Foreign Persons and Firearm Possession

As a general rule, foreign persons may not legally posses firearms nor ammunition while they are in the United States of America.

This doesn’t mean that all foreign tourists/visitors are breaking the law if they merely hold a firearm – there are a few exceptions to the general prohibition.

However, unless one of the exceptions applies to a particular foreign person, it is not only illegal for that foreign person to hold, rent, shoot, or otherwise possess a firearm, it is also illegal for a U.S. person or Federal Firearms Licensee to knowingly allow it.

Exceptions to the Foreign Person Firearm Ban

When determining whether a foreign person may legally possess firearms or ammunition in the US, there are two main categories to consider:

1. Foreigners who are in the United States under the Visa Waiver Program or otherwise doesn’t need a Visa
2. Foreigners who are in the United States under a Nonimmigrant Visa

If the foreigner does not meet either of the categories above, they are likely in the country illegally and the exceptions do not apply – they may not possess firearms.

Visa Waiver Program / No Visa Required

If the foreigner is admitted to the US under the Visa waiver program, that means that they are from one of the specifically listed countries from the State Department.

This is the main exemption to the general ban on foreign person firearm possession – if the foreigner is admitted under the visa waiver program, they may possess firearms in the United States unless another prohibition applies. This means that the general ban doesn’t apply.

As of the writing of this article, there are 42 countries in the Visa Waiver program. You should check the State Department’s Visa Waiver Program Country List for the most up-to-date information.

Visa Waiver Program Countries:

There are also some countries where a Visa isn’t required but they aren’t listed as part of the Visa Waiver Program (VWP).

For example, Canadian residents. In some cases, they don’t need a Visa and therefore the general prohibition on firearm possession doesn’t apply. However, if the Canadian needed a Visa to enter the country, this exception does not apply.

Foreigners Admitted Under a Nonimmigrant Visa

If a foreigner is in the United States under a Visa, then they are prohibited from possessing firearms or ammunition unless one of these special exemptions apply.

The special exemptions include:

• Aliens admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States
• Official representatives of a foreign government who are
  • Accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States, or
  • En route to or from another country to which that alien is accredited
• Officials of a foreign government or distinguished foreign visitors who have been so designated by the Department of State
• Foreign law enforcement officers of a friendly foreign government entering the United States on official law enforcement business

Therefore, if, for example, a South African is in the United States under a Visa (since they are not from a Visa Waiver Program country), then they may not legally posses a firearm, nor may a US citizen or FFL allow them to have access to a firearm, unless they meet one of the extra exemptions above (e.g. have a hunting license).

This is a bigger problem than many people believe – it is common for foreigners to want to shoot a firearm in the United States while they are visiting. Without realizing it, their friends in this country or FFLs/gun ranges may let them hold or shoot firearms (which might be a serious federal crime) and it’s not uncommon for them to take pictures of it and post it on social media (showing evidence of the crime).

Because this can be complicated and so much depends on certain exemptions (other prohibitions not mentioned here), the status of the foreigner/ alien, and how they were admitted to the country, you should be very careful here.

If you’d like some more help, please check out the FFLSafe ATF Compliance program which walks through this information and even has a downloadable cheat-sheet for FFLs to have as a reference for employees.

AUTHOR

Ryan Cleckner

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Ryan Cleckner is a former special operations sniper and current attorney specializing in firearms law/ATF compliance and is a firearms industry executive (former govt. relations manager for NSSF, Vice President of Remington Outdoor Company, and a SAAMI voting board member).