Triangle Tactical Podcast and Blog on Guns, Gear, and Competition Shooting
Last week you may remember I wrote an article about how Dicks Sporting Goods has instituted a policy of asking for someone’s citizenship status when selling ammunition. I contacted Dicks customer service regarding this issue last week and below is the response I received from the customer service person:
Hi Lucas,
Thank you for contacting DICK’S Sporting Goods.
It is always our goal to ensure our customer’s satisfaction by offering quality brand products, store services and the best customer care to all of our valued customers.
I do apologize for any inconvenience you faced when trying to purchase ammo. Federal law prohibits firearms dealers from selling firearms and ammunition to a “prohibited person” because of that we have added a prompt at checkout just for verification purposes. It was not to upset you in any way and I apologize if it did, it’s just a practice that corporate has instilled due to federal law changes.
Your feedback provides us with the opportunity to review our customer’s concerns so that any necessary improvements can be made for the future.
It is our hope that you will return to our store to experience the level of customer satisfaction that we know we are capable of delivering.
We truly appreciate your time and we value your patronage.
Thank you and best regards,
Shane
Customer Service Representative
I then attempted to inform them that just because someone is a non-citizen, does not make them a “prohibited person”, as legal resident aliens are allowed to purchase guns, as well as ammo. This is the next response I received:
Hi Lucas,
Thank you for contacting DICK’S Sporting Goods.
It is always our goal to ensure our customer’s satisfaction by offering quality brand products, store services and the best customer care to all of our valued customers.
If you want further information you can contact your local ATF office if you have concerns. It is federal law that we can only sell ammo and firearms to legal US citizens so because of that we just ask for verification of that.
Your feedback provides us with the opportunity to review our customer’s concerns so that any necessary improvements can be made for the future.
It is our hope that you will return to our store to experience the level of customer satisfaction that we know we are capable of delivering.
We truly appreciate your time and we value your patronage.
Thank you and best regards,
Shane
Customer Service Representative
Being the kind of person that I am, I went ahead and checked out the BATFE website. On this page, they list the following regarding resident aliens and firearms purchases.
- Q: May aliens legally in the United States buy firearms?
- An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR478.11 and 478.99(a)]
- Now, firearms and ammunition are two different things, but as far as I know, there are not any laws baring legal resident aliens, who can purchase firearms legally from purchasing ammo to go with those firearms (except for rare circumstances with individuals under the age of 21 who legally possess a handgun, you guys are screwed).In my opinion, this citizenship question is poorly worded. If the wording was changed to something like “Are you legally allowed to purchase ammunition?” nobody would have a problem with it, and of course, nobody would probably answer “No” to that question either.
- I totally understand this company not wanting to sell ammo to prohibited persons. Keeping a FFL in good standing, and following all of the laws regarding the sales of firearms, and ammo must be a daunting task for a mom and pop gun shop, and to try and keep everything kosher for a large chain must be mind boggling. However, since we now know that citizenship has nothing to do with whether or not someone is a “prohibited person”, hopefully Dick’s will re-visit this issue, and maybe change the wording of the question as not to keep legal residents from purchasing firearms and ammo.
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Just waiting for the day when you have to answer "Are you over 21?" at the liquor store with a yes/no prompt on the key pad. That'll teach those underage drinkers.
Winning!
Mr. Lucas,
The same thing happened to me this afternoon when I tried to purchase a box of 38 Special practice ammo from Dicks Sporting Goods in Aurora Colorado (the same Aurora with the terrible theatre shooting) – unlike you, I declined to answer the question and asked for the manager. I specifically asked the manager, Brian, if this is a new policy and if he can produce Dick’s written policy on why they are requiring customers to answer this before purchasing ammo. After about half an hour, Brian returned and apologetically reported that he was unable to find the store’s written policy on the issue at hand. Understanding that as a private company, Dicks can refuse the sales of ammo to anyone at their leisure, I politely told Brian the I am not going to answer the citizenship question; however, I still intend to purchase the box of ammo and since this is not required by law and a written policy cannot be produced, I asked if Brain can override the question and complete the sale. Brain said that without answering the question, he cannot sale me the ammo. He further stated that this was not his decision – without an input to the question, the computer (cash register) cannot proceed with the sales transaction. Considering the recent tragic events here in Aurora and else where in the country (and the product in question) I quietly walked out of the store.
After reading Dick’s formal response to your request I am in agreement with you – the question is poorly worded. At a minimum, Dicks received some very poor advice from their legal counsel or worse, this is Racial Mapping under pretense of complying with Federal Law. After reading [18 U.S.C. 922(d)], I fear that it may be the latter.
I am a strong support of the NRA and 2nd Amendment, but after the recent tragic events, I am conflicted on how to proceed with this. For the foreseeable future, I will no longer be investing my hard earned $$$ at Dicks Sporting Goods.
Full Disclosure – I am a US Citizen of Asian decent. I am also a honorably discharged veteran of the US Navy.
Thanks for commenting and sharing your experience!
I am not a lawyer, so I may be talking out of my posterior on this one, but from what I can tell with a quick google search this policy is illegal. Dicks will sell to a non-US citizen such as a green card holder as long as that person provides an alien number. If no number provided, no service. Thus, undeniably, the green card holder is treated differently than a citizen.
So, with this fact established, the question is: Can a retail establishment treat a citizen and a legal permanent resident separately? I’ve been unable to find anything indicating that they can. The courts have plainly and consistently allowed such differential treatment only in very rare cases (e.g. voting); in most matters permanent residents and citizens have equal protections and rights.
A business cannot deny service to a protected class. Nor can a business get around this denial by granting service but forcing the protected class to jump through arbitrary hoops. From what I can tell, a legal permanent resident is in a protected class (I’m not 100% positive of this, I know national origin is one, but not sure what it encompasses exactly).
In any case, I’ve just now emailed Dicks and I intend on getting a reasonable answer from them.
You may know this already but I bought a few boxes yesterday at Dick’s in Fair Lakes VA and that question came up and thought it odd so I Googled and came to this page. I think they have altered the screen now because mine asked if I was a US Citizen or a Legal Alien.
Ironically this store used to be a Galyan’s before it was a Dicks and its where I bought the 9mm i was buying the ammo for. I said to myself I wasnt going to buy ammo/firearms there because they stopped selling handguns. Desperate times call for desperate measures I guess. Wally World has been out forever.
I was born in Ireland and came to the U.S 14 years ago I became a U.S citizen on 09/26/12. I have had a Federal Firearm Dealers License since 2008. I was buying ammo in a Dicks store in Okemos Michigan last week and when I was at the register paying for the ammo the screen asked was I US citizen , Yes or No, I asked why I was been asked this as it is not illegal to sell ammo to a non citizen, was told store policy I then told them I was a FFL dealer and showed them my a copy of my Federal Firearm License and asked if this would do to purchase ammo and was told answer the question on the screen or move on. Also the section with regard to 90 days residency rule has been changes, (An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.)
Extract from open letter to all Federal Firearms Licensees from ATF dated April 30 2012 . Department Of Justice concludes that, as a matter of law, applying a more stringent state residency requirement for aliens legally present in the U.S than for U.S. citizens is incompatible with the language of the Gun Control Act (GCA). Therefor, an alien legally in the United States is not required to provide 90-days proof of continuous residency in a State prior to transfer of a firearm
Hey Alan, thanks for commenting. Someone told me recently that they had changed the wording at some locations to “are you legally able to purchase ammo?” but it appears that isn’t the case…
Also, congrats on the citizenship!
Thanks for the reply, I am just annoyed that these people think the worst of other people. As it stands now if I go into Dicks Sports with my friends who are legal residents of the U.S. and they both go to purchase ammo and when asked if they are citizens the first one says no but I am a legal resident and show a Green Card they will not sell them the ammo for giving a honest answer. Second one hears this and when they are asked the same question say yes they can purchase the ammo. This goes to show that the person who lies will get the ammo and the honest person will not, where is the fairness in this policy.
The following is from your reply from Dicks Customer Service. ( If you want further information you can contact your local ATF office if you have concerns. It is federal law that we can only sell ammo and firearms to legal US citizens so because of that we just ask for verification of that.) this is not correct I have been selling firearms for the last 5 years and have sold Rifles, Shotguns, and Pistols to customers who are legal residents who have a green card.
If guns kill people all mine are defective.
But this question and answer seems to say not even ammo sales are legal,
Unlicensed Persons Questions
To whom may an unlicensed person transfer firearms under the GCA?
From whom may an unlicensed person acquire a firearm under the GCA?
May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
May an unlicensed person obtain ammunition from an out-of-State source?
Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?
May a nonlicensee ship a firearm through the U.S. Postal Service?
May a nonlicensee ship a firearm by common or contract carrier?
May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
May a person who is relocating out of State move firearms with other household goods?
What constitutes residency in a State?
May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
May aliens legally in the United States buy firearms?
May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?
Are curio or relic firearms exempt from the provisions of the GCA?
What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
How do I obtain a classification from ATF for my “potato gun?”
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
Q: May an unlicensed person obtain ammunition from an out-of-State source?
Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.
[18 U.S.C. 922(g) and (n)]
Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who —
Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
Is a fugitive from justice;
Is an unlawful user of or addicted to any controlled substance;
Has been adjudicated as a mental defective or has been committed to a mental institution;
Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
Has been discharged from the Armed Forces under dishonorable conditions;
Having been a citizen of the United States, has renounced his or her citizenship;
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
Has been convicted of a misdemeanor crime of domestic violence
Cannot lawfully receive, possess, ship, or transport a firearm.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
[18 U.S.C. 922(g) and (n), 27 CFR 478.32]
Hi Chester,
I assume you are referring to this part of the Q&A you quoted:
” Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa” which refers to an illegal alien, not a green card holder.
Can u be 18 ?
screw Dick’s Sporting Goods and their ” policy “
yes, I tried to buy ammo at dicks in Burlington wa, they asked the citizenship question, which I refused to answer. They are missing my business and my family and friends business. Big 5 is 4 blocks away.
Full disclosure; I am a Viet Nam Vet, honorably discharged and a citizen.
edd