View Full Version : Alien with H1-B visa: how to legally buy/own a handgun in Colorado?
A few years ago I decided to leave my totalitarian home country, and came to the land of the free. One wild American dream I had was to own a handgun, which I guess sounds way too far from "wild" to you guys. Well, in a country where a birth permit is required to legally give birth to one's own child, it is very wild ;)
Recently I started doing researches, it seems that all I'd need is a hunting license in order to legally buy a handgun here, but I am having a hard time finding the authoritative answer. A few weeks ago, I went to the new Cabela's store in Thornton, in the hope that they would know the answer or would be willing to help me find out, but it turned out that they had no idea and were not willing to help at all.
So my dear inmates, has anyone gone through this process or known someone who has or known some gun shop who knows how? Where can I find authoritative answers? In addition, is there any training courses for a complete newbie? I see quite some CCW training here, but that's not what I need.
UrbanWolf
02-08-2014, 11:14
DO you have a Green Card and a SSN Card?
DO you have a Green Card and a SSN Card?
No Green Card but I do have a SSN, like I said in the title, I'm an alien with H1-B visa. I've started the Green Card application, but it's a loooong wait ahead, about 4 years still.
UrbanWolf
02-08-2014, 11:18
No Green Card but I do have a SSN, like I said in the title, I'm an alien with H1-B visa. I've started the Green Card application, but it's a loooong wait ahead, about 4 years still.
Then legally you can't.
ChunkyMonkey
02-08-2014, 11:18
DO you have a Green Card and a SSN Card?
You dont need neither..
Simply fill out 4473 the best you could. Bring your passport/ID along with 2 months of xcel bill or any other home bill to prove your residency. You are good to go. My first gun was bought this way.
ChunkyMonkey
02-08-2014, 11:20
No Green Card but I do have a SSN, like I said in the title, I'm an alien with H1-B visa. I've started the Green Card application, but it's a loooong wait ahead, about 4 years still.
You may have to show your hunting license or game tag if asked for purpose. But otherwise, you can purchase one.
UrbanWolf
02-08-2014, 11:21
You dont need neither..
Simply fill out 4473 the best you could. Bring your passport/ID along with 2 months of xcel bill or any other home bill to prove your residency. You are good to go. My first gun was bought this way.
Was that recent? Like post 9/11 recent?
ChunkyMonkey
02-08-2014, 11:23
Was that recent? Like post 9/11 recent?
Yes, and in any case, the law hasn't changed since 9/11.
EDIT, In addition it is upto FFL to sell or not sell to non citizen. In the past, before being sworn in, I got turned down once by a pawn shop after I checked the immigrant status on 4473. After a quick talk with the owner, he let me proceed.
UrbanWolf
02-08-2014, 11:27
Yes, and in any case, the law hasn't changed since 9/11.
I'll take your word for it. Even when i was a green card holder it still depend on the store to decide if they will sell to me or not.
ChunkyMonkey
02-08-2014, 11:28
I'll take your word for it. Even when i was a green card holder it still depend on the store to decide if they will sell to me or not.
You just looked suspicious as Jim said. [ROFL2]
You dont need neither..
Simply fill out 4473 the best you could. Bring your passport/ID along with 2 months of xcel bill or any other home bill to prove your residency. You are good to go. My first gun was bought this way.
Surprise! But was that strictly legal? At the Cabela's store, after I told them I had no green card, they said NO YOU CAN'T BUY ONE. Then I told them about the hunting license exception I heard, and they look confused and suggested me to talk with the United States Citizenship and Immigration Services (USCIS) , which I took as euphemism for "We don't know and we don't want to help".
Yes, just fill out the 4473 honestly and accurately. There is a whole section for non-citizen immigrants.
In general, you need to have lived in Colorado for 90 days consecutively preceding your purchase. You must have a current legal immigration status (H1B current). I have heard that sometimes a valid I-94 is required, I'm sure you have one so bring the original and a copy along with you. Hunting license is probably not necessary, but if you can easily get one (and they are easy, just a couple days time invested, and like $20 to get the Hunters Safety+$25 for the license), might not be bad insurance.
I can speak for what Spleify and I teach at MHDFT.... A good portion of the CCW class is handgun safety and marksmanship, as that is what is required by Colorado law for a permit. The final portion of our class covers laws, tactics and situational awareness for CCW. If you want a good class, I think you would really enjoy ours. If you didn't want to sit through the CCW specific parts, you could leave before that final portion, get lunch, maybe do some shopping, and then come to the shooting range for the live fire portion. Or you could stay for the whole class, there is some interesting info in that final portion.
ChunkyMonkey
02-08-2014, 11:29
Surprise! But was that strictly legal? At the Cabela's store, after I told them I had no green card, they said NO YOU CAN'T BUY ONE. Then I told them about the hunting license exception I heard, and they look confused and suggested me to talk with the United States Citizenship and Immigration Services (USCIS) , which I took as euphemism for "We don't know and we don't want to help".
http://www.hooyou.com/news/news070408gun.html
UrbanWolf
02-08-2014, 11:30
You just looked suspicious as Jim said. [ROFL2]
That bastard... like he looks any better.
Where has he been?
ChunkyMonkey
02-08-2014, 11:30
Yes, just fill out the 4473 honestly and accurately. There is a whole section for non-citizen immigrants.
In general, you need to have lived in Colorado for 90 days consecutively preceding your purchase. You must have a current legal immigration status (H1B current). I have heard that sometimes a valid I-94 is required, I'm sure you have one so bring the original and a copy along with you. Hunting license is probably not necessary, but if you can easily get one (and they are easy, just a couple days time invested, and like $20 to get the Hunters Safety+$25 for the license), might not be bad insurance.
I can speak for what Spleify and I teach at MHDFT.... A good portion of the CCW class is handgun safety and marksmanship, as that is what is required by Colorado law for a permit. The final portion of our class covers laws, tactics and situational awareness for CCW. If you want a good class, I think you would really enjoy ours. If you didn't want to sit through the CCW specific parts, you could leave before that final portion, get lunch, maybe do some shopping, and then come to the shooting range for the live fire portion. Or you could stay for the whole class, there is some interesting info in that final portion.
That reminds me.. they did ask for see proof of A number which is on the I94. Good info!
UrbanWolf
02-08-2014, 11:33
Yes, just fill out the 4473 honestly and accurately. There is a whole section for non-citizen immigrants.
In general, you need to have lived in Colorado for 90 days consecutively preceding your purchase. You must have a current legal immigration status (H1B current). I have heard that sometimes a valid I-94 is required, I'm sure you have one so bring the original and a copy along with you. Hunting license is probably not necessary, but if you can easily get one (and they are easy, just a couple days time invested, and like $20 to get the Hunters Safety+$25 for the license), might not be bad insurance.
I can speak for what Spleify and I teach at MHDFT.... A good portion of the CCW class is handgun safety and marksmanship, as that is what is required by Colorado law for a permit. The final portion of our class covers laws, tactics and situational awareness for CCW. If you want a good class, I think you would really enjoy ours. If you didn't want to sit through the CCW specific parts, you could leave before that final portion, get lunch, maybe do some shopping, and then come to the shooting range for the live fire portion. Or you could stay for the whole class, there is some interesting info in that final portion.
To prove you lived in CO for 90+ days you either have to bring copies of 3 months of bills or current car registration over 3 months before day of firearm purchase.
Anyways, here is a copy of current 4473. It did ask for your Alien Registration number, so I always thought it was the minimum requirement of non-citizens.
http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
UrbanWolf
02-08-2014, 11:34
Surprise! But was that strictly legal? At the Cabela's store, after I told them I had no green card, they said NO YOU CAN'T BUY ONE. Then I told them about the hunting license exception I heard, and they look confused and suggested me to talk with the United States Citizenship and Immigration Services (USCIS) , which I took as euphemism for "We don't know and we don't want to help".
That might be their store's policy on non-citizens.
That might be their store's policy on non-citizens.
I see. Is there a good shop you'd recommend?
Stay away from the big box stores. They sell a hundred or two guns on a good day. There is little incentive for them to take the extra time to help with your more complicated purchase rather than make 2 easy sales to citizens.
He has a new shop, but check out the Industry Partner "Ark Tactical". I'm not sure if he has the proper info to sell to a non-citizen immigrant, but he will be honest and up front with you either way.
I see you are from Boulder... Gun Sport on Canyon and 14th (I think, maybe 15th) is a solid shop. Can come off a bit 'fuddy' some times, but decent guys all around. You could check there too.
Point being, I think a private shop will be willing to do the extra work that your purchase will require.
UrbanWolf
02-08-2014, 11:46
I see. Is there a good shop you'd recommend?
I will have to ask the stores, there are a couple hardcore pro-2A shops here in Fort Collins.
Private message me, I can show you around and ask around sometimes if our schedule permits.
Also this guy went through the legal process to buy a gun as H1-B. http://thefiringline.com/forums/showthread.php?t=53967
I can speak for what Spleify and I teach at MHDFT.... A good portion of the CCW class is handgun safety and marksmanship, as that is what is required by Colorado law for a permit. The final portion of our class covers laws, tactics and situational awareness for CCW. If you want a good class, I think you would really enjoy ours. If you didn't want to sit through the CCW specific parts, you could leave before that final portion, get lunch, maybe do some shopping, and then come to the shooting range for the live fire portion. Or you could stay for the whole class, there is some interesting info in that final portion.
+1 we will be sure to take you through our very comprehensive class and assure your more comfortable with your firearm when you leave than when you arrived!
You have very good English for being an immigrant, may I ask where you originally reside from?
Good luck with your endeavor and let us know if we can help you out any further.
Guys, thanks a lot for all the feedback. Now it looks like all I need is patience. I'll get a hunting license, just in case; go to a CCW course to learn, which I believe will help me understand better what kind of handgun I'd want; at last, I'll go to private shops to buy one. When all that is done, I'll report back in case someone else may find it useful in the future.
ChunkyMonkey
02-08-2014, 13:00
+1 we will be sure to take you through our very comprehensive class and assure your more comfortable with your firearm when you leave than when you arrived!
You have very good English for being an immigrant, may I ask where you originally reside from?
Good luck with your endeavor and let us know if we can help you out any further.
From his avatar, I'd assume China. But i am curious myself.
SideShow Bob
02-08-2014, 13:12
From his avatar, I'd assume China. But i am curious myself.
Having to have a permit to have children is a sure give away that China is a good guess.
And his mastery of the written English language puts plenty of members here to shame. And I am not talking only about the English as a second language members !
To the OP, Welcome to Our site and welcome to Merica.........
That bastard... like he looks any better.
Where has he been?
The Great-Kazoo brought him back to the mother ship.
UrbanWolf
02-08-2014, 14:13
The Great-Kazoo brought him back to the mother ship.
I was off coar for over 10 days for vacation, I must have missed what happened.
ChunkyMonkey
02-08-2014, 14:14
I was off coar for over 10 days for vacation, I must have missed what happened.
Jim got banned.
wctriumph
02-08-2014, 14:20
Jim got banned.
The Great-Kazoo brought him back to the mother ship.
NNOooooooooo!!! I wasn't finished with him yet! Beam him back
You have very good English for being an immigrant, may I ask where you originally reside from?
China, as others have guessed. About eight years ago I was pissed off by the bureaucratic complexities to get a motorcycle endorsement, and decided to show my defiance by riding without one. Then I got pulled over and it ended up very unpleasantly. [shithitsfan]
That's how I decided to get out of my home country, and I'm very happy I did!
UrbanWolf
02-08-2014, 14:39
China, as others have guessed. About eight years ago I was pissed off by the bureaucratic complexities to get a motorcycle endorsement, and decided to show my defiance by riding without one. Then I got pulled over and it ended up very unpleasantly. [shithitsfan]
That's how I decided to get out of my home country, and I'm very happy I did!
I think they stopped allowing motorcycle license quite a while ago.
NNOooooooooo!!! I wasn't finished with him yet! Beam him back
So sorry.
I heard he was not up to date on his flipper rub quota, let that be a lesson to all of you.
China, as others have guessed. About eight years ago I was pissed off by the bureaucratic complexities to get a motorcycle endorsement, and decided to show my defiance by riding without one. Then I got pulled over and it ended up very unpleasantly. [shithitsfan]
That's how I decided to get out of my home country, and I'm very happy I did!
Glad you made it out of there and welcome to the site.
UrbanWolf
02-08-2014, 14:44
Jim got banned.
Wait, perm or temp?
UrbanWolf
02-08-2014, 14:45
The Great-Kazoo brought him back to the mother ship.
NNOooooooooo!!! I wasn't finished with him yet! Beam him back
I'm sure he can still see our posts.
**I googled Jim, and this came up, kinda looks like him.
http://cdn.idigitaltimes.com/data/images/full/2013/03/06/6125.jpg
Wait, perm or temp?
Permanently. [gohome]
UrbanWolf
02-08-2014, 14:48
Permanently. [gohome]
Damn. Shit must have hit the fan when i was gone...
I did not know either.
Permanently. [gohome]
Wait, perm or temp?
Jim got banned.
ChunkyMonkey
02-08-2014, 16:54
I did not know either.
Ask the mod if they can unlock the video clip of him reading his poem
SideShow Bob
02-08-2014, 17:02
Let's get this thread back on topic and show the OP some respect.
All comments on Jim getting banned can go here....
https://www.ar-15.co/threads/125691-Jim-got-banned
10mm-man
02-08-2014, 17:06
Jim got banned.
Along with his buddy JM
10mm-man
02-08-2014, 17:08
Welcome to the site! Glad you made it out safe, but not sure Comierado is much better, right now.
ChunkyMonkey, please feel free to go to the site below (link) for an update. thanks. :D
Wait, so JM is banned again as well?
It must be post whore thread or word association thread. I rarely check there.
Ask the mod if they can unlock the video clip of him reading his poem
Let's get this thread back on topic and show the OP some respect.
All comments on Jim getting banned can go here....
https://www.ar-15.co/threads/125691-Jim-got-banned
Along with his buddy JM
ChunkyMonkey
02-08-2014, 19:08
Great, what could've been few lines of jokes, now its its own thread again for the third time.
Invited op to members shooting outing. Looking forward to meet him/her.
Sent from my iPhone using Tapatalk
10mm-man
02-08-2014, 19:15
Invited op to members shooting outing. Looking forward to meet him/her.
Sent from my iPhone using Tapatalk
Your racist!! It's because I am not Chinese, nor an immigrant I don't get invited to these fun things, isn't it??
^ LOL.
If it makes you feel better. OP isn't an immigrants yet. He didn't receive i-551 (temp immigration visa).
Let's get this thread back on topic and show the OP some respect.
All comments on Jim getting banned can go here....
https://www.ar-15.co/threads/125691-Jim-got-banned
Your right.
Sorry for taking part in the derailment of your thread Argv. Back on topic. Now that we know you can legally purchase a handgun, what one do you want to get?
^ LOL.
If it makes you feel better. OP isn't an immigrants yet. He didn't receive i-551 (temp immigration visa).
You're probably right. Honestly I don't know what I am according to the complex immigration laws, except that I am legal[facepalm]
SideShow Bob
02-08-2014, 22:10
I am legal[facepalm]
Too bad, just think of all the free benefits our .gov would give you if you weren't . [ROFL1]
Now that we know you can legally purchase a handgun, what one do you want to get?
I'm not sure yet. But my past with motorcycles and girlfriends has convinced me that the 1st one I want badly would very likely end up terribly wrong. Now I have my eyes on Beretta 96A1. Does it make me sound like a teenager boy with a crush on Hannah Montana? [mlp]
SideShow Bob
02-08-2014, 22:17
I'm not sure yet. But my past with motorcycles and girlfriends has convinced me that the 1st one I want badly would very likely end up terribly wrong. Now I have my eyes on Beretta 96A1. Does it make me sound like a teenager boy with a crush on Hannah Montana? [mlp]
You can forget about anything that Has a magazine that holds more than 15 rounds. Uless you move out of Commierado.........
I'm not sure yet. But my past with motorcycles and girlfriends has convinced me that the 1st one I want badly would very likely end up terribly wrong. Now I have my eyes on Beretta 96A1. Does it make me sound like a teenager boy with a crush on Hannah Montana? [mlp]
That is a pretty good choice for a first firearm. There are a lot of good guns to choose from, but you cant go wrong with a 96A1. Just reading through this thread there is a lot of interesting information here that I did not know. One thing that I would strongly recommend is that you look into some of the industry partners around here as they will get you set up and up to speed with gun ownership and general precautions. There might be some guys on here with a range membership that would be willing to take you as a guest for a little training and shoot your new gun once you pick it up.
ChunkyMonkey
02-08-2014, 22:23
Too bad, just think of all the free benefits our .gov would give you if you weren't . [ROFL1]
You'd be surprise. When first I got my status, 'Non profit' groups' offers poured in - Free grocery cards ($800/month for 2 years), Free clothes, English lessons, and many many workshops READ: VOTE DEMOCRAT, BECAUSE WE CARE ABOUT YOU. My mom was so mad at these guys.. I remember word by word what she said.. which roughly translate to "Why the hell they treat us like some useless homeless? Don't you dare take a penny from them without earning it"
I was bumped out back then, but that was one of the best lessons.
Big box stores seem to have less trained staff that really are not willing to do anything that they are not specifically trained on and will give you incorrect information as well as a hard time buying (and Cabelas has terrible prices). Most of the smaller shops will be a little more accommodating, but you will still run into some that will tell you no. Shooting when done right is incredibly fun, and I imagine that soon you will be as addicted as many others on this forum. Welcome, and I hope that you can get out there shooting here soon.
You can forget about anything that Has a magazine that holds more than 15 rounds. Uless you move out of Commierado.........
I thought it held 12 rounds for 0.40.
Speaking of magazine size, I remember a local news last year - a guy in Longmont opened fire on a police officer with Bushmaster AR-15 with optics, after being pulled over. The officer returned fire with a GLOCK if I remember correctly and hit him at least three times - luckily the officer wasn't injured at all. My first reaction to the news was wondering many rounds the officer has.
ChunkyMonkey
02-08-2014, 23:23
Your racist!! It's because I am not Chinese, nor an immigrant I don't get invited to these fun things, isn't it??
Arent you part of that FB group too?
10mm-man
02-08-2014, 23:41
Arent you part of that FB group too?
What is FB?
UrbanWolf
02-09-2014, 01:18
Mag ban don't always apply to LEOs, it depend on their department.
I thought it held 12 rounds for 0.40.
Speaking of magazine size, I remember a local news last year - a guy in Longmont opened fire on a police officer with Bushmaster AR-15 with optics, after being pulled over. The officer returned fire with a GLOCK if I remember correctly and hit him at least three times - luckily the officer wasn't injured at all. My first reaction to the news was wondering many rounds the officer has.
OP (argv).
Feel free to post any question you may have here. We will do our best of our knowledge to inform you.
For your original question, I think majority of members got those info for you.
My first firearm was when I was 18, before I applied to n-400 as well.
Bailey Guns
02-09-2014, 07:00
Here's the answer and the process straight from the ATF. The 90-day residency is no longer applicable, however there are residency requirements. Click the link in the answer section below.
Q: May aliens legally in the United States buy firearms?
Please read the Questions and Answers – Revised ATF 4473 (April 2012 Edition) (http://www.atf.gov/files/firearms/faq/non-immgrant-aliens-2.pdf) for the answer to this and other nonimmigrant alien questions.
Welcome to the USA and welcome to the site!
SideShow Bob
02-09-2014, 11:05
I thought it held 12 rounds for 0.40..
My mistake, I looked at the 92A1 in 9mm.
You are correct the .40 S&W holds 11+1.
mousegun87
02-09-2014, 12:22
You're probably right. Honestly I don't know what I am according to the complex immigration laws, except that I am legal[facepalm]
In ATF lingo, your status is "non-immigrant alien" or "non-resident alien". This sets you apart from "permanent resident" a.k.a. "resident alien" a.k.a. "immigrant alien" (those with Green Card). Another group that you are not part of is "illegal alien". Illegal alien cannot possess firearms and/or ammo.
See 18 US Code Section 922.y on firearm possession by "non-resident alien". The one sub-section you want to pay attention to is 922.y.2 ... this sub-section outlines the exceptions that, if satisfied, will make it legal for a "non-resident alien" to be in possession of firearm and ammunition. The "valid hunting permit issued in the united states" is listed as one of these exceptions.
Once you get the hunter safety card, you need to purchase a hunting permit. Hunting permit has expiration date which depends on the game animal the permit is issued for. The small-game permit is usually the one that is valid the longest since it covers a variety of game animals. It is also cheaper than many other hunting permits. It is a good idea to keep a valid permit at all times as long as you own a firearm. This means, you need to buy the small-game permit every year regardless whether you plan to go squirrel or rabbit hunting that year.
In addition to a valid hunting permit, you also need to bring your I-94, the last 3-month worth of bills that have your name on it with CO address. The bills establish your residency for the at least 90 days in the state where you plan to purchase your firearm.
mousegun87
02-09-2014, 12:26
Here's the answer and the process straight from the ATF. The 90-day residency is no longer applicable, however there are residency requirements. Click the link in the answer section below.
Welcome to the USA and welcome to the site!
They removed the 90-day in-state residency requirement? When did they do that?
UrbanWolf
02-09-2014, 12:27
In ATF lingo, your status is "non-immigrant alien" or "non-resident alien". This sets you apart from "permanent resident" a.k.a. "resident alien" a.k.a. "immigrant alien" (those with Green Card). Another group that you are not part of is "illegal alien". Illegal alien cannot possess firearms and/or ammo.
See 18 US Code Section 922.y on firearm possession by "non-resident alien". The one sub-section you want to pay attention to is 922.y.2 ... this sub-section outlines the exceptions that, if satisfied, will make it legal for a "non-resident alien" to be in possession of firearm and ammunition. The "valid hunting permit issued in the united states" is listed as one of these exceptions.
Once you get the hunter safety card, you need to purchase a hunting permit. Hunting permit has expiration date which depends on the game animal the permit is issued for. The small-game permit is usually the one that is valid the longest since it covers a variety of game animals. It is also cheaper than many other hunting permits. It is a good idea to keep a valid permit at all times as long as you own a firearm. This means, you need to buy the small-game permit every year regardless whether you plan to go squirrel or rabbit hunting that year.
In addition to a valid hunting permit, you also need to bring your I-94, the last 3-month worth of bills that have your name on it with CO address. The bills establish your residency for the at least 90 days in the state where you plan to purchase your firearm.
+100, Best answer so far.
mousegun87
02-09-2014, 12:29
+100, Best answer so far.
Except that I missed the fact that ATF no longer requires the 90-day residency proof.
One more thing OP. The FBI NICS handles the background check for aliens (both immigrant and non-immigrant) differently. BC for aliens also requires NICS to access or talk to USCIS (immigration) and the State Department. This is done on top of the usual databa se. Two reasons are behind this are NICS wants to confirm that your immigration status is still lawful (USCIS keeps this), and you are not in the watch list maintained by the State Department.
Due to the extra layer of check they have to do, it is very common for NICS to put the check on "delay" status. I notice that the "delay" status is almost certain if the background check is initiated outside Federal normal business hours. It makes me wonder if NICS has to put the check on "delay" status because the other agencies are not open. They have up to 3 full business days to complete the check and make the decision to "deny" or "proceed".
If you just recently did something with your H1B (for example, you just applied for a new H1B in anticipation of moving to a different job) it is a good idea not to do any 4473 until everything has settled down. Here is why .... NICS errs on the side of caution. If they see anything unusual in your record, they would deny your check. In the H1B transition scenario I mentioned above, it is possible for USCIS to have two H1B entries on the same person if the person is in the middle of job transition (e.g., your old H1B is still valid, but USCIS already approved the new H1B for the new job). But NICS does not know this or they do not wish to spend the time to investigate further. If denied you can file for an appeal. And in cases of visa transition, it would be straightforward to show NICS that you are in lawful immigration status. But it is quite a hassle and can take months to process.
Bailey Guns
02-09-2014, 13:50
They removed the 90-day in-state residency requirement? When did they do that?
I think it was some time in 2012...but not 100% sure.
ETA: Sorry...Nov 2010. 2010-6 – State of Residence (https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf)
DocMedic
02-09-2014, 21:56
My mistake, I looked at the 92A1 in 9mm.
You are correct the .40 S&W holds 11+1.
Military issued M9 mags only hold 15, and theres a ton of them everywhere.
RblDiver
02-09-2014, 23:39
And his mastery of the written English language puts plenty of members here to shame. And I am not talking only about the English as a second language members !
Me fail English? That's unpossible!
http://www.youtube.com/watch?v=7Sor0LXiSZg
......
If you just recently did something with your H1B (for example, you just applied for a new H1B in anticipation of moving to a different job) it is a good idea not to do any 4473 until everything has settled down. Here is why .... NICS errs on the side of caution. If they see anything unusual in your record, they would deny your check. In the H1B transition scenario I mentioned above, it is possible for USCIS to have two H1B entries on the same person if the person is in the middle of job transition (e.g., your old H1B is still valid, but USCIS already approved the new H1B for the new job). But NICS does not know this or they do not wish to spend the time to investigate further. If denied you can file for an appeal. And in cases of visa transition, it would be straightforward to show NICS that you are in lawful immigration status. But it is quite a hassle and can take months to process.
Crap, I just extended my H1b status. No job change, but current one is going to expire so I had to file an extension petition which was just approved. They are from a same employer, and the valid dates don't overlap. Do you see it as something problematic? It's several months if I have to wait for the current one to expire [Rant1]
Again, thanks for all the feedback. You folks are awesome!
Now I have to focus on the Hunter Education, quite a pain as I'll probably never go hunting.
mousegun87
02-10-2014, 07:44
Crap, I just extended my H1b status. No job change, but current one is going to expire so I had to file an extension petition which was just approved. They are from a same employer, and the valid dates don't overlap. Do you see it as something problematic? It's several months if I have to wait for the current one to expire [Rant1]
From my experience it is best to do the 4473 when all your immigration petitions/applications have been stabilized, i.e. multiple database hits that could suggest you have different visas active simultaneously could be viewed unfavorably by the NICS. Immigration is not their core, so it makes sense that those agents working at NICS choose to play it safe when they see multiple entries in your immigration record.
You could go ahead and try, maybe you'll get lucky. If not then you will have to educate yourself how to file an appeal petition with NICS. :)
On the Beretta 96 ..... do you know that you could buy a Beretta 92FS or M9 barrel assembly and run it in a 96, right? You will need to get a 9mm magazine as well. Mil-spec M9 magazines hold 15 rounds, so you can still get them and not pissing off ChickenLooper. I have a 90-Two in 40 S&W ..... the M9 barrel works like a charm, good enough for range work (I don't recommend it for defensive application).
The 96 standard mag holds 11 rounds. But you can get MecGar mags that hold 13 and 15 (with +2 base-plate). So you can still get mags at full capacity (15 rounds, per CO standard) when running it as either a 40 or a 9mm.
mousegun87
02-10-2014, 07:48
I think it was some time in 2012...but not 100% sure.
ETA: Sorry...Nov 2010. 2010-6 – State of Residence (https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf)
Thanks Bailey, good to know I can do a 4473 with what I normally carry in my wallet.
At last I've jumped through the hoops, and came home yesterday with a HK P30 9mm LEM. Hunting license, CO driver license with current address, I-94 number - that's all needed. No need for utility bills, passport, visa, or I-94 card. My background check took about an hour to pass. That's it! [UZI]
Next I'll get some training and figure out whether it'd be possible to get a CCW permit.
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