Dateline: 02/07/02

Under a temporary rule issued by the Bureau of Alcohol, Tobacco and Firearms (ATF), nonimmigrant aliens in the United States will be prohibited from buying, selling or possessing firearms and ammunition beginning Feb. 19, 2002.

Citing national security and public safety as justification for the action, ATF announced it will also require nonimmigrant aliens to obtain import permits to bring firearms and ammunition into the United States for hunting or sporting purposes.

Nonimmigrant aliens are persons seeking temporary entry into the U.S. for specific purposes. Most nonimmigrant aliens enter the U.S. under temporary student or work visas. The complete list of nonimmigrant classifications as issued by the Immigration and Naturalization Service (INS) includes: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others.

Several of the airline hijackers involved in the Sept. 11, 2001 terrorist attacks were found to have entered the U.S. under temporary visas that were either falsified or had expired.

The original law prohibition gun ownership by nonimmigrant aliens was enacted in 1998, but ATF had been prevented from enforcing it due to discrepancies with immigration laws and the inability of the National Criminal Instant Background Check system to access INS data on aliens. The importance of resolving both problems gained added weight as a result of the Sept. 11 attacks.

Notice and full text of the temporary rule, which takes effect on Feb. 19, 2002, were published in the Federal Register -- Vol. 67, No. 24 -- Tuesday, Feb. 5, 2002. The temporary rule will remain in effect until superceded by final regulations. 

The temporary regulations also serve as notice of proposed rulemaking for final regulations. ATF will accept public comments on the temporary regulations until May 6, 2002. 

To submit comments: Written comments must be received on or before May 6, 2002. Written comments must be signed, and may be of any length.

Send written comments to: Chief, Regulations Division; Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091-0221; ATTN: Notice No. 935

E-mail comments: may be submitted to: nprm@atfhq.atf.treas.gov. E- mail comments must contain your name, mailing address, and e-mail address. They must also reference this notice number and be legible when printed on not more than three pages 8-1/2" x 11" in size. ATF treats e-mail as originals and will not acknowledge receipt of e-mail.

For further information, contact: James P. Ficaretta, Regulations Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8210).