18 U.S.C. 922(g)(5) generally prohibits firearm or ammunition possession by a person unlawfully in the United States and by a person admitted under a nonimmigrant visa, subject to specified exceptions. It does not treat every noncitizen as prohibited merely because the person lacks citizenship. [1]
Check the actual immigration category
A lawful permanent resident is different from a visitor admitted under a nonimmigrant visa. Visa-free admission can also require a different analysis. The regulatory definitions and the person’s actual status and admission history matter. [2]
The hunting-license exception is not universal
Section 922(y) provides exceptions for certain nonimmigrant-visa holders, including a qualifying lawful hunting or sporting admission or a hunting license or permit lawfully issued in the United States. That exception does not generally cure a separate prohibition based on unlawful presence or another disqualifying category. [1]
For example, obtaining a hunting license does not automatically make every noncitizen eligible to buy or possess a firearm.
Possession extends beyond purchase
The issue can arise from access to a household gun or ammunition, not just buying from a dealer. State law and other federal prohibitions must also be checked. A dealer’s transaction decision is not a complete legal opinion on every possession circumstance.
Do not assume a temporary benefit cures the firearm issue
Deferred action, a pending residence application, an employment card, and lawful permanent residence are different immigration facts. The firearm regulation and statute must be applied to the particular person’s position; a work permit is not a general firearms authorization. Section 922 also contains an exception and waiver structure for the nonimmigrant-visa provision, but it does not convert every other immigration category into an eligible one. If status changes, review when that change legally took effect and whether another prohibition remains. A previously approved background check should not be treated as permanent clearance for later possession under materially different facts. [1] [2]
Before handling firearms, review admission records and any current immigration orders with qualified counsel. Compare gun purchases by green-card holders and firearms in checked airline baggage; transport compliance does not cure prohibited possession.
Primary sources
Sources checked: October 31, 2026.