Taking a Foreign National to the Range?

[zeroflux]

I have heard different people mention ITAR in the past. Does it only apply to formal instruction by for profit organizations? I foreign national visiting from overseas that I would like to take to the range (he has no firearms experience) and want to ensure that there are no issues with me giving him enough instruction for him to handle my firearms safely and obviously to hit the target (wouldn't be a fun experience if he didn't). Should I have any concerns as a private citizen doing this?

[RoyGBiv]

I believe it is unlawful for a foreign national to possess (any physical contact) any firearm or ammunition unless that person has a valid hunting license.
Yes... it sounds strange... but.. that is my understanding of Federal law.

Good discussion here: http://www.thehighroad.org/archive/i.../t-377950.html
"awkx" makes a good point about how Heller might impact the law...

Find the cheapest hunting license locally..... go shoot.

This is my OPINION. IANAL. This is not legal advice.

[JHC]

I don't see any provision for holders of a Green Card yet I could swear I've understood that individuals with that permanent status could actually PURCHASE firearms.
So interesting.
Thanks for opening the thread.

[Le Français]

JHC: Green card holder = permanent resident. This law affects non-resident aliens.

[JHC]

JHC: Green card holder = permanent resident. This law affects non-resident aliens.

Thanks much.

[RoyGBiv]

I believe it is unlawful for a foreign national to possess (any physical contact) any firearm or ammunition unless that person has a valid hunting license.
Yes... it sounds strange... but.. that is my understanding of Federal law.

Good discussion here: http://www.thehighroad.org/archive/i.../t-377950.html
"awkx" makes a good point about how Heller might impact the law...

Find the cheapest hunting license locally..... go shoot.

This is my OPINION. IANAL. This is not legal advice.

Sorry... I should have said.... "non-immigrant foreign national"

[ASH556]

Nevermind, read the link and it comes down to the definition of "possess.''

[Peally]

Permanent non-residents can purchase firearms, helped a buddy from Russia a few months back purchase a Glock over the counter.

I would be surprised if there's (enforced) laws against it. Too many tourists from out of country going to Vegas and enjoying those machine gun shoots for it to make sense.

[Snapshot]

It also depends on the visa status of the non-immigrant alien, see below from the ATF:

Q5. I’m a nonimmigrant alien lawfully present in the United States without a visa. May I purchase or possess a firearm in the United States?
A5. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), may acquire or possess a firearm in the United States, provided that he or she is not prohibited from shipping, transporting, receiving, or possessing firearms or ammunition in the U.S.

Also from ATF (paragraph 2):

Recently, the Office of Legal Counsel, U.S. Department of Justice, (OLC) has informed ATF that its interpretation of the scope of persons prohibited by section 922(g)(5)(B) is overly broad. That is, OLC determined that the prohibition contained in section 922(g)(5)(B) does not extend to all nonimmigrant aliens present in the United States, but only extends to aliens who were admitted to the United States under a nonimmigrant visa. Some nonimmigrant aliens, including most Canadian visitors, as well as aliens admitted under the Visa Waiver program, are allowed to be present in the United States without a nonimmigrant visa. Those aliens, and others who are lawfully in the country without a visa, are not within the scope of the GCA prohibition. This interpretation of the scope of persons prohibited by section 922(g)(5)(B) extends to the scope of transfers of firearms by sellers (including Federal firearms licensees) under 922(d)(5)(B).

I pay attention to this stuff because I enter the U.S. from Canada in connection with USPSA and other shooting events, but IANAL, this is not legal advice.

[zeroflux]

Permanent non-residents can purchase firearms, helped a buddy from Russia a few months back purchase a Glock over the counter.

I would be surprised if there's (enforced) laws against it. Too many tourists from out of country going to Vegas and enjoying those machine gun shoots for it to make sense.

One of the explanations for the Vegas tourist example is that those ranges are FFL(s) and the restrictions on FFL(s) is not as explicit and it does not specify anything about non-resident foreign nationals?

I do think it boils down to "possess". If I possess the ammo and the firearms and I am supervising him at a Range where he is only getting to shoot for short periods, does he from a legal standpoint really possess ammunition or firearms?