{"id":15670,"date":"2020-07-01T10:00:49","date_gmt":"2020-07-01T15:00:49","guid":{"rendered":"https:\/\/www.thedustininmansociety.org\/blog\/?p=15670"},"modified":"2020-07-01T10:00:49","modified_gmt":"2020-07-01T15:00:49","slug":"18-usc-922-y-g-firearms-daca","status":"publish","type":"post","link":"https:\/\/www.thedustininmansociety.org\/blog\/2020\/07\/01\/18-usc-922-y-g-firearms-daca\/","title":{"rendered":"18 USC 922 (y) & (g) firearms — DACA"},"content":{"rendered":"

18 USC 922<\/strong>
\nhttps:\/\/www.govinfo.gov\/content\/pkg\/USCODE-2011-title18\/pdf\/USCODE-2011-title18-partI-chap44-sec922.pdf<\/a>
\n(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.\u2014<\/strong><\/p>\n

(1) DEFINITIONS.\u2014In this subsection\u2014<\/p>\n

(A) the term \u2018\u2018alien\u2019\u2019 has the same mean- ing as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))<\/a>; and (B) the term \u2018\u2018nonimmigrant visa\u2019\u2019 has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
\n1101(a)(26)).
\n(2) EXCEPTIONS.\u2014Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is\u2014<\/strong>
\n(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;<\/strong>
\n(B) an official representative of a foreign government who is\u2014
\n(i) accredited to the United States Government or the Government\u2019s mission to an international organization having its headquarters in the United States; or
\n(ii) en route to or from another country to which that alien is accredited;
\n(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
\n(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
\n(3) WAIVER.\u2014
\n(A) CONDITIONS FOR WAIVER.\u2014Any individual who has been admitted to the United States under a nonimmigrant visa may re- ceive a waiver from the requirements of sub- section (g)(5), if\u2014
\n(i) the individual submits to the Attor- ney General a petition that meets the re- quirements of subparagraph (C); and
\n(ii) the Attorney General approves the petition.
\n(B) PETITION.\u2014Each petition under sub- paragraph (B) shall\u2014
\n(i) demonstrate that the petitioner has resided in the United States for a continu- ous period of not less than 180 days before the date on which the petition is submit- ted under this paragraph; and
\n(ii) include a written statement from the embassy or consulate of the petitioner, au- thorizing the petitioner to acquire a fire- arm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be pro- hibited from such acquisition under sub- section (g).
\n(C) APPROVAL OF PETITION.\u2014The Attorney General shall approve a petition submitted in accordance with this paragraph, if the At- torney General determines that waiving the requirements of subsection (g)(5)(B) with re- spect to the petitioner\u2014
\n(i) would be in the interests of justice; and
\n(ii) would not jeopardize the public safe- ty.
\n_______<\/p>\n

(g) It shall be unlawful for any person\u2014
\n(1) who has been convicted in any court of, a crime punishable by imprisonment for a term
\nexceeding one year;
\n(2) who is a fugitive from justice;
\n(3) who is an unlawful user of or addicted to
\nany controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
\n(4) who has been adjudicated as a mental de- fective or who has been committed to a men- tal institution;
\n(5) who, being an alien\u2014
\n(A) is illegally or unlawfully in the United
\nStates; or
\n(B) except as provided in subsection (y)(2),
\nhas been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(26)));
\n(6) who has been discharged from the Armed Forces under dishonorable conditions;
\n(7) who, having been a citizen of the United States, has renounced his citizenship;
\n(8) who is subject to a court order that\u2014
\n(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to
\nparticipate;
\n(B) restrains such person from harassing,
\nstalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other con- duct that would place an intimate partner in reasonable fear of bodily injury to the part- ner or child; and
\n(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
\n(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner
\n\u00a7922 TITLE 18\u2014CRIMES AND CRIMINAL PROCEDURE Page 212
\nor child that would reasonably be expected to cause bodily injury; or
\n(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
\nto ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.<\/p>\n","protected":false},"excerpt":{"rendered":"

18 USC 922 https:\/\/www.govinfo.gov\/content\/pkg\/USCODE-2011-title18\/pdf\/USCODE-2011-title18-partI-chap44-sec922.pdf (y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.\u2014 (1) DEFINITIONS.\u2014In this subsection\u2014 (A) the term \u2018\u2018alien\u2019\u2019 has the same mean- ing as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and (B) the term \u2018\u2018nonimmigrant visa\u2019\u2019 has the same meaning as in section 101(a)(26) of the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/15670"}],"collection":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/comments?post=15670"}],"version-history":[{"count":2,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/15670\/revisions"}],"predecessor-version":[{"id":15675,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/15670\/revisions\/15675"}],"wp:attachment":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/media?parent=15670"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/categories?post=15670"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/tags?post=15670"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}