Store Policy for Nonimmigrant Visa Holders Purchasing Firearms

Policy Overview: This policy outlines the procedures and requirements for nonimmigrant visa holders wishing to purchase firearms at our store, in compliance with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations and the ruling last reviewed on January 9, 2020. This policy also includes terms related to special orders, background checks, and restocking fees.

1. Legal Compliance with ATF Ruling:

In accordance with the ATF ruling (last reviewed January 9, 2020) ATF Nonimmigrant Visa FAQ, nonimmigrant visa holders (foreign nationals temporarily admitted to the United States under a nonimmigrant visa) are generally prohibited from purchasing firearms and ammunition, unless they qualify for an exemption. These exemptions are specific and may include:

  1. Holders of a valid hunting license or permit issued by a state in the U.S.
  2. Diplomatic visa holders, among other exceptions as specified by the ATF.

Nonimmigrant visa holders must present valid documentation that meets the requirements outlined by the ATF, including evidence of exemption if applicable, before proceeding with a firearm purchase.

2. Special Orders:

For firearms that are not in stock and must be special order, the following conditions apply:

  1. Deposit: A 50% deposit is required at the time of ordering a special order firearm. This deposit secures the order and ensures that the firearm will be reserved for the customer.
  2. Final Payment: The balance of the purchase price is due upon pickup of the firearm.

3. Background Check and Waiting Period:

  1. Background Check: A mandatory background check will be performed only if the customer does not possess a valid Texas License to Carry (LTC). This process is in compliance with federal regulations.
  2. Waiting Period: Per ATF guidelines, if the background check is delayed, customer will be required to wait a maximum of 3 business days.
  3. Denial of Background Check: If the background check is denied, the customer will be notified, and the firearm cannot be released. A refund, minus any applicable restocking fees (outlined below), will be issued for the special order firearm.

4. Cancellation and Restocking Fees:

  1. Customer Cancellation or Change of Mind: If the customer changes their mind after placing a special order, a 10% restocking fee of the firearm’s total price before tax will apply. This fee is intended to cover the costs associated with processing and handling the order.
  2. Background Check Denial: If the background check results in a denial and the customer is unable to proceed with the purchase, a 10% restocking fee of the firearm’s total price before tax will be applied to special order firearms. The remaining balance of the deposit will be refunded.

5. Documentation Requirements:

For nonimmigrant visa holders wishing to purchase a firearm, the following documentation must be provided:

  1. A valid nonimmigrant visa (e.g., B-1/B-2, F-1, J-1).
  2. Proof of exemption if applicable (e.g., U.S. hunting license, diplomatic status).
  3. Any additional documentation required by federal law or the ATF.

6. Refunds and Store Credits:

  1. No refunds other than stated above will be accepted after firearms have been transferred to the customer.

7. Compliance Assurance:

Our store is committed to ensuring full compliance with all federal laws and ATF regulations regarding firearm sales to nonimmigrant visa holders. We will review this policy periodically to ensure adherence to any changes in ATF rules or regulations.

This policy ensures that our firearm sales comply with the ATF ruling and applicable legal requirements while protecting both the customer and the store.

For further information, please refer to the ATF ruling reviewed on January 9, 2020, available at ATF.gov.