QUESTIONS AND ANSWERS - REVISED ATF F4473 (APRIL 2012 EDITION)

Q1. Who is a nonimmigrant alien?

A1. 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. In order to meet the definition of a nonimmigrant alien, the

A2. There is no change with respect to nonimmigrant aliens who were admitted under a

nonimmigrant visa. The interpretation of the Gun Control Act affects aliens who are lawfully in

the United States without a nonimmigrant visa.

Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver

Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or

ammunition, provided that they meet State of residency requirements and are not otherwise

prohibited from shipping, transporting, receiving, or possessing firearms.

Government, a State, or local government, or an Indian tribe federally recognized by the Bureau

of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful

hunting or sporting purposes; (3) has received a waiver from the prohibition from the Attorney

General of the United States; (4) is an official representative of a foreign government who is

accredited to the United States Government or the Government’s mission to an international

organization having its headquarters in the United States; (5) is en route to or from another

country to which that alien is accredited; (6) is an official of a foreign government or a

distinguished foreign visitor who has been so designated by the Department of State; or (7) is a

foreign law enforcement officer of a friendly foreign government entering the United States on

official law enforcement business.

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf.

Q4. If I’m a nonimmigrant alien legally in the United States with a nonimmigrant visa, what

documentation must I provide to the Federal firearms licensee (FFL) prior to acquiring a

firearm?

A4. It is unlawful for a FFL to sell or deliver any firearm to any nonlicensee who the licensee

knows or has reasonable cause to believe does not reside in the State in which the licensee’s

place of business is located. Exceptions are provided for over-the-counter transfers of a rifle or

shotgun to out-of-State residents if the transfers fully comply with the State laws of the buyer

and seller, and for loans and rentals of a firearm for temporary use for lawful sporting purposes.

To acquire a firearm, you must demonstrate the intention of making a home in a particular State.

In addition, you must also demonstrate that you fall within one of the exceptions outlined in 18

U.S.C. 922(y)(2). (Refer to Question #3 above).

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

These requirements are irrespective of the licensed status of the individual from whom the alien

is purchasing the firearm. An unlicensed individual is prohibited from selling a firearm to an

out-of-State resident. A Federal firearms licensee (FFL) is prohibited, with few exceptions, from

transferring a firearm to an out-of-State resident.

Q6. What is the Visa Waiver Program?

A6. The Visa Waiver Program enables nationals from participating countries to travel to the

United States for tourism or business for stays of 90 days or less without obtaining a visa.

A7. No. The 90 day residency requirement is no longer in effect. However, a nonimmigrant

alien who is lawfully present in the United States must comply with State of residence

requirements as required by the Federal government. For more information, see ATF Ruling

2010-6 at: http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf.

Q8. I Answered Item 10.a on the ATF Form 4473. Do I have to answer 10.b. as well?

A8. Yes. You must select at least one race in item 10.b. regardless of ethnicity designation

selected in item 10.a. Both items must be answered. Ethnicity and race are further defined

below:

Race – More than one response may be selected.

peoples of North and South America (including Central America), and who

maintains a tribal affiliation or community attachment.

Southeast Asia, or the Indian subcontinent including, for example, Cambodia,

China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand,

and Vietnam.

groups of Africa.