Pulaski

My guess would be that it is connected to him previously having had a B1.

Steve_

No it's not just join a gun club, and you don't have to start with a .22 either, join a fullbore club. There are 140,000 or so firearm certificates on issue after all (admittedly most of them are for .22s for vermin control, but still it's far from impossible).

Anyway you either do it that way or you don't do it as far as I can see. Read IRS Form 8840 and the instructions for it and you will see why. Getting State ID is just not a good idea, imagine for example you get searched at the POE and CBP find it on you (which does happen). Bye bye any possible explanation of non-immigrant intent.

This is assuming the state will even issue it in the first place with only a B-2 visa and I-94 in your passport, I think some will issue ID but not a DL, so once again, yet another problem - you're out for a drive, you get pulled over, you pull out your UK licence. Cop bangs your name and DOB into his computer, up pops your name in the DMV database - why are you, a claimed resident of this State, driving on a foreign licence?

I remember seeing that happen on some cop show (Police women of Maricopa County or something like that) the guy had a State ID and a Mexican DL.

Steve_

No it's not. That's BS. They have a policy in VWP countries of not granting them to encourage people to use the VWP.

Steve_

It's possible depends on the State but it's not a particularly good idea.

For example under Florida law, Canadian citizens can get a Florida DL provided they show they are resident in the State, same as anyone else. They set it at one year validity because 8 CFR 214.2(b) says a person can stay as B-1/2 for one year and Canadians don't get an I-94 so they don't have one to show to the DMV.

Now the reason a lot of Canadians do it is because they only drive in Florida. But it's a super bad idea because it causes all kinds of other problems, e.g. the requirement to file an 8840 to be exempt from the substantial presence test - the form asks for you to provide evidence of where you reside, it asks where your car is registered and where you hold a DL. Try and apply for something from OHIP or some other provincial healthcare thing "Can I see your ID?" Well you've got Florida ID.

And so on. Years ago it wasn't such a problem but with all the info sharing agreements between tax authorities and the use of computers now I wouldn't recommend it.

cybernet1969

People,

I am not requiring a State issued DL. I have no plans of driving in any state. All I need is a State issued ID, which is the same as a DL but without being allowed to drive.

Also, the new ATF 4473 form has now had the 90 day residency rule removed for the purchase of firearms for everyone, not just non-immigrant aliens.

All a non-immigrant alien needs is a valid state hunting license (even if you don't plan on hunting), valid state issued DL or ID and alien admission number which you can request at the POE if you no longer receive the paper I-94.

The law now says that a non-immigrant visa holder CANNOT be prohibited from purchasing or possessing a firearm or ammunition if they have a valid state unexpired hunting license.

Many thanks to the individuals who pointed me in the correct direction. I already have an email from ICE stating that from an immigration point of view I would not be prevented from passing the NICS background check.

To all those who have problems with B2, I really don't understand all the negative comments, I posted a legitimate simple question.

There are many lawyers in the UK (one in Lewis sussex) who deal with US immigration visa applications and the process of getting one. It will cost you around £300. A small price to pay.

The people who have been denied a B2 have obviously lied, entered wrong answers on the form or given away information at the interview. i.e. Yes I have a girlfriend in the USA meaning a likelihood you will change visa status while visiting so you can stay and/or get a green card etc.

Also, back in 2004 I was given medication after being diagnosed with depression when my father died. That is now in the past but the purposes of applying for an Firearms Certificate here in the UK means I would be almost certainly denied when the police do their checks as you have to provide details of your Doctor/GP.

Cheers all

Mark

mikelincs

I think this just means that the UK do better checks than the US, seems like the US is heaven for anyone wanting to buy a gun, then go out and shoot whatever/whoever they like.. Not saying this is what you want to do, but the lack of police and mental health checks is extremely alarming.

cybernet1969

Yes I agree. But why should something that happened 9 years ago prevent someone from obtaining something now. If you have commited a violent crime then I agree you should be banned for life. However that is not the case in my situation. The Police do not have to give a reason for denying you an FAC nor do you have the right of appeal.

All I wanted to-do is spend sometime each year hunting and shooting at a range while I am visiting the USA. The gun would remain in a locked steel cabinet in the USA while I am back here in the UK. I have already done this previously and borrowed a friends rifle. I do not wish to have a handgun or M16/AR15 etc.

Cheers all.

Mark

mikelincs

But if someone was to break into your house, and steal the rifle, then next time you came to the US you just might find yourself arrested because the gun had been used in a crime, and you would have no idea what they were talking about.

cybernet1969

That could happen to a USA citizen who goes on holiday to Europe.

Remember under USA law a non-immigrant is allowed a firearm if they can satisfy the requirements.

I am not trying to beak the law. Guns in many states are not even needed to be registered. The government their have no idea who owns or how many they own, apart from probably California and New York.

If you goto Texas then virtually everyone and his dog has a gun. Allot them probably travel around the world and leave their guns on the kitchen table etc.

Cheers all

Mark

mikelincs

And that is the reason I would NEVER have emigrated to the US, even if I had had the qualifications, which I would have had.

cybernet1969

Guns don't kill people on their own. Someone has to pull the trigger.

If you leave a gun on the table (un loaded) then it can do no harm.

You could just as easily kill someone with a knife etc.

Cheers all

Mark

mikelincs

Not completely true, a knife is used at short range, the shooter with a gun can be quite a long way away, and, if there is someone with a knife, you do have a chance to run away, against a bullet.. no chance.

cybernet1969

I am not here to argue the rights or wrongs of members of the public having access to firearms.

Personally, I would prefer to live in a country where I wasn't told by the state/government what I can or cannot do.

The UK is fast becoming somewhere where I no longer wish to reside. Next they will probably ban fishing because it upsets someone somewhere.

Anyway, I now have the answers I need to progress with what I was planning on doing.

Cheers all

Mark

PS. Good luck with your B2 visa applications. Its not difficult even if you are able to use the VWP. Invest the time and money and I am sure you will succeed.

lisa67

[QUOTE=cybernet1969;10770338


If you goto Texas then virtually everyone and his dog has a gun. Allot them probably travel around the world and leave their guns on the kitchen table etc.

Cheers all

Mark[/QUOTE]

Lol, you really must stop with the sweeping generalizations! (From someone who lives in TX)

cybernet1969

I wasn't, it was a joke.

But allot of Texan's do own firearms.

Mark