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Gun Ownership/Possession by Persons without Legal Status ("illegal aliens")

Guns laws are complicated as they vary from state to state and generally involve federal laws since most if not all guns and ammunition have been involved in interstate commerce, which means the guns or ammunition have moved across state lines. For example, a Sig Sauer handgun that is manufactured in the state of New Hampshire that moves across state lines into Texas to be sold at a local Academy Sporting Goods store in Austin, Texas would have touched "interstate commerce". Thus, making the possession of that gun subject to federal laws that prohibits the sale to and possession of the gun by a person in the U.S. without lawful status.


Since many guns and ammunition are manufactured out-of-state and/or may use components manufactured out-of-state, it's safe to say that most guns and ammunition, if not all, have touched interstate commerce in one way or another.


Thus, under federal law, the possession of firearms or ammunition that is or was involved in interstate commerce by anyone without legal status in the U.S. is prohibited. Any violation of these gun laws could result in a fine and/or incarceration for up to 10 years.


See 8 USC 922(d)(5)(A); 8 USC 922(g)(5); and 8 USC 924(a)(2).


For more information about federal gun laws as they relate to nonimmigrants or those who have legal status in the U.S., go to: https://www.atf.gov/qa-category/nonimmigrant-aliens.


Remember that everyone's situation is different and if you have any concerns about the lawful possession of guns or ammunition, you should speak to an experienced gun law attorney.

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