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B2 Visa and obtaining State ID Card

B2 Visa and obtaining State ID Card

Old Jun 22nd 2013, 4:05 pm
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Default B2 Visa and obtaining State ID Card

Hi,

Is it possible to obtain a State ID Card with a B2 Visa ?

Background and Reasons
----------------------------
1. UK citizen.
2. Will probably purchase a property in the USA for holiday home.
3. Wish to hunt / go shooting while I am there.
4. Would like to purchase own firearm.

I have already contacted the ATF and ICE. Under federal law I would be fine to purchase a firearm as long as I have a valid non-resident state hunting license.

Now, my problem is around STATE law as all states require a state issued DL or ID card to purchase a firearm.

Any help would be very much appreciated.

Thanks

Mark

PS. NO, I am not some crazed gun nut but would like to participate in recreational shooting when I am in the USA without having to always borrow someone else's firearm, if possible.
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Old Jun 22nd 2013, 5:16 pm
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Default Re: B2 Visa and obtaining State ID Card

Which state?

Also do you actually have a B2?
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Old Jun 22nd 2013, 5:33 pm
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Default Re: B2 Visa and obtaining State ID Card

Without the information requested above, it's impossible to answer.
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Old Jun 22nd 2013, 5:35 pm
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Default Re: B2 Visa and obtaining State ID Card

Hi,

- I don't mind which state. I looked at Florida. But they don't issue State ID for people on a B2 Visa. Well, that what I was told anyway.
- Yes. I got it 1 year ago.

Mark
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Old Jun 22nd 2013, 5:54 pm
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Default Re: B2 Visa and obtaining State ID Card

Originally Posted by cybernet1969 View Post
Hi,

- I don't mind which state. I looked at Florida. But they don't issue State ID for people on a B2 Visa. Well, that what I was told anyway.
- Yes. I got it 1 year ago.
I believe that it would not be impossible in California, but it would be a pain.

You could certainly try to get a California driver's license if you were in the US on a B2 visa. You need to apply at least 30 days before the expiration date on your "proof of legal presence" (your passport plus I-94). The license would, however expire on at the same time as the expiration date on your I-94 and you would probably have some extra fun because the CA rules still assume that you would have a paper I-94 (which is no longer the case).

You can find the requirements here. Pay special attention to the sections on Legal Presence and Limited Term Legal Presence.

As far as I know the requirements for an ID card would be the same - CA ID cards are just drivers licenses that don't allow you to drive ...
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Old Jun 22nd 2013, 6:12 pm
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Default Re: B2 Visa and obtaining State ID Card

Thanks,

California looks good apart from the fact that you need a SSN which would not be issued to someone on a B2 visa as you are not allowed to work.

Also, if immigration give you less than 60 days stay, unlikely but possible even with a B2 visa then you cannot apply for the ID card.

One door opens and several close.
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Old Jun 22nd 2013, 6:17 pm
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Default Re: B2 Visa and obtaining State ID Card

Originally Posted by cybernet1969 View Post
California looks good apart from the fact that you need a SSN which would not be issued to someone on a B2 visa as you are not allowed to work.
(
The requirement for an SSN is waived for people who are not eligible for one.
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Old Jun 22nd 2013, 6:46 pm
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Default Re: B2 Visa and obtaining State ID Card

OK. That's good then. I cant see what documents you need to provide for proof of residency, i.e. utility bill, bank statement etc with your address on it. All other states I have looked at so far require this. Not California ?

Mark
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Old Jun 22nd 2013, 7:00 pm
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Default Re: B2 Visa and obtaining State ID Card

Originally Posted by cybernet1969 View Post
Hi,

Is it possible to obtain a State ID Card with a B2 Visa ?

Background and Reasons
----------------------------
1. UK citizen.
2. Will probably purchase a property in the USA for holiday home.
3. Wish to hunt / go shooting while I am there.
4. Would like to purchase own firearm.

I have already contacted the ATF and ICE. Under federal law I would be fine to purchase a firearm as long as I have a valid non-resident state hunting license.

Now, my problem is around STATE law as all states require a state issued DL or ID card to purchase a firearm.

Any help would be very much appreciated.

Thanks

Mark

PS. NO, I am not some crazed gun nut but would like to participate in recreational shooting when I am in the USA without having to always borrow someone else's firearm, if possible.
In most of the southern states, a DL or state ID is not asked for at gun shows or private party sales. CNN went to several gun shows in the south and only about 1 in 10 venders asked for an ID and the others didn't even ask to fill out any paperwork. However don't bring the gun across state lines since that could possibly be a federal or state offense (if that state is more strict about gun registration especially northern states).

Last edited by Michael; Jun 22nd 2013 at 7:12 pm.
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Old Jun 22nd 2013, 7:14 pm
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Default Re: B2 Visa and obtaining State ID Card

Michael,

Yes, that is true. But a non-immigrant could be breaking Federal law if he/she doesn't purchase from an FFL. I don't want to potentially do something illegal, get the 10 year prison term, $250,000 fine, deported and never allowed back to the USA.

Mark
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Old Jun 22nd 2013, 7:28 pm
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Default Re: B2 Visa and obtaining State ID Card

Originally Posted by cybernet1969 View Post
OK. That's good then. I cant see what documents you need to provide for proof of residency, i.e. utility bill, bank statement etc with your address on it. All other states I have looked at so far require this. Not California ?

Mark
California has very strict requirements including strict residency requirements, Handgun Safety Certificate for handguns, 10 day waiting period, and all sales must go through a licensed dealer.

http://crime.about.com/od/gunlawsbys...gunlaws_ca.htm
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Old Jun 22nd 2013, 7:54 pm
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Default Re: B2 Visa and obtaining State ID Card

Originally Posted by Michael View Post
California has very strict requirements including strict residency requirements, Handgun Safety Certificate for handguns, 10 day waiting period, and all sales must go through a licensed dealer.

http://crime.about.com/od/gunlawsbys...gunlaws_ca.htm
I would not be purchasing a handgun. Only a rifle or long gun for the purposes of hunting and/or target shooting at a range within the state. The gun would remain at the property I decide to purchase in the USA. I would not be trying to export it back to the UK or moving it across state lines.

Thanks

Mark
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Old Jun 22nd 2013, 8:02 pm
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Default Re: B2 Visa and obtaining State ID Card

I don't want a handgun. Only a rifle for the purposes of hunting and/or target shooting within the state.

Thanks

Mark
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Old Jun 22nd 2013, 9:21 pm
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Default Re: B2 Visa and obtaining State ID Card

http://koivisto.me/blog/-/blogs/buyi...-in-california

It seems there is a 90 day period needed before you can apply.
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Old Jun 22nd 2013, 10:15 pm
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Default Re: B2 Visa and obtaining State ID Card

All the residency requirements for NIAs were scrapped last year because there was no law to back them up. Also the hunting licence/match invite requirement was scrapped for people entering without a visa as well because the law (18 USC 922(y)) specifically says people entering with visas.

I have already contacted the ATF and ICE. Under federal law I would be fine to purchase a firearm as long as I have a valid non-resident state hunting license.
No hunting licence required if you enter on the VWP, with a B visa you would need one though.

Now, my problem is around STATE law as all states require a state issued DL or ID card to purchase a firearm.
State law doesn't require it, Federal law does. 27 CFR 478.11:

Identification document. A document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi- governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
Which basically means State ID because you've got to be resident in the State where the acquisition is made, because interstate transfers are prohibited except between licensees (e.g. dealers). (And before anyone argues that point, read 18 USC 922(a)(3).)

I don't think you're going the right way about this, tbh. The whole idea of the law is that you are resident in that State. By getting State ID you are saying you are resident. You aren't resident, you live in the UK. If you get State ID then you're basically giving an invitation to the IRS to tax you, not to mention the State where your property is.

If you only want a rifle, the logical thing to do is get a firearm certificate in the UK, buy the rifle there and bring it with you when you visit, apply for a Form 6NIA import permit.
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