EMNofSeattle
Regular Member
So I failed at self control and about derailed someone else's thread. For that I apologize.
And I will start this thread about this subject.
Basically, another poster was upset at me for pointing out that restricting a concealed carry license in an otherwise shall issue state from a legal permanent alien residining in that state is unconstitutional. I pointed out two cases in which the Second Amenmdennt Foundation won at the district court level against two states that didnt allow permanent resident aliens to get licenses, in both states federal courts ordered the states to begin issuing the licenses. In a third state, missouri, the state won on a trial level, but changed the law once SAF appealed to the circuit court.
This posters contention was 1) concealed carry is not a right so states can ell legal aliens they can't get a license but since his state allowed open carry it was all ok, and 2) that there was no controlling precedent in his circuit.
First off, a state not only has to obey the 2nd amendment, but the 14th which reads in part
Two Supreme Court cases (cited by both district courts to overturn non citizen ccw bans) are Graham V Richardson and Sugarman v Dougal. Both decided in the early 70s involved state discrimination against permanent legal immigrants, in both cases the offending state laws were struck down as violations of the 14th amendment, as the courts noted, alienage constitutes a "discrete and insular minority" and any laws discriminating against legal aliens are subject to the highest level of scrutiny. Meaning any law must be tailored narrowly to serve a state interest. As the 10th circuit ruled in Jackson v King, against New Mexico,the state cannot reasonably presume a citizen restriction serves a state interest if non citizens can legally own guns and legally carry them openly, therefore a shall issue state must issue licenses to otherwise qualified non citizen residents. With those two Supreme Court cases, I re assert, North Carolina's ban on non citizens legally residing in NC from obtaining a CCW license is unconstitutional in light of the 14th amendment. And the argument that no rights are suppressed is absurd on its face, a sTate can't be shall issue to white people and no issue to blacks and then say "well blacks can open carry and CC is a privelage"
And I will start this thread about this subject.
Basically, another poster was upset at me for pointing out that restricting a concealed carry license in an otherwise shall issue state from a legal permanent alien residining in that state is unconstitutional. I pointed out two cases in which the Second Amenmdennt Foundation won at the district court level against two states that didnt allow permanent resident aliens to get licenses, in both states federal courts ordered the states to begin issuing the licenses. In a third state, missouri, the state won on a trial level, but changed the law once SAF appealed to the circuit court.
This posters contention was 1) concealed carry is not a right so states can ell legal aliens they can't get a license but since his state allowed open carry it was all ok, and 2) that there was no controlling precedent in his circuit.
First off, a state not only has to obey the 2nd amendment, but the 14th which reads in part
note the second clause, nor deny ANY PERSON is used twice. Therefore states may not deny any person of equal protection of laws.Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Two Supreme Court cases (cited by both district courts to overturn non citizen ccw bans) are Graham V Richardson and Sugarman v Dougal. Both decided in the early 70s involved state discrimination against permanent legal immigrants, in both cases the offending state laws were struck down as violations of the 14th amendment, as the courts noted, alienage constitutes a "discrete and insular minority" and any laws discriminating against legal aliens are subject to the highest level of scrutiny. Meaning any law must be tailored narrowly to serve a state interest. As the 10th circuit ruled in Jackson v King, against New Mexico,the state cannot reasonably presume a citizen restriction serves a state interest if non citizens can legally own guns and legally carry them openly, therefore a shall issue state must issue licenses to otherwise qualified non citizen residents. With those two Supreme Court cases, I re assert, North Carolina's ban on non citizens legally residing in NC from obtaining a CCW license is unconstitutional in light of the 14th amendment. And the argument that no rights are suppressed is absurd on its face, a sTate can't be shall issue to white people and no issue to blacks and then say "well blacks can open carry and CC is a privelage"