February 20, 2002 - The Treasury Department’s Bureau of Alcohol, Tobacco, and Firearms (“ATF”) has just published temporary regulations prohibiting foreign nationals in nonimmigrant visa status (e.g., H-1B, L-1, TN-1, etc.) from owning firearms and ammunition in the United States.

Citing national security and public safety concerns, ATF will require nonimmigrant aliens to obtain an import permit before bringing in firearms and/or ammunition to the United States from abroad. Foreign nationals who first entered the United States in nonimmigrant status, but later acquired lawful permanent residence, are exempt from these new prohibitions.

The new regulations provide specific exceptions to the new prohibition. In relevant part, the new prohibition does not apply to:

1. foreign nationals who entered the United States for lawful hunting or sporting purposes, or who are in possession of a lawfully issued U.S. hunting license,
2. certain official representatives of foreign governments who are accredited by the US Government or international organizations based in the United States,
3. certain foreign government officials and distinguished foreign visitors designated by the US State Department, and
4. certain foreign law enforcement officers from countries friendly with the United States, entering on official business.

For further information on these new rules, please visit the ATF’s web page on the matter, located at the following URL:

http://www.atf.treas.gov/firearms/022002form6updates.htm

Please note that any “firearms offense” is a serious matter under the U.S. immigration laws, and any conviction for a firearms offense, however minor, may be grounds for immediate deportation from the United States. Should any clients of Berry, Appleman & Leiden have any questions regarding these new regulations, they may contact attorney Daniel C. Horne at (415) 743-9605.