43

I will be traveling to the United States soon (with an ESTA application). I come from an European country where firearms are forbidden. (For regular citizens.) I would really like to try it when I'll be in the US, but I don't know what the law says about that. I'll be in California.

  • Are tourists legally authorized to use firearms? In what conditions?

Assuming the answer is yes, where can/should I try? The only thing that comes to mind is the shooting range, but I don't know if there are other options.

Qwerty
  • 371
  • 1
  • 3
  • 5
  • Comments are not for extended discussion; this conversation has been moved to chat. – Mark Mayo May 05 '16 at 08:58
  • 2
    You can even try them out in Europe. There are plenty of shooting ranges and it is a tourist attraction in most former eastern block countries. – TomTom May 05 '16 at 09:33
  • 1
    Unlicensed ownership or possession may be forbidden, but it's unlikely that usage in a controlled enviroment is. Otherwise Europe would do a lot worse in the Olympics. – OrangeDog May 05 '16 at 13:44

4 Answers4

50

There are both legal and practical issues related to possessing a firearm in the United States for nonimmigrant aliens (visitors from other countries who are not attempting to migrate to the United States). The rules are complex and are dependent on your country of origin.

Here is a document from the Bureau of Alcohol, Tobacco, Firearms and Explosives which gives a rather complex explanation to the issue.

If you are admitted to the United States under a nonimmigrant alien visa then you may not possess a firearm unless you meet a certain set of exceptions. Two of those exceptions are you must have a hunting license issued by a government entity within the United States or be admitted to the United States for lawful hunting or sporting purposes.

If you are a nonimmigrant alien without a visa (e.g. your country participates in the Visa Waiver Program) then you may possess a firearm in the United States provided that you are not otherwise prohibited from doing so (typically a convicted criminal, mental defective or drug user).

There are also ITAR (International Traffic in Arms Regulations) rules that prevent anyone in the United States from providing instruction in the use of firearms to nonresident aliens. This is a little-known regulation that can get someone teaching about firearms in deep trouble.

Most gun ranges, especially in California, will not rent a firearm to a single person in order to reduce the probability of suicide. There was a rash of suicidal people who visited gun ranges, rented a gun and then shot themselves about 20 years ago. You'll now find that gun ranges as part of a "best-practices" approach to policies will no longer rent a firearm to a person who is alone and didn't already bring a firearm.

That's the legal stuff. I'm not a lawyer and can't and won't provide legal advice. I am, however, a professional firearms instructor and am in constant concern about keeping my business dealings legal.

From a practical perspective it is unlikely you will run into any problems unless you create problems. Assuming you are permitted to possess a firearm then you are legally allowed to rent a gun at a range and shoot all day long, if the range will rent you the gun.

Under current interpretation of ITAR it would be illegal for anyone to teach you about the gun, its operation or, probably even gun safety. Of course, nothing prevents you from watching any of the gun-related instructional videos on YouTube. From an advice perspective, this last part has me the most concerned. All of my students get very detailed instruction on gun safety and close supervision until I'm sure they can operate their firearm in a safe manner.

Please note that this answer only pertains to U.S. federal law. As others have pointed out in the comments one also has to be aware of individual state laws and regulations.

Dave D
  • 521
  • 3
  • 7
  • 1
    Under ITAR those posting gun-related videos are effectively exporting the materials so, at least in theory, they could get into trouble! – Spehro Pefhany May 04 '16 at 11:35
  • 4
    Does renting a gun also fall under possession in the states? I would assume the gun remains under the possession of the range. I mean, if you rent a house, you don't possess it, the landlord posesses it. – Nzall May 04 '16 at 13:15
  • 6
    If you have the gun then you possess it. Ownership is a different issue. – Dave D May 04 '16 at 13:33
  • 1
    Yes, there is a question of whether or not uploading an instructional video is a violation of ITAR. There are court cases related to ITAR and firearms related speech ongoing. – Dave D May 04 '16 at 13:34
  • Huh. I had no idea that all small arms were on the USML, but you're right. Yet another reason export reform is needed. And, yes, the punishment for ITAR violation can be rather severe: up to $1,000,000 fine or 20 years imprisonment. – reirab May 04 '16 at 15:38
  • 5
    @NateKerkhofs in New York law, at least, when you rent a house you possess it from the moment the landlord gives you the keys. The landlord owns it, but the tenant has possession. The landlord's right to enter the property without is very limited. – phoog May 04 '16 at 17:13
  • 2
    I doubt the question was about possessing. It was about trying it out. Even in Europe, where firearms are much more regulated than in the USA, one can try firearms at a club or shooting range, while being supervised. You are not allowed to bring them home / possess them personally without a license (and a good reason for having a license), but that doesn't stop you from trying them at a shooting range or maybe at an open day event at the local police or military station. – vsz May 04 '16 at 19:05
  • What kind of guns are they that training runs afoul of ITAR? I'm pretty sure training of foreigners falls under Part 125 "Licenses for the export of Technical Data", if anywhere, but 125.4(b)(6) exempts "Technical data, including classified information, related to firearms not in excess of caliber .50 and ammunition for such weapons, except detailed design, development, production or manufacturing information;" from the license requirement. – user38879 May 04 '16 at 20:07
  • 5
    @vsz - In the U.S., possession does not refer to ownership but to the physical attribute of in your control. It is illegal for a prohibited person, e.g., a convicted felon, to be in possession of a firearm. That means they can't touch one no matter who owns it, including a range. – Dave D May 04 '16 at 20:17
  • @Dennis - The NRA has been trying to get clarification on training for some time from the Department of State and their current recommendation to NRA certified instructors is to not train foreign nationals. The exemption you mention exempts firearm related information. "Defense Service" defined in 120.9 talks about assistance to foreign persons, including training, in the operation of defense articles and the military training of foreign units and forces. Department of State won't give a clear answer on whether basic firearms training is subject to control as a defense service. – Dave D May 04 '16 at 20:58
  • 11
    How the hell does making it illegal to teach people about gun safety make anyone safer? That's insane. – DCShannon May 05 '16 at 01:50
  • 3
    @DCShannon That provision is probably operating under the reasoning of "we don't want citizens of other countries to know how to operate our weapons in case they become our enemies or steal our technology". Overly broad, undoubtedly. However it does seem odd to me that a reputable firearms instructor or range owner would allow you to shoot (and provide the weapon) but not instruct you on basic gun safety... – TylerH May 05 '16 at 15:48
  • 2
    This is a huge problem in the firearms instructor community as well as for those concerned with constitutionally protected rights. Personally, I see the rule as an infringement on both my 1st and 2nd amendment rights. It got worse this past summer when the Department of State published changes to the regulations that make them even more strict and potentially impact anyone who posts a video to YouTube. (https://www.nraila.org/articles/20150807/freedom-advocates-pro-gun-senators-unite-to-oppose-the-obama-administration-s-attempt-to-censor-information-about-firearms-technology) – Dave D May 05 '16 at 17:21
  • 2
    It will depend also on state laws. I don't know about California, but in Washington state, if it's not legal for you to possess the weapon in your home country/state, it's not legal for you to possess it here. Don't ask me why; it seems the same as forbidding free speech to visitors from countries that don't recognize that right to me... Of course, with any of these laws, they have to catch you, so even if it seems legal, best not to take pictures or videos or talk about it online just to be safe. Especially where your home country may punish you when you return, I think some do that. – Perkins May 05 '16 at 19:49
  • @DCShannon Welcome to the majority of ITAR, which (for example) considers computer software and artillery to be exactly equivalent. – chrylis -cautiouslyoptimistic- May 13 '19 at 00:06
26

There are plenty of ranges nearby in Nevada that you can try. They are popular with European tourists. Locals would probably find them rather expensive. There are definitely also some in the Los Angeles area.

If you have some gun-owning friends in California you might want to ask them if they could take you to their range as a guest as it will almost certainly be cheaper and probably more enjoyable. Nobody is going to ask your citizenship if you come as a guest- you will not be buying firearms or ammunition (those would not be legal, though the latter is probably possible-don't do it) and your friend would take responsibility for making sure you handle the firearms safely.

You should at least reimburse your friend for the ammo you use- it's not cheap (especially larger calibers such as .40, 9mm and .45 ACP) and is sometimes hard to find (especially smaller calibers such as .22LR).

If you have some desire to fire fully automatic firearms you might have to go to Las Vegas. Indoor ranges may have restrictions on the caliber and type of projectile.

If you want to bone up, here are some manuals for training on firearms from a Canadian perspective. Non-Restricted firearms are generally rifles and shotguns ('long guns') in Canada and restricted are generally handguns and some semi-automatic rifles, but the US safety rules will be similar (safety is safety), except the Canadian rules on transport and storage will be far more restrictive. If you go into a range where tourists are the main customers you'll be closely supervised and have minimal safety training.

Spehro Pefhany
  • 17,032
  • 32
  • 68
10

I have friends in the US who operate ranges and training facilities, they get a lot of tourists and yes, they will show you how to operate a firearm in a safe environment, most ranges will (for a fee). Watching a Youtube video is NOT a good way to learn how to operate any firearm, it requires proper hands-on, supervised training. Taking a short-cut can and does cause serious injury and even on a well run range, accidents can happen, you will have to sign an insurance waiver. You will have to be accompanied and supervised and you will almost certainly be unable to legally purchase a weapon from any reputable dealer. You can find details of good range facilities from the NRA website.

Freiheit
  • 474
  • 4
  • 17
Pete Wales
  • 111
  • 3
  • 5
    BUt are any of those friends based in California? As I understand it, firearms regulations vary quite a lot by state. – CMaster May 04 '16 at 11:58
  • My mates are all further east You can ask the local police or sheriff, they will know of the best ones available as that will be where they go to practice. – Pete Wales May 04 '16 at 12:05
  • 4
    @PeteWales - I disagree with your remark to some extent. First, California is not known for being a gun friendly state, this includes local police forces. Second, police forces often have their own range facilities or exclusive contracts. There are better options to get this information – Freiheit May 04 '16 at 14:26
4

Depending on what firearms you want to try, California may be a big disappointment for you. California has the strictest firearms regulations in the United States, such that many iconic firearms are outright illegal or must have their functionality severely reduced.

As an analogy, imagine you live in a place where Ferraris or Lamborghinis are illegal and you had an opportunity to drive one in another country, but their laws require the engine to be replaced with an economical 3-cylinder model, and you are only allowed to drive in first or second gear. This will mirror your experience in California if you want to shoot most guns from TV/movies/videogames, with the exception of large-caliber revolvers (.44 magnum, etc.).

California law limits magazine capacity to 10 rounds, and requires many guns to be modified such that they cannot be reloaded without using tools to remove the magazine for reloading. In addition, full-auto and burst-fire functions are strictly prohibited, so only one bullet may be fired per pull of the trigger. There are also numerous restrictions on what kinds of accessories are allowed such as handgrips and the shape of the gun's stock.

With that said, many established indoor gun ranges will rent you guns and ammunition as long as you have a valid ID and bring a friend with you (they typically will not rent to a person arriving alone without a firearm of their own).

As for specific firearms recommendations, here are mine:

  • Start with a rifle and pistol in .22LR caliber and fire at least a few dozen rounds through each. This is the preferred caliber for first-time shooters because of its low cost and negligible recoil. Many guns in this caliber will be accurate and easy to handle.
  • Model 1911 pistol, .45ACP - a classic handgun with a long history. moderately heavy recoil.
  • Pump-action shotguns - you can try a 12 or 20 gauge with a variety of different types of shells. 20 gauge will have less recoil and a slightly smaller selection of shell types.
  • Revolvers - anything from the classic .38 snub-nosed "police special" up to the .44 Magnum "Dirty Harry"
  • Bolt action hunting/sniper rifles - these tend to have stiff recoil and require precise aim. They are very fun to shoot if you can have a friend teach you at an outdoor range that stretches to at least 100 yards. at a smaller indoor range, these guns will be very less fun to shoot due to the loud report and the complications of telescopic sights on close range targets.
  • Semiautomatic handguns and any modern "military-style" rifles or submachine guns - go to Nevada, or keep in mind the car analogy above. These guns will have reduced functionality, ranging from a slightly smaller magazine on some pistols, to being virtually a different gun on many of the rifles. Submachine guns will just be a waste of your time in California.
Lou Hannoe
  • 41
  • 1
  • Welcome to Travel SE! This does not really answer the legal aspect of the question though, is a tourist allowed to use fireams? – mts May 05 '16 at 20:39