Bureau of Alcohol, Tobacco, Firearms and Explosives June 7, 2012 – Federal Register Recent Federal Regulation Documents

Residency Requirements for Aliens Acquiring Firearms (2011R-23P)
Document Number: 2012-13770
Type: Rule
Date: 2012-06-07
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by removing the 90-day State residency requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens. In addition, upon the effective date of this interim final rule the provisions of ATF Ruling 2004-1 will become obsolete.
Firearms Disabilities for Certain Nonimmigrant Aliens (2001R-332P)
Document Number: 2012-13762
Type: Rule
Date: 2012-06-07
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
In 2002, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published an interim final rule implementing the provision of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, relating to firearms disabilities for certain nonimmigrant aliens. That regulation implemented the law by prohibiting, with certain exceptions, the sale or disposition of firearms or ammunition to, and the possession, shipment, transportation, or receipt of firearms or ammunition by, nonimmigrant aliens. The Department of Justice has now determined that the relevant statutory prohibitions on transfer and possession of firearms and ammunition apply only to nonimmigrant aliens who were admitted to the United States under a nonimmigrant visa, and that the prohibitions do not apply to nonimmigrant aliens who lawfully entered the United States without a visa. The Department is therefore issuing this rule to make conforming changes to the regulations, so that the regulations are consistent with the Department's current legal interpretation. This final rule addresses only the nonimmigrant alien visa issue. The remaining issues raised by the 2002 interim final rule, and the public comments submitted with respect to those issues, will be addressed in a separate forthcoming rule.