S. 2323

Visa Waiver Program Firearms Clarification Act of 2015

The bill amends the federal criminal code to modify the eligibility of certain foreign nationals to purchase and possess firearms in the United States.

Current law prohibits firearm sale or transfer to or possession by a foreign national (i.e., alien) who is: (1) unlawfully present in the United States, or (2) lawfully present under a nonimmigrant visa (e.g., tourist visa). The prohibitions do not apply in certain circumstances.

This bill expands the prohibition to bar firearm sale or transfer to or possession by a foreign national who was lawfully admitted to the United States without a visa under the Visa Waiver Program.

The prohibitions do not apply to a foreign national lawfully admitted under the Visa Waiver Program if that foreign national is a government official or law enforcement officer, or possesses a hunting license. Additionally, such foreign national may apply for a Department of Justice waiver to allow firearm possession.