Non resident alien borrowing rifle in Montana legality

devon deer · Aug 28, 2014

As i live in the UK i have to apply to the BATF for them to grant me permission to 'temporarily import' my rifle whilst hunting.
They must be busy as this time compared to the last time i visited Montana they were very quick in granting me permission.

So in theory can i legally borrow a rifle in Montana?
A kind chap on here has offered to lend me a rifle but if i am separated from him at any time and be discovered by the long arm of the law carrying the gun am i in deep do-do?

Cheers

Richard

sbhooper · Aug 28, 2014

I would say that you are just fine, as long as you can get in contact with the owner so that he can verify it if needed. I doubt that you will have any problems, anyway.

GSP4EVER · Aug 28, 2014

Thinking like a game warden (or other officer for that matter) should, I would think that if you are in the act of hunting and have a hunting license, it shouldn't be any problem. If everything is order and no game violations have happened, they shouldn't even give a second thought about the rifle. Although I did find this on the web: http://www.law.cornell.edu/uscode/text/18/922 and I copy and pasted the important part that starts "It shall be unlawful"

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Hopefully you get yours cleared to go on the hunt with you. Good luck with your hunt! Hope this helps.

genesis273 · Aug 28, 2014

I posted the same time as GSP above, so my original post is irrelevant. His pretty much sums it up.

kansasdad · Aug 28, 2014

Richard I might suggest that if the borrowing scenario is necessary that you carry a signed note from the owner of the firearm granting you permission to carry/use the firearm in question. If questioned about it in the field, then you can produce the document and show you are in possession of the rifle with the knowledge and permission of the owner of said gun, instead of the tip of the spear of an invading horde of Proper Englishmen bent on the conquest of Montana.

devon deer · Aug 28, 2014

Many thanks chaps, great advice as usual.
Hopefully i will get to bring my own gun, not many weeks left now!
Cheers
Richard

devon deer · Jun 3, 2018

I hope you don't mind me resurrecting this thread.
There are rumblings that certain airlines using Heathrow airport have started to refuse to take firearms, (although at the moment USA is ok) I have always used Delta in the past to fly to Montana, and plan on doing so again later this year, currently they are not imposing any restrictions, but of course they might follow suit in the next few months and myself and party members could find ourselves in a very difficult position, get to Montana with no rifles.
Is the above advice still correct?
If it is then we have a problem of borrowing rifles for our hunt!
Hopefully Delta won't be drawn into this crazy situation.
Cheers
Richard

dirtclod Az. · Jun 3, 2018

Really 4yrs later?

Ben Long · Jun 3, 2018

It's Montana. If you buy a wolf tag or promise to shoot a coyote or two they will probably give you a medal to go with your borrowed gun. Seriously though, if you end up in the Flathead, drop me a line.

muskeg · Jun 3, 2018

I have been through this in Alaska … it is illeagal for you to posses a weapon as a non-US resident unless you have the BATF permit for your weapon or what weapon you are going to posses.

Just give the Feds a call and ask.

Kiwi · Jun 4, 2018

Pretty sure you can borrow a rifle. See this link - https://www.atf.gov/firearms/qa/can...igrant-alien-visa-rent-firearm-lawful-hunting

devon deer · Jun 4, 2018

And that is precisely why I am asking, a lot can happen in 4 years!

dirtclod Az. said:
Really 4yrs later?

I would love to shoot a Coyote, it's on my bucket list....and a wolf!
Many thanks for the offer Ben, lets just hope it doesn't come down to that, you guys are so helpful.

Ben Long said:
It's Montana. If you buy a wolf tag or promise to shoot a coyote or two they will probably give you a medal to go with your borrowed gun. Seriously though, if you end up in the Flathead, drop me a line.

In my case its a form 6A that I get emailed to me from the ATF, I always have it with me.

muskeg said:
I have been through this in Alaska … it is illeagal for you to posses a weapon as a non-US resident unless you have the BATF permit for your weapon or what weapon you are going to posses.

Just give the Feds a call and ask.

Thanks Kiwi, so it all looks good, but if it all goes tits up I will get it in black and white via email from the ATF,they have always been really helpful in the past.

Kiwi said:
Pretty sure you can borrow a rifle. See this link - https://www.atf.gov/firearms/qa/can...igrant-alien-visa-rent-firearm-lawful-hunting

Cheers

Richard

muskeg · Jun 4, 2018

The person that 'rents' you the weapon must have an FFL license and be in the weapons rental business.

I would just give an ATF officer a call and ask your question.

AvidIndoorsman · Jun 4, 2018

All you need to have is a hunting license to borrow or rent a firearm in the US. I have gone through this with a buddy from Denmark.

Also, if you are a Resident Alien, for example have a F non immigrant visa and have a hunting license you can buy a firearm in the US.

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

(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official 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.

Doublecluck · Jun 4, 2018

Montana is a still a free country man... lol.. I don’t know the legal answer, but I have yet to run in to any law enforcement in Montana who when greeted and interacted with repectfully are out to get a otherwise law abiding dude on some technical bs.. Unless law enforcement had a reason to ask, I don’t even think the question would come up.

Sytes · Jun 4, 2018

wllm1313 said:
All you need to have is a hunting license to borrow or rent a firearm in the US. I have gone through this with a buddy from Denmark.

Also, if you are a Resident Alien, for example have a F non immigrant visa and have a hunting license you can buy a firearm in the US.

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(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official 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.

This quote for possessing a firearm in the US as a non immigrant.
To enter (and leave) the US with an authorized firearm, one must have the ATF form 6NIA.

(Side note: an F Visa is a non immigrant study visa, Sevis validated. They fall under the same category as a visitor within the US. They do not hold the same privileges as a Resident Alien - LPR)

AvidIndoorsman · Jun 4, 2018

Sytes said:
(Side note: an F Visa is a non immigrant study visa, Sevis validated. They fall under the same category as a visitor within the US. They do not hold the same privileges as a Resident Alien - LPR)

Totally agree... definitely had a buddy purchase a shotgun 3 years ago with that visa and a hunting license in MT.

His visa was for the spouse of a student, F-2??, and he was told by the ATF that because he was not 'the student' and had lived in the US for 31 consecutive days he had passed the substantial presence test and could purchase a firearm provided he had a hunting license.

I'm not an immigration expert and everyone should contact the ATF about their specific circumstances, but I have legally lent, and had knowledge of someone purchasing a firearm for hunting who was temporarily in the United States. I was actually surprised about how quick and painless the process was.

cgarner · Jun 4, 2018

Nice to hear some states are still free. CA sucks when it comes to common sense.

.270Rem · Jun 4, 2018

While you still have some time before your trip, consider sending an email to Montana FWP and ask them to clarify for you what they want to see if they stop you. My guess is you will probably be fine to borrow a friend's firearm, but they make the rules and enforce them so I would reach out to them just to be thorough.

And it is Montana, so you will probably be just fine.

Dan O · Jun 4, 2018

If in doubt and the ATF doesn't respond contact the US Attorneys Office in Billings, Mt and ask them. They would be the one that would prosecute you if there was a violation of federal law.

Dan

Non resident alien borrowing rifle in Montana legality

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