Guns and US Aliens - international non-resident cross border income tax help estate family trust assistance expert preparation &


In the email below you made the statement ...

"If you are a target shooter with guns, for instance,
you will be more comfortable in Detroit."

As a US resident with green card, I have always
thought that until I became a citizen, gun usage and
ownership were illegal.

I personally do not care since I don't have a gun nor
plan to, nor go shooting.

Just a curious question.


david ingram replies:

I have always understood that anyone in the US legally can possess a long gun.  I have known dozens of Canadians who have taken their guns with them with no problem and do not remember a single individual who was stopped from taking a long gun into the US with his or her settler's effects.

Let me know if you find something that bars you Federally.  It is quite possible that an individual state has a citizenship law that I have not heard of but the following two items seem to indicate that green card holders can have a gun at the very least.

United States Code states precisely that the militia is all male citizens and resident aliens at least 17 up to 45 with or without military service experience, and including additionally those under 64 having former military service experience, as well as including female citizens who are members of the National Guard. (Note: previously, only female citizens who were officers of the National Guard were included in this definition; this was changed to include all female citizens in 1993.) [6]. However, this position ignores the fact that this reference to federal entities, specifically the National Guard, does not appear in U.S. Federal Code until 1903[7] and thus cannot be said to be concurrent with the original intent of Second Amendment. Some people argue about even the number of commas in the amendment. Also, there is considerable disagreement about the organized militia and the unorganized militia and their relationship to the Second Amendment. Does the right pertain to only organized, well-regulated militias or all citizens? [8]

Go to

for the federal rules.  I will not even attempt to cover the 50 states.

Ineligible Persons

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

  • Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
  • Fugitives from justice.
  • Unlawful users of certain depressant, narcotic, or stimulant drugs.
  • Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
  • Illegal aliens.
  • Citizens who have renounced their citizenship.
  • Those persons dishonorably discharged from the Armed Forces.
  • Persons less than 18 years of age for the purchase of a shotgun or rifle.
  • Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
  • Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
  • Persons convicted in any court of a misdemeanor crime of domestic violence.

Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.

Acquiring Firearms

The following restrictions apply to firearms acquired through purchase, trade, receipt of gifts, or by other means.

From Dealers

Provided that federal law and the laws of both the dealer's and purchaser's states and localities are complied with:

  • An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual's state of residence
  • An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state

It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee receives notice of approval from a prescribed source approving the transfer.

Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the Federal Bureau of Alcohol, Tobacco and Firearms. Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year's imprisonment.

In reference
--- US / Canada Income Tax Help - CEN-TAPEDE
<[email protected]> wrote:

> ------------------------------------------> Sent:
Sunday, February 04, 2007 5:08 AM
> To: [email protected]
> Subject: US USA / CANADA Income Tax Help - Escaping
> Canadian Tax
> Hello,
> I saw an answer you posted in December and gather
> you are a
> CAN-US taxation expert.  I will have need of such
> expertise when
> I file my 2007 tax return.
> I was hoping you could point me in the right
> direction insofar as
> my situation is concerned.  I am presently a
> Canadian, in terms
> of citizenship and residency.  I have been offered a
> position in
> Detroit with an income of ~$100K USD.  I'm also
> planning on
> purchasing a house.
> I am considering living in Windsor but working in
> Detroit, to
> benefit from the additional purchasing power of
> making US$ and
> spending CDN$.  However, it occurs to me that with
> taxation, I
> may actually be losing big if I do this.
> Can you suggest some factors that I should consider
> and resources
> I should consult?
> Sincerely,
> david ingram replies:
> The only way for you to decide is to analyse the
> cost of the
> housing, the commute time, the cost of the commute
> and the after
> tax dollar you will receive.
> In general if you are married and your spouse does
> not work, your
> tax will be lower in Detroit than Canada because of
> the joint tax
> return.
> On the other hand, if you are single and are paying
> cash for your
> house, the difference in your personal income tax
> will not be big
> enough to worry about where you are living because
> of tax.  You
> will pick amenities and quality of life.  If you are
> a target
> shooter with guns, for instance, you will be more
> comfortable in
> Detroit.
> The only way to tell is to prepare pro-forma returns
> showing the
> "what if" of both scenarios.
> In the meantime, goto and read the Nov
> 2001
> Newsletter in the top left hand box to get ideas
> about how to
> make your mortgage interest deductible in Canada.
> Canadian Tax is not necessarily higher than the US
> anymore.  When
> you add ALL the taxes including CPP, EI, Medicare
> and US FICA
> (Social Security) plus State, Federal, and
> Provincial taxes, a
> single person paying rent almost always pays more
> tax in the US
> now.
> -
> ------------------------------------------------
> David Ingram's US / Canada Services
> US / Canada / Mexico tax, Immigration and working
> Visa
> Specialists
> US / Canada Real Estate Specialists
> My Home office is at:
> 4466 Prospect Road
> North Vancouver,  BC, CANADA, V7N 3L7
> Cell (604) 657-8451 -
> (604) 980-0321 Fax (604) 980-0325
> Calls welcomed from 10 AM to 9 PM 7 days a week
> Vancouver (LA)
> time -  (please do not fax or phone outside of those
> hours as
> this is a home office)
> email to [email protected]
> Disclaimer:  This question has been answered without
> detailed
> information or consultation and is to be regarded
> only as general
> comment.   Nothing in this message is or should be
> construed as
> advice in any particular circumstances. No contract
> exists
> between the reader and the author and any and all
> non-contractual
> duties are expressly denied. All readers should
> obtain formal
> advice from a competent and appropriately qualified
> legal
> practitioner or tax specialist for expert help,
> assistance,
> preparation, or consultation  in connection with
> personal or
> business affairs such as at If you
> forward this
> message, this disclaimer must be included."
> Be ALERT,  the world needs more "lerts"
> David Ingram gives expert income tax & immigration
> help to
> non-resident Americans & Canadians from New York to
> California to
> Mexico  family, estate, income trust trusts Cross
> border, dual
> citizen - out of country investments are all handled
> with
> competence & authority.
> Phone consultations are $400 for 15 minutes to 50
> minutes
> (professional hour). Please note that GST is added
> if product
> remains in Canada or a phone consultation is in
> Canada.
> This is not intended to be definitive but in general
> I am quoting
> $800 to $2,400 for a dual country tax return.
> $800 would be one T4 slip one W2 slip one or two
> interest slips
> and you lived in one country only - no self
> employment or rentals
> or capital gains - you did not move into or out of
> the country in
> this year.
> $1,000 would be the same with one rental
> $1,200 would be the same with one business no rental
> $1,200 would be the minimum with a move in or out of
> the country.
> These are complicated because of the back and forth
> foreign tax
> credits. - The IRS says a foreign tax credit takes 1
> hour and 53
> minutes.
> $1,500 would be the minimum with a rental or two in
> the country
> you do not live in or a rental and a business and
> foreign tax
> credits  no move in or out
> $2,400 would be all of the above and you moved in
> and out of the
> country.
> This is just a guideline for US / Canadian returns
> We will still prepare Canadian only (lives in
> Canada, no US
> connection period) with two or three slips and no
> capital gains,
> etc. for $150.00 up.
> With a Rental for $350
> A Business for $350 - Rental and business likely
> $450
> And an American only (lives in the US with no
> Canadian income or
> filing period) with about the same things in the
> same range with
> a little bit more if there is a state return.
=== message truncated ===>
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