Confused About Whether You Can Legally Own a Gun as a Noncitizen? You’re Not Alone.
If you’re a lawful permanent resident, visa holder, or another type of noncitizen living in the United States, you’ve probably seen conflicting information about your Second Amendment rights.
Can you buy a gun if you have a green card? What about if you’re here on a visa? What if you’ve applied for asylum or DACA or TPS?
Unfortunately, the laws surrounding firearms and immigration status are complicated—and even one wrong move can lead to criminal charges, deportation, or permanent bans from the U.S.
At National Security Law Firm, we help noncitizens across the country understand their rights and avoid life-changing mistakes when it comes to owning or purchasing firearms. If you’re unsure about your status, let’s clear it up for you.
What Federal Law Says About Noncitizens and Firearms
Under 18 U.S.C. § 922(g)(5), it is illegal for the following people to possess firearms:
“An alien who is illegally or unlawfully in the United States; or who, being lawfully in the United States under a nonimmigrant visa, is not specifically exempt.”
That means there are two major categories of noncitizens who are federally barred from possessing guns:
1. Undocumented Immigrants / Overstays / TPS Violators
Anyone unlawfully in the U.S.—including people who have overstayed visas, entered without inspection, or had their temporary status lapse—cannot legally possess a firearm under federal law.
2. Nonimmigrant Visa Holders (e.g., Tourists, Students, Temporary Workers)
Even if you’re in the U.S. legally, if you’re here on a nonimmigrant visa (such as a B1/B2, F1, J1, or H1B), you are banned from owning or possessing firearms, unless you qualify for one of the limited exceptions below.
Who Can Legally Own a Firearm as a Noncitizen?
Federal law does allow certain categories of noncitizens to possess firearms:
✅ Lawful Permanent Residents (Green Card Holders)
If you have a green card, you are not considered a prohibited person under § 922(g), and may legally purchase and possess firearms—assuming you are not disqualified for other reasons (e.g., felony conviction, mental health, unlawful drug use).
✅ Nonimmigrant Visa Holders With an Exception
If you’re here on a nonimmigrant visa, you may be allowed to own a firearm if one of the following applies:
- You possess a valid state-issued hunting license or permit;
- You are an official foreign government representative (e.g., diplomat);
- You are law enforcement or military on official assignment;
- You were admitted under a visa waiver program for business or tourism and meet specific criteria (e.g., from visa-waiver countries).
See ATF Guidance for Nonimmigrants for more details.
Common Situations That Trigger Firearm Ineligibility
- ✔️ Green card holder with no criminal history → Can usually purchase and own a firearm.
- ❌ F1 student visa holder without a hunting license → Cannot legally own a gun.
- ❌ DACA recipient or asylum seeker without lawful permanent resident status → Likely prohibited.
- ❌ TPS recipient with expired documentation → Likely prohibited.
- ❌ Tourist or business visa holder → Prohibited unless hunting license or exemption applies.
🧠 Pro tip: Even if your state allows you to own or purchase firearms, federal law overrides state law. That means buying a firearm in a “permitless carry” state does not make it federally legal for you to own one as a noncitizen.
What Happens If You’re Caught With a Firearm Illegally?
Violating federal firearm law as a noncitizen is a felony—and often leads to deportation, denial of future immigration benefits, and a permanent bar from returning to the U.S.
Many noncitizens have been prosecuted under § 922(g)(5) even for possessing a firearm in their own home or while hunting with friends.
If you are charged, you may also face:
- Immigration detainers
- Inadmissibility and visa revocation
- Loss of DACA or TPS status
- Denial of naturalization
This is serious—and entirely avoidable with the right legal guidance.
📚 Additional Resources
Want to learn more? Check out our full Firearm Rights Restoration Hub:
- [Can I Even Own a Gun? Mental Health and Immigration Disqualifiers Explained]
- [Drug Use and Gun Rights: How Even One Arrest Can Trigger a Federal Ban]
- [Top Mistakes Noncitizens Make When It Comes to Firearm Law]
- [Can You Restore Federal Gun Rights After a Felony? Yes—Here’s How.]
Don’t Risk It. Let’s Clear This Up—Today.
When it comes to firearms and immigration status, the line between legal and illegal is razor thin. Don’t make a decision that could cost you your freedom—or your future in the U.S.
Book a free consultation today, and we’ll tell you exactly where you stand. We’ll create a personalized legal strategy that keeps you protected and puts your mind at ease.
The quicker you act, the better your chances of success.
👉 Schedule your free consultation now
Go to sleep tonight knowing it’s all being taken care of by the best in the field.
The National Security Law Firm: It’s Our Turn to Fight for You.
