ATF Loosens Restrictions on Gun Sales to Foreigners


Comment by Jim Campbell

So let’s be clear, an administration that hates guns is worried about making it easier for aliens to acquire them?  Only in the parallel universe of those living on the planet Obamanation.

A ruling that only Obama and Eric Holder could love. Yep, let’s start allowing aliens to purchase weapons, why not.  Criminals do every day without the need of registration or training. 

Has anyone forgotten that these were the clowns involved in Fast and Furious and Operation Gunwalker?  I didn’t think so.

That’s my story and I’m sticking to it, I’m J.C. and I approve this message.

The Obama administration has decided to eliminate a 1998 restriction on the sale of guns to foreigners, claiming federal law does not allow the government to have different gun-control rules for noncitizens. ( But wait isn’t this the administration that is anti gun? Whoops I forgot, they are only anti gun for Americans.)
In a letter to firearms dealers, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) said it would no longer require sellers to obtain proof from foreign buyers that they have lived in the state for 90 days. The rule was originally instituted after a disturbed Palestinian, 69-year-old Ali Abu Kamal, admitted to the United States on a legal nonimmigrant visa, bought a 380-caliber Beretta semiautomatic handgun in Florida and, on the observation deck of the Empire State Building in New York City, shot to death one person and injured six others.
“The Department of Justice … has recently concluded that, as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the [Gun Control Act],” the ATF letter reads.
Some gun-control advocates criticized the change. Senator Frank Lautenberg (D-New Jersey) said that eliminating the regulation defied “common sense and puts Americans at risk” because it could make it easier for foreign terrorists to obtain weapons inside the country.
-Noel Brinkerhoff
Rules Eased on Gun Sales to Noncitizens (by Charlie Savage, New York Times)

Open Letter to All Federal Firearms Licensees (Bureau of Alcohol, Tobacco, Firearms and Explosives) (pdf)

U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

December 22, 2011


The Gun Control Act (GCA) generally prohibits any person from transferring firearms to any unlicensed person who they know or have reasonable cause to believe does not reside in the State in which the transferor resides. See 18 U.S.C. § 922(a)(5). Longstanding Federal firearms regulations at 27 C.F.R. 478.11 define the term “State of residence” differently for U.S. citizens and aliens. A U.S. citizen’s State of residence is the State in which he or she is present with the intention of making a home; while an alien is considered a resident of a State if he or she has resided in that State for a period of at least 90 days prior to the date of transfer with the intention of making a home. As you know, Federal firearms licensees (FFLs) are required to obtain documentation establishing that an alien legally in the United States has resided in the State continuously for at least 90 days prior to the transfer of the firearm. This documentation is currently recorded as a response to Question 20c of the Firearms Transaction Record, ATF Form 4473.

The Department of Justice (the Department) has recently concluded that, as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA. As a result, ATF will be revising the regulations in 27 C.F.R. Part 478 to conform to the Department’s conclusions by removing the separate 90-day residency requirement for aliens. Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for State residency and proof of residency. ATF is in the process of amending its forms to conform to the statute as well.

This process of amending the relevant regulations and forms will be completed as expeditiously as possible. Until that process is complete, however, the current regulations have the force of law. Accordingly, for the time being, FFLs should continue to use the current forms and abide by the current regulations.

ATF is committed to assisting you in complying with Federal firearms laws. If you have any questions, please contact ATF’s Firearms Industry Programs Branch at (202) 648-7190.

Chad J. Yoder
Chief, Firearms and Explosives Industry Division

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7 thoughts on “ATF Loosens Restrictions on Gun Sales to Foreigners

  1. Well, goody for Lautenberg! He does have hind legs….A tad behind the curve..he’s concerned about terrorists ‘coming into’ this country? How about all the illegal-Mexican invaders from the south of us? They come here and demand ‘our’ rights and money while they are at it! Oh, I forgot – they need the right to vote but can’t read English! Does that make that little ole gun and equalizer or an enforcer! You know, you pave the yellow brick road with stupid laws then are startled to learn it is actually being used – against you? Why isn’t the public surprised….it had to come…and if we act or even respond verballly we are called terrorists! I am an American. Never forget I am also first and foremost a free citizen of the now State of Texas! We were a Republic!

  2. This is a must read….both of our Republics are at stake….the United States of America and the former Republic of Texas!

  3. Great now the terrorists will have more guns than the average american citizen. Probably the main objective let the killing begin in the streets and see who wins. Obama is such a coward and liar.

  4. thats nothing we have bands of Arabs hiding in camps all over the States with all kind of guns… check it out… there used to be 36 of them but knowing Obama I am sure theres are hundreds more now…we willnot be safe by the end of 2012 because the 535 do nothing congress has no guts….

    • No doubt about it, can be the only rational/irrational move to make this real. Now that I’m thinking more about this I’m going to see if I can refute it, it came from a good source but it didn’t come from me as in JC. The truth is sold here.

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