Migrants living in the U.S. unlawfully can not legally purchase firearms

The Bureau of Alcohol, Tobacco, Firearms and Explosives has not updated a policy that would let migrants in the U.S. without legal status buy firearms, as social media posts have claimed. 

In an Instagram reel, a woman says, "My husband owns a gun shop, and he just called me to tell me that the ATF has made updates to their background check policy and effective today, they give an exemption to illegal immigrants to be able to purchase firearms. Now, this strangely coincides with California, New York and Chicago making it legal for illegals to be police officers." 

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The Gun Control Act is codified in federal law at 18 U.S.C. 922, which says it is unlawful to sell a firearm or ammunition to any person who is illegally or unlawfully in the United States. 

Kristina Mastropasqua, an ATF spokesperson, said the agency cannot make or change federal law, including the Gun Control Act, as only Congress holds that power. 

Featured Fact-check

Threads posts

stated on October 26, 2024 in a Threads post

Four Florida counties had “zero results” Oct. 26, and “something underhanded might be happening.”

Also, background checks are run by the National Instant Criminal Background Check System, which is operated by the Federal Bureau of Investigation.

PolitiFact previously found that although an Illinois law enacted in 2024 makes it legal for noncitizens to become police officers, that law applies only to those who are both legally allowed to work in the U.S. and own a firearm. Because federal law says only immigrants who are in the U.S. legally may own a firearm, immigrants who are unlawfully in the country are ineligible to become police officers. 

That is also true of a 2022 California law, which made it legal for noncitizens who have work authorization and can legally possess a gun to become police officers. 

Information by the New York City Police Department says only U.S. citizens may apply to the police force. 

We rate the claim that the ATF updated its background check policy to allow "illegal immigrants" to purchase firearms False.