But on the same BATF FAQ sheet, item B5 says: “B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? ...Yes, a person who ... (5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;”
So, aliens with immigrant visas are OK, those aliens with temporary visas are generally not, EXCEPT for the exception in USC Title 18 section 922:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas. -
(1) Definitions. - In this subsection -
(A) the term “alien” has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)); and
(B) the term “nonimmigrant visa” has the same meaning as in
section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26)).
(2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or
sporting purposes or is in possession of a hunting license or
permit lawfully issued in the United States;
(B) an official representative of a foreign government who is
-
(i) accredited to the United States Government or the
Government’s mission to an international organization having
its headquarters in the United States; or
(ii) en route to or from another country to which that
alien is accredited;
(C) an official of a foreign government or a distinguished
foreign visitor who has been so designated by the Department of
State; or
(D) a foreign law enforcement officer of a friendly foreign
government entering the United States on official law
enforcement business.
(3) Waiver. -
(A) Conditions for waiver. - Any individual who has been
admitted to the United States under a nonimmigrant visa may
receive a waiver from the requirements of subsection (g)(5), if
-
(i) the individual submits to the Attorney General a
petition that meets the requirements of subparagraph (C); and
(ii) the Attorney General approves the petition.
(B) Petition. - Each petition under subparagraph (B) shall -
(i) demonstrate that the petitioner has resided in the
United States for a continuous period of not less than 180
days before the date on which the petition is submitted under
this paragraph; and
(ii) include a written statement from the embassy or
consulate of the petitioner, authorizing the petitioner to
acquire a firearm or ammunition and certifying that the alien
would not, absent the application of subsection (g)(5)(B),
otherwise be prohibited from such acquisition under
subsection (g).
(C) Approval of petition. - The Attorney General shall
approve a petition submitted in accordance with this paragraph,
if the Attorney General determines that waiving the
requirements of subsection (g)(5)(B) with respect to the
petitioner -
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.
Maybe not. Look at your link, section B5 #5. As far as I know a student visa is a nonimmigrant visa.
(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]
Yes, a person who –
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;