With stricter gun laws being put in place, the question is whether Deferred Action for Childhood Arrivals (DACA) recipients can buy a gun. The answer isn’t straightforward, but it also depends on where you live and your state’s specific gun laws. If you are a DACA recipient who wants to learn more about buying a gun or if you know someone who does and want to know what you need to know about the new gun laws, keep reading!
Can A Daca Recipient Buy A Gun?
The Trump administration rescinded this policy in September 2017. The Department of Homeland Security issued guidance to federal law enforcement agencies on September 5, 2017, stating that DACA recipients are eligible to buy firearms as long as they are legally permitted to purchase them under their state or local laws. The guidance also stated that DACA recipients are not eligible to serve in any capacity with federal law enforcement agencies.
Are Daca Recipients Can Buy Guns?
- If you are a DACA recipient, you are not prohibited from buying a gun.
- If you pass a background check, then the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will send your fingerprints to the FBI. The FBI will conduct a background check to determine whether you are eligible to buy a gun from an FFL (Federal Firearms License) dealer.
- If your name is on the ATF’s National Instant Criminal Background Check System (NICS), then the FBI will not allow you to purchase a gun from an FFL dealer until you remove your name from NICS. There is no time limit on how long it takes for your name to be removed from NICS. However, if your name is removed before an FFL dealer can process and approve your application, then that dealer cannot sell or transfer that gun to anyone else while it is still under this restriction.
- The NICS system has been in place since 1998. It is an automated system that checks the FBI’s records on individuals who are prohibited from buying guns. If you want to buy a gun, you must submit your fingerprints to NICS. The FBI will check its records and determine whether you are eligible to buy a gun.
- The background check takes approximately three days, but it can take longer if the FBI has to do additional checks on your name or if there are problems with your submission of information (for example, if the FBI cannot identify you). If the NICS background check shows that you are prohibited from buying a gun, then the FFL dealer cannot sell or transfer that gun until it is removed from NICS.
- The FBI does not have to inform anyone about whether or not you passed a background check for them to sell or transfer that gun to someone else during this period of time when it is still under restriction because of your name being on NICS. However, some FFL dealers may ask that you provide them with proof of your identity (for example, a driver’s license or passport).
- If the NICS background check shows that you are not eligible to buy a gun, then the FFL dealer can sell or transfer the gun to someone else during this period of time when it is still under restriction because of your name being on NICS.
- If the FBI determines that you are ineligible to buy a gun from an FFL dealer, then it will notify the FFL dealer and remove your name from NICS. The FFL dealer can then sell or transfer the gun to someone else during this period of time when it is still under restriction because of your name being on NICS.
- There is no time limit on how long it takes for your record to be removed from NICS after the FBI has notified an FFL dealer that you are no longer prohibited from buying a gun. However, if an FFL dealer sells or transfers a gun to you before the FBI has notified the FFL dealer that you are no longer prohibited from buying a gun, then the FFL dealer must notify you that the gun is not under restriction and can be sold or transferred to someone else.
- If you have never passed a background check before, then your name will still be on NICS until it is removed from NICS by passing a background check for a period of time equal to the time that it would take for your name to be removed from NICS if it had never been submitted in the first place.
What Does DACA Stand For?
- Deferred Action for Childhood Arrivals (DACA) is a policy that the Obama administration created to protect undocumented immigrants who came to the United States as children from deportation.
- DACA grants temporary protection from deportation and work authorization to certain undocumented immigrants who arrived in the United States before age 16 and meet certain other conditions.
- The Trump administration announced on September 5, 2017, that DACA recipients are eligible to buy firearms as long as they are legally permitted to purchase them under their state or local laws. The guidance also stated that DACA recipients are not eligible to serve in any capacity with federal law enforcement agencies.
- DACA recipients are not eligible to serve in any capacity with federal law enforcement agencies.
- DACA is a grant of relief from deportation and work authorization, not a grant of citizenship or lawful permanent residence, and does not provide an individual with the right to live and work permanently in the United States. The DACA program has two primary goals: first, it provides temporary relief from deportation for certain undocumented immigrants who came to the United States as children; second, it provides labor certification for certain undocumented immigrants so that they can legally work in the United States.
Final Words
When it comes to buying a gun, there are federal laws and there are certain state laws that may apply to DACA recipients. If you are a DACA recipient and want to buy a gun, you will have to meet federal requirements, such as passing a background check, and you may have to meet certain state requirements, such as passing a special background check. If you have a criminal record or if you fall into one of the other prohibited groups, you may be able to get your conviction expunged or get your record sealed so you can buy a gun. If you are a DACA recipient and you want to buy a gun, you should contact your state’s Department of Justice to see if you have to get a special background check before you can buy a gun.
