Can a green card holder or non-citizen buy a gun in California?

Section 922(g)(5) makes it unlawful for two categories of non-citizens to possess or receive firearms or ammunition. The first is anyone unlawfully in the United States. The second is anyone admitted on a nonimmigrant visa, unless an exception applies. A matching rule in section 922(d)(5) prohibits selling to people in those categories.

Lawful permanent residents are not in either category. The Form 4473 instructions for question 21.m say that permanent resident aliens, and people admitted under the Visa Waiver Program or rules that exempt them from visa requirements, may answer "no" to the nonimmigrant visa question.

All the other federal prohibitions, such as those tied to felony convictions or restraining orders, apply to everyone regardless of citizenship.

The Form 4473 instructions for question 26.d list the exceptions drawn from section 922(y). A person admitted on a nonimmigrant visa is not prohibited if the person:

• holds a valid, unexpired hunting license or permit lawfully issued by the federal government, a state or local government, or a federally recognized tribe;
• was admitted for lawful hunting or sporting purposes;
• has received a waiver from the U.S. Attorney General;
• is an accredited official representative of a foreign government, or a designated foreign official or distinguished visitor; or
• is a foreign law enforcement officer of a friendly government on official business.

Under 27 CFR 478.124(c)(3)(iii), a buyer who claims an exception must present documentation of it, and the dealer notes the document type on the form and attaches a copy.

The form asks for country of citizenship. Question 20 then asks any non-citizen to record a U.S.-issued alien or admission number. The instructions say these numbers appear on Department of Homeland Security documents such as a permanent resident card or employment authorization card (AR# or USCIS#) or an arrival and departure record (I-94 number). The federal regulation at 27 CFR 478.124(c)(1) requires the number on the form.

Federal law also ties dealer sales to the buyer's state of residence. Under 27 CFR 478.11, a person resides in a state if present there "with the intention of making a home in that State." The regulation gives the example of a non-citizen on a three-week vacation, who does not have a state of residence.

California adds its own steps through the Dealer's Record of Sale (DROS) process. They apply to every buyer.

• California ID. The buyer must show a valid California driver's license or DMV identification card (Penal Code 16400, 26815). The DOJ FAQ says temporary licenses are not accepted.
• Proof of lawful presence. The DOJ FAQ says non-citizens must provide documentation containing an Alien Registration Number or I-94 number.
• "Federal Limits Apply" licenses. If the California license or ID carries that notation, DOJ regulation 11 CCR 4045.1 requires an added document. The regulation's list includes a valid, unexpired Permanent Resident Card, and a valid foreign passport with a valid U.S. immigrant visa and approved I-94.
• Handgun residency proof. A handgun cannot be delivered without documentation of California residency, such as a utility bill from the last three months, a residential lease, or a property deed (Penal Code 26845).
• Firearm Safety Certificate. The buyer must present a valid FSC (Penal Code 26840). The DOJ FSC FAQ describes a 30-question test with a passing score of 23.
• Age and waiting period. The DOJ FAQ states that dealers generally may not sell a firearm to anyone under 21, and delivery waits 10 days.