their state and local laws carefully and comply fully with all regulations regarding registration, carrying, types of weapons permitted, and safe handling and storage. Responsible firearm ownership and adherence to the law allows green card holders to maintain their permanent resident status and eligibility to become U.S. citizens.