Can You Buy a Gun with a Passport
The laws surrounding firearm purchases in the United States can be complex, and it’s essential to understand the regulations before attempting to buy a gun. One common question is whether you can use a passport as identification when purchasing a firearm.
This guide provides a clear explanation of the legal guidelines and requirements for buying a gun with a passport in the U.S.
Federal Law and Firearm Purchases
Under federal law, to purchase a firearm from a licensed dealer, you must:
- Be a U.S. citizen or a lawful permanent resident: Non-immigrant aliens are generally prohibited from purchasing firearms.
- Be at least 18 years old to purchase a rifle or shotgun, and 21 years old to purchase a handgun: Age restrictions vary by state and type of firearm.
- Pass a background check: The National Instant Criminal Background Check System (NICS) is used to verify that you are not prohibited from possessing firearms.
- Complete ATF Form 4473: This form collects personal information and requires you to certify that you are legally eligible to purchase a firearm.
Using a Passport as Identification:
While a driver’s license is the most common form of identification used for firearm purchases, a U.S. passport is generally accepted as a valid form of identification by licensed dealers.
Why a passport might be used:
- No driver’s license: The individual may not possess a driver’s license.
- Out-of-state resident: State residency requirements may be easier to meet with a passport.
- Preference: Some individuals may prefer to use their passport for privacy reasons.
Important Considerations:
- Proof of Residency: In addition to a passport, you will likely need to provide proof of residency, such as a utility bill or lease agreement, to demonstrate that you meet your state’s residency requirements.
- State Laws: While a passport is generally accepted under federal law, some states may have additional requirements or restrictions.
Non-Citizens and Firearm Purchases
Non-immigrant aliens (those in the U.S. on a temporary visa) are generally prohibited from purchasing firearms. However, there are some exceptions, including:
- Non-immigrant visa holders with a valid hunting license or permit: This exception allows non-immigrants to purchase firearms for lawful hunting or sporting purposes.
- Certain foreign law enforcement officers or diplomats: These individuals may be permitted to purchase firearms under specific circumstances.
Lawful permanent residents (green card holders) are generally allowed to purchase firearms, provided they meet the other requirements.
Additional Requirements and Restrictions:
- State Laws: States may have additional requirements, such as waiting periods, background checks, or restrictions on certain types of firearms.
- Prohibited Persons: Certain individuals, such as convicted felons, domestic abusers, and those with certain mental health conditions, are prohibited from purchasing firearms.
Tips for Buying a Gun with a Passport
- Check state laws: Research the specific firearm laws in your state to ensure you meet all requirements.
- Contact the dealer: Confirm with the licensed dealer that they accept a passport as identification for firearm purchases.
- Gather necessary documents: In addition to your passport, be prepared to provide proof of residency and any other required documentation.
- Understand the process: Familiarize yourself with the firearm purchase process, including the background check and ATF Form 4473.
FAQs Buying a Gun with a Passport
Generally, no. Firearm purchases are typically restricted to U.S. citizens and lawful permanent residents.
Yes, a passport card is a valid form of identification for firearm purchases.
No, individuals with felony convictions are prohibited from purchasing firearms.
If you are denied on a background check, you can contact the FBI NICS to appeal the decision.
It depends on the specific mental health condition and state laws. Some mental health conditions may disqualify you from purchasing a firearm.
You can purchase a rifle or shotgun at age 18 with a passport, but you must be 21 to purchase a handgun.
No, you must present the original passport document.
You can try contacting another licensed dealer or consult with an attorney who specializes in firearm laws.
You can find information about firearm laws on your state government’s website or the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Concealed carry laws vary by state. Some states may require a permit or license, while others may have restrictions based on immigration status.
