Nonimmigrant Aliens
Yes. All nonimmigrant aliens (with a few exceptions ) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad).
The form to be filed with ATF is an ATF Form 6 NIA (5330.3D) Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens, with documentation demonstrating that you fall within an exception to the nonimmigrant alien prohibition. The form is both the application and, once approved, the permit you present to the U.S. Customs and Border Protection when you enter the United States. The Form 6 NIA can be downloaded at www.atf.gov.
A nonimmigrant alien is an alien in the United States in a nonimmigrant classification as defined by section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). Generally, "nonimmigrant aliens" are tourists, students, business travelers and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents.
Yes. An individual may apply to ATF for a waiver.
[18 U.S.C. 922(g)(5)(B) and 922(y)(3); 27 CFR 478.11 and 478.32]
A nonimmigrant alien without residency in any state may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition.
A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations.
[18 U.S.C. 922(a)(9); 27 CFR 478.29a]
No. 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.
An alien number is a unique 7, 8, or 9 digit number assigned to a noncitizen by the Department of Homeland Security upon the creation of a file.
An admission number is the number on a CBP Form I–94 or CBP Form I–94W, the arrival/departure form Customs and Border Protection (CBP) gives most nonimmigrant aliens when they arrive in the United States. While most nonimmigrant aliens will automatically receive an admission number when they enter the United States, Canadians will not. However, if a Canadian asks a CBP official for an admission number when they enter the United States, they will be given an admission number.
No. The possessor of a "green card" is a permanent resident and not in nonimmigrant status.
No. A valid, unexpired hunting license or permit from any state within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The hunting license or permit does not have to be from the state where the nonimmigrant alien is purchasing the firearm.
Yes. All non-U.S. citizens need an alien number or admission number to purchase a firearm from a federal firearms licensee (FFL). A FFL cannot complete the sale without an alien or admission number. This is the case even if you have a state permit that ATF has determined qualifies as a "NICS alternative" and therefore do not need to have a NICS background check.
An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]
When entering the United States, an alien must show CBP both the approved Form 6 NIA (5330.3D) permit, and if admitted to the United States under a nonimmigrant visa, appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition.
No. Because you are only importing the firearms temporarily, you do not need to complete an ATF Form 6A or provide it to CBP.
[27 CFR 478.120]
The ATF Form 6 NIA is valid for one year from the date of approval. For conditions on importation, see the instructions on the Form 6 NIA.
No. Because antique firearms are not considered firearms for purposes of the Gun Control Act (GCA), none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition.
[18 U.S.C. 921(a)(3) and (a)(16); 27 CFR 478.11]
Yes. National Firearms Act weapons (which include machineguns, short-barreled rifles and shotguns, and silencers); nonsporting firearms; U.S. government origin firearms or firearms that contain U.S. government origin manufactured parts or components; and firearms from certain proscribed countries may not be temporarily imported.
If you think the firearm(s) you wish to import may be affected by these restrictions, please contact the Firearms and Explosives Imports Branch by phone at (304) 616-4550 or by email at imports@atf.gov.
[18 U.S.C. 922(l) and 925(d); 26 U.S.C. 5844; 27 CFR 447.52 and 447.57; 27 CFR 478.111; 27 CFR 479.111]
An alien that temporarily imports a firearm into the United States must remove the firearm from the country at the conclusion of the visit.
A nonimmigrant alien that possesses a valid hunting license from a state within the United States, or falls within any of the other exceptions or exemptions that allow nonimmigrant aliens to possess firearms, may rent firearms to hunt or to use at a shooting range.
[18 U.S.C. 922(a)(5) and (9), 922(g)(5)(B) and 922(y); 27 CFR 478.99(a) and (c)(5)]
