Immigrants and self defense

[Deleted member 67409]

The law states has a hunting license. It does not even have to be valid for use in the state(s) the immigrant is visiting.

It also doesn't limit gun ownership to the kind of guns required for hunting.

I read the text of 18 USC 922(y)(2).

(2)Exceptions.—Subsections (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—

(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

The exception only applies if the alien is: (1) lawfully in the US; (2) on a nonimmigrant visa; (3) is in the US, like I said, for hunting or sporting purposes; or (4) or has possession of a "lawfully issued" hunting license. The "lawfully issued" part strongly indicates that an invalid or expired license does not allow possession by an alien. Take a look at United States v. Deravin, 234 Fed. App'x. 677, 678 (9th Cir. 2007) - an alien can't buy a gun with a hunting license, let the hunting license lapse, and then remain in possession based on the expired hunting license.

I took a look at cases citing the statute and there's no 1st Circuit case law about 922(y)(2) and temporary aliens with hunting licenses (caveat: IANAL). Permanent aliens are fine, Fletcher v. Haas, 851 F. Supp.2d 287, 305 (D. Mass. 2012). So this would be a test case in the 1st Circuit (note: I'm sure other circuits have case law on this point, but that's research someone else can do because I'm not being paid or assigned or volunteering to research further and raise questions of unauthorized practice of law) and I'm sure OP's friend doesn't want to be that.

 

[fencer]

He should have his girlfriend legally obtain a firearm. If the situation were to arise that his only options were self defense or death, he should be less concerned about the consequences.
IANAL but a good one should be able to argue that if faced with armed home invasion, whether he grabbed his girlfriends revolver or her aluminum softball bat for self defense, is immaterial.
Citizen or not, licensed or not, the only reason a person should use a firearm for self defense is if they truly feel that if they do not, they have a good chance of not living to tell the tale. Sure, this could lead to a legal mess. But I think any reasonable person, forced to choose between potential prison time, or having to make funeral arrangements for someone you love, should take their chances with the courts.

As for the OP's other friend, who had a kilo of heroin delivered in error, he should GTFO of whatever shithole neighborhood in Providence he lives in, because chances are that one of his neighbors with an address that is one digit off from his own, is a drug dealer. In fact, if he thinks about it, he probably has a pretty good idea which neighbor it is. Unless the package was addressed to Elm St. and the intended recipient was on Elm ave. It is pretty safe to say that you are much more likely to get caught up in BS drug crimes, if you live near drug dealers.