Just got off the phone with a county deputy. He indicated Canadian Citizens would be treated like US Citizens and allowed to purchase and posses. Same prohibited persons rules apply.
Does anyone know of any Canadians who have actually gone through the process in Florida or other state?
Canadian in question owns a home in Florida and spends 6 months a year there.
We were talking yesterday and he commented that he wouldn't be allowed a weapon. I said, not so fast let me check.
Deputy indicated they could even obtain a Florida CCW. Again,anyone seen this do?

Depends on his Visa status.
My wife was on a green card & could purchase - but before it was approved she was on B1/B2 and could not (or get a driver's license). She didn't purchase a gun until she got citizenship, but she as IN gun permit. I have coworkers on TN & L1 visas, but we've never checked if they can purchase. I was told it was OK to possess.
His owning a home & residing there likely means he can, but I wouldn't take a police officer's word for it.

Can't help you with the first question....and I'm a Canadian with a Florida out of State CCW I'm dual. You can certainly get an out of State Florida CCW for residents of other states. It wouldn't surprise me if they allowed a Canadian an out of State CCW so long aas they can process the background check. Also wouldn't surprise me that there was lots of law enforcement cooperation across border including background checks.

Just my 2cents. Hopefully others more knowledgeable will comment.

The US Constitution applies to all legal residents of the country. If a person is a legal resident of Florida, he has the same gun rights as you.

My wife is a French citizen. Being a legal resident of Utah, she can purchase a firearm and apply for and receive a CCW permit.

Thanks for the quick responses. Alan, your specific example really helped me get my head around it.

I am not a lawyer but I have a house and permit in FL.

No citizen requirement to purchase in FL. You must be a FL resident.
You just must not be of the excluded class, Felon, of age Etc.

To get a permit to carry concealed you need to be a Citizen or green card holder.

Off the FL web site:

Unless you are serving overseas in the United States Armed Forces, you must currently reside in the United States and be a U.S. citizen or deemed a lawful permanent resident alien by Department of Homeland Security, U.S. Citizenship and Immigration Service. If you are serving overseas in the U.S. Armed Forces, submit a copy of your deployment documentation with your application. Those who are Resident Aliens must provide a valid Permanent Resident Alien card.

If your friend has lawful permanent residence status he can buy firearms subject to the same federal rules as an American citizen. State law may add additional requirements.

Here are excerpts from the BATFE Federal Firearms Regulations Reference Guide, 2014

The section of interest is on page 215.
Definitions to understand

Nonimmigrant alien. An alien in the United States in a nonimmigrant classi¬fication as defined by section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

Nonimmigrant visa. A visa properly issued to an alien as an eligible nonim¬migrant by a competent officer as pro¬vided in the Immigration and Nationality Act, 8 U.S.C. 1101 et seq

(R2) May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: [having] a valid hunting license or permit, [being] admitted for lawful hunting or sporting purposes, certain official representatives representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]

(R3) Can a nonimmigrant alien obtain a waiver from the prohibition on shipping, transporting, receiving, or possessing a firearm or ammunition?

Yes. An individual may apply to ATF for a waiver.

[18 U.S.C. 922(g)(5)(B) and 922(y)(3); 27 CFR 478.11 and 478.32]

(R4) May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa and who falls within an exception, purchase a firearm or ammunition in the United States?

A nonimmigrant alien without residency in any State may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition.

A nonimmigrant alien who has established residency in a State may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same State, and no other State or local law prohibits the transaction. A nonimmigrant alien with residency in a State may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations.

[18 U.S.C. 922(a)(9); 27 CFR 478.29a]

(R5) Does the prohibition on the receipt and possession of firearms and ammunition by aliens in nonimmigrant visa status apply to nonimmigrant aliens who lawfully enter the United States without a visa?

No. 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.

(R7) Is the possessor of a “green card” a nonimmigrant alien?

No. The possessor of a “green card” is a permanent resident and not in non¬immigrant status.
(R8) Is a valid hunting license or per¬mit as an exception to the firearms prohibitions on nonimmigrant aliens only valid in the State in which it was issued?

No. A valid, unexpired hunting license or permit from any State within the United States satisfies the hunting license excep¬tion to the nonimmigrant alien prohibition. The hunting license or permit does not have to be from the State where the non¬immigrant alien is purchasing the firearm.

[b](R9) Does a Canadian citizen re¬siding in the United States need an alien number or admission number to purchase a firearm?

Yes. All non–U.S. citizens need an alien number or admission number to purchase a firearm from a Federal firearms licens¬ee (FFL). A FFL cannot complete the sale without an alien or admission number. This is the case even if you have a State per¬mit that ATF has determined qualifies as a “NICS alternative” and therefore do not need to have a NICS background check.

(R10) Do nonimmigrant aliens need to obtain a permit to temporarily im¬port firearms into the United States for hunting or other lawful sporting purposes?

Yes. All nonimmigrant aliens (with a few exceptions ) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other law¬ful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad).
The form to be filed with ATF is an ATF Form 6 NIA (5330.3D) (Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens) with documentation demonstrating that you fall within an exception to the nonimmigrant alien prohibition. The form is both the application and, once approved, the permit you present to the U.S. Customs and Border Protection when you enter the United States. The Form 6 NIA can be download¬ed at www.atf.gov.

[27 CFR 478.115(d) and (e) and 478.120]

(R11) What documentation does an alien need to show U.S. Customs and Border Protection (CBP) when entering the United States with a firearm?

When entering the United States, an alien must show CBP both the approved Form 6 NIA (5330.3D) permit, and if admitted to the United States under a nonimmigrant visa, appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition.

[27 CFR 478.120]

(R12) Do aliens that have an approved ATF Form 6 NIA need to provide Customs and Border Protection (CPB) with an ATF Form 6A?

No. Because you are only importing the firearms temporarily, you do not need to complete an ATF Form 6A or provide it to CBP.

[27 CFR 478.120]

(R13) How long is an ATF Form 6 NIA valid for?

The ATF Form 6 NIA is valid for one year from the date of approval. For conditions on importation see the instructions on the Form 6 NIA.

When I moved here in 1991 I was on a green card and I bought my first gun within a few months of moving here.

Citizenship isn’t the test. Legal status is the test.

This message has been edited. Last edited by: nhtagmember,

Shouldn't be a problem, believe he's going to need at least two valid ID with his FL address on them, water bill, property tax bill, resident alien ID, something with FL address to prove he is in compliance.

Not much to add here other than the Canadian in question might be hassled or denied at the store itself, especially a big box type store where employees don't actually know what they're doing. Some of the big boxes may actually have a policy against it, legal or not.

I say this only because, when I worked a gun counter at a big box years and years ago, there were three of us who knew it was legal and would process checks for non-citizens, but others within the store would not out of ignorance and we had more than a few non-citizens come to us because they were turned away by other big box stores.

Just a heads up.

quote:

Originally posted by Oat_Action_Man:
Not much to add here other than the Canadian in question might be hassled or denied at the store itself, especially a big box type store where employees don't actually know what they're doing. Some of the big boxes may actually have a policy against it, legal or not.

I say this only because, when I worked a gun counter at a big box years and years ago, there were three of us who knew it was legal and would process checks for non-citizens, but others within the store would not out of ignorance and we had more than a few non-citizens come to us because they were turned away by other big box stores.

Just a heads up.

we live in a rural county and one of the gun shops is owned by a prior sheriff. It's where we took our CCW. He's pretty good to work with.

This message has been edited. Last edited by: Powers77,

I used to know a citizen of the UK living in NY, he owned plenty of firearms. IIRC the only wrinkle was he had to be here a certain number of days consecutive to purchase one. Since he traveled back and forth frequently it would hang him up waiting, resetting the "clock" every time he went home. I know at one point he had a couple he'd paid for and was waiting to be able to take possession of them.

quote:

unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: [having] a valid hunting license or permit, [being] admitted for lawful hunting or sporting purposes,

Others have answered this, but IIRC the FL rule referenced above is no longer valid, as this is how the NAS Pensacola terrorist (Saudi flight student) was able to legally buy a pistol: he got a hunting license and bought the pistol from a LGS.

Please do not inject politics into this thread!