In general, persons who have nonimmigrant status in the U.S. (examples: B, F, J, H, O, TN) are not permitted to possess or transport firearms or ammunition in the United States. The law provides for some exceptions for persons who wish to use firearms for sports or hunting or for those who are representatives of or employed by friendly foreign governments. In all cases, special permission must be specifically granted and cannot be assumed.

For the full text of the regulation see the Federal Register Notice of 05 February 2002, pages 5422-5427, at

http://www.atf.treas.gov/regulations/td471.pdf

For the Treasury notice regarding this regulation, see the Treasury press release at

http://www.atf.treas.gov/press/fy02press/020502alienfirearmregs.htm

For a copy of the new form that requires identification of aliens in a firearms transaction, see the Firearms Transaction Notice form at

http://www.atf.treas.gov/forms/4473/index.htm .

The language of the law was confusing and required extensive discussion and interpretation among the Department of Treasury, the Department of Justice, the Bureau of Citizenship & Immigration Services, and other affected government offices. The events of September 11 accelerated the pace of those discussions. The interim regulations have now been published and are in effect.

Duke’s international students and scholars come from diverse backgrounds with a wide range of interests and experiences. North Carolina state law and Duke University policy prohibit the possession of firearms on any university property, but many students and scholars live off campus. Sport shooting is becoming an increasingly popular pastime as evidenced by the increase in the number of shooting ranges in and near cities. Many people hunt as a sport. Some people wish to acquire firearms for personal protection.

We are providing this information so that members of our international community who have an interest in owning firearms will be aware of the restrictions and special procedures associated with that choice.

While the right of the people to bear arms is protected under the Constitution, Congress has the authority to pass laws regarding how that right is protected or limited relative to other rights and to the safety of the people. Note that the law does not completely forbid the possession of firearms. Instead, it sets strict limitations on who may possess them and under what conditions. Further, Congress has broad powers to limit the admission to and activities of aliens in the U.S.