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Permanent resident aliens have second amendment rights too

John Pierce

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May 5, 2006
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1,777
Please go and have a look at my latest article. In it, I review in detail the latest victory by SAF in Massachusetts.

...

In Fletcher v. Haas, the United States District Court for the District of Massachusetts held that Permanent resident aliens are included amongst ‘the people’ as the term is used in the Second Amendment to the United States Constitution.

The Second Amendment challenge was based upon the argument that since the firearms identification card is a pre-requisite to simple possession of a firearm in the home for self-defense, any barrier to acquisition of a firearms identification card touches upon what the Supreme Court in District of Columbia v. Heller described as the ‘core’ of the Second Amendment.

(Excerpt) Read more
 

MedWheeler

Regular Member
Joined
Dec 27, 2011
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Florida
Florida recognizes this as well, extending such recognition to any lawful resident alien (known sometimes as a "green card holder") who is not otherwise prohibited from possessing firearms, and licenses same to carry as it would any US citizen who also applies.
 

skidmark

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Jan 15, 2007
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Valhalla
Florida recognizes this as well, extending such recognition to any lawful resident alien (known sometimes as a "green card holder") who is not otherwise prohibited from possessing firearms, and licenses same to carry as it would any US citizen who also applies.

Perhaps the talking point of this decision is that Massachusetts is being forced to recognize not only the Second Amendment, but that the whole durned Constitution is the law of the land. A slightly less important point is that there now can be a discussion in the courts as to just whom "The People" are.

If ths decision survives appeal, Massachusetts will be one, if not more, steps closer to joining Free America.

stay safe.
 
H

Herr Heckler Koch

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When will the same logic be used to extend to resident aliens the right to vote?
 

bigdaddy1

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Southsider der hey
IMO, US constitutional rights are for US citizens. They do not transcend borders nor ideals, if you are not a US citizen the rights that our founding fathers documented do not necessarily pertain to you. If you would like to have those rights then you need to become a part of this country. Just crossing the border does not grant you the rights and privilages of this country.

This being said prior to reading the above mentioned article, this is how I feel.
 
H

Herr Heckler Koch

Guest
IMO, US constitutional rights are for US citizens. They do not transcend borders nor ideals, if you are not a US citizen the rights that our founding fathers documented do not necessarily pertain to you. If you would like to have those rights then you need to become a part of this country. Just crossing the border does not grant you the rights and privilages of this country.

This being said prior to reading the above mentioned article, this is how I feel.
The Founding Fathers, authors of the Constitution and Bill of Rights held the truth of Natural Rights to be self-evident.

See Hillsdale.edu College and their free on-line Constitution 101.
 

John Canuck

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Jul 30, 2011
Messages
275
Location
Upstate SC
IMO, US constitutional rights are for US citizens. They do not transcend borders nor ideals, if you are not a US citizen the rights that our founding fathers documented do not necessarily pertain to you. If you would like to have those rights then you need to become a part of this country. Just crossing the border does not grant you the rights and privilages of this country.

This being said prior to reading the above mentioned article, this is how I feel.

The rights to which you refer, are not yours because they were written on a piece of paper. They were yours when you were born, regardless of the geography in which you popped out. All men are created equal... right?

BTW, receiving permanent resident status involves a little more than crossing a line on a map.
 
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OC4me

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Jan 14, 2009
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Northwest Kent County, Michigan
Florida recognizes this as well, extending such recognition to any lawful resident alien (known sometimes as a "green card holder") who is not otherwise prohibited from possessing firearms, and licenses same to carry as it would any US citizen who also applies.

Unfortunately not true! Florida has a complete (and unconstitutional) ban on public carry by expatriate U.S. Citizens. Having a primary foreign residence makes these law-abiding Americans ineligible to apply for a Florida permit as per current Florida law. Florida will also not honor any other State permit held by U.S. Citizens who reside overseas . . . a complete carry ban. This affects many Americans who might have long-term overseas employment or are studying or living abroad who temporarily return to the States and wish to carry in Florida. Any previously obtained, other-wise valid, Florida or State permit held by these law-abiding Citizens becomes null & void (as far as Florida is concerned) upon a change to foreign residency. Of course, many would not realize this and would be unwittingly committing a felony under current Florida law if back in Florida on a visit.

I really like the Federal judge's holding that legal resident Aliens have Second Amendment Rights. Extending the same logic, non-residents (legal Aliens and Citizens of other states, and expatriate Americans alike) should also have Second Amendment Rights in Massachusetts (whose laws are far more draconian than Florida). I see Massachusetts' onerous pistol licensing scheme being very vulnerable to legal attack by non-residents, in particular. It would be much more difficult for the State to justify many, if not all, of Massachusetts' silly licensing requirements (say a letter from their local LEO) if that American happens to live abroad and such LEO letters are not obtainable from their foreign authorities.

I really think (hope) that the SAF/COMM2A legal strategy is to nail down the Constitutional principals first (i.e. Second Amendment applies to 'everybody' not just a select few) then later go back and selectively attack gun-control regulations one-by-one, rather than attempt sweeping and wholesale gutting of the State's entire regulatory scheme (not that they wouldn't want to) from the get-go.

Good news for every American!
 
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oldbanger

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Oct 19, 2010
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beckofbeyond - Idaho
'Permanent'....interesting concept.

Permanent Resident Alien

An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a1f95c4f635f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD
 

oldbanger

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Oct 19, 2010
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