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Do US statutes allow people living in the country without legal permission to buy firearms?

Sunday, March 14, 2021
By Bakar Wilson
NO

Under a federal statute, it is unlawful for any person who is “illegally or unlawfully in the United States” to purchase or possess a firearm or ammunition.

In June 2019, the Supreme Court ruled that people living in the U.S. without legal permission cannot be prosecuted for gun possession if they:

  • did not know their immigration status was no longer legal.
  • did not know that possessing a firearm or ammunition as an undocumented immigrant was a crime.

In March 2021, a Republican House member introduced an amendment to pending background-check legislation that would require immigration authorities to be notified when a background check was requested for a person living in the U.S. illegally. The amendment was rejected by the Democratic majority.

This fact brief is responsive to conversations such as this one.
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