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Thread: NON US citizen and CCW in New Mexico

  1. #1
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    NON US citizen and CCW in New Mexico

    I have been asked to post the injunction from the SAF case against New Mexico

    Case 1:12-cv-00421-MCA-RHS Document 60 Filed 03/31/14 Page 1 of 2
    IN THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF NEW MEXICO


    JOHN W. JACKSON and SECOND
    AMENDMENT FOUNDATION, INC.,

    Plaintiffs,
    vs. No. 2:12-CV-00421-MCA-RHS

    GORDEN E. EDEN,

    Defendant.
    JUDGMENT
    In accordance with the Court’s Findings of Fact and Conclusions of Law entered contemporaneously herewith, [Doc. 59], Judgment is hereby entered as follows:
    IT IS HEREBY ORDERED that Plaintiff’s Motion for Permanent Injunction
    [Doc. 44] is GRANTED;
    IT IS FURTHER ORDERED and DECLARED that NMSA 1978, Section 29-
    19-14(A)(1), which provides that an applicant for a concealed handgun license is only qualified if he or she “is a citizen of the United States” violates the Equal Protection
    Clause of the United States Constitution as applied to permanent resident aliens, like
    Plaintiff Jackson, who are otherwise qualified to obtained a concealed handgun license; IT IS FURTHER ORDERED that Defendant and his officers, agents, servants, employees, and attorneys are enjoined from enforcing Section 29-19-14(A)(1), which
    Case 1:12-cv-00421-MCA-RHS Document 60 Filed 03/31/14 Page 2 of 2
    provides that an applicant for concealed handgun license is only qualified if he or she “is a citizen of the United States,” against permanent resident aliens, like Plaintiff Jackson, who are otherwise qualified to obtain a concealed handgun license.
    SO ORDERED this 31st day of March, 2014 in Albuquerque, New Mexico.

    ___________________________
    M. CHRISTINA ARMIJO
    Chief United States District Judge
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    Congratulations
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    Moderator / Administrator Grapeshot's Avatar
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    Clear cut decision in the win column. Kudos.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Thanks for posting

    Thanks for posting this RogueAussie, and thanks for going through the process to get this done.

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    Accomplished Advocate BB62's Avatar
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    Why is this matter from 2014 being posted only now?

    Does this mean that we're going to have armed Aborigines running around the US of A?


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    In 2011, New Mexico cancelled the reciprocity agreement with Ky. over this issue. Ky.'s original CCDW required citizenship to qualify. A British member of this forum sued and won, so Ky was forced, by the courts, to remove that requirement from the CCDW and New Mexico would not consent to recognize the Ky. CCDW's of non-citizens. I suppose KY and New Mexico will now re-establish reciprocity.
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  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by RogueAussie View Post
    I have been asked to post the injunction from the SAF case against New Mexico

    Case 1:12-cv-00421-MCA-RHS Document 60 Filed 03/31/14 Page 1 of 2
    IN THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF NEW MEXICO


    --snipped--
    Who asked you to post it and why more than two years after the injunction was granted?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Who asked you to post it and why more than two years after the injunction was granted?
    Does it really matter WHO? or when?

    I find it to be good info to have and don't recall hearing/reading it before!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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  9. #9
    Regular Member solus's Avatar
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    Quote Originally Posted by JoeSparky View Post
    Does it really matter WHO? or when?

    I find it to be good info to have and don't recall hearing/reading it before!
    http://forum.opencarry.org/forums/sh...Jackson-v-Eden

    humm.you even posted on the thread...

    ipse

    added, on of RA's original 2012 posts re his case.
    http://forum.opencarry.org/forums/sh...6-Wish-Me-Luck
    Last edited by solus; 10-16-2016 at 07:13 AM.
    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act. Remember always, do not judge someone because they sin differently than you do!

    Do not try to bend the spoon, that’s impossible. Instead only try to realize the truth… there is no spoon. Then you will see this is not the spoon that bends. It is only yourself.

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Quote Originally Posted by Grapeshot View Post
    Who asked you to post it and why more than two years after the injunction was granted?
    I requested that RogueAussie post the injunction to help in my research.

    I had commented to a friend that non-citizens could now get a CCW in NM, but could not really back it up in any way except some newspaper articles and RogueAussie’s posts on the subject.

    I can find nothing on the NM DPS site indicating that non-citizens can (since 2014) get a CCW, all the requirements and applications appear to be the same as before the injunction.

    It seems the printed requirements and application remain the same, the state just cannot enforce that particular requirement. A non-citizen who wants a CCW would read the rules and application and assume they could not get one.

    I hope this is changed at some point to make it clear that a non-citizen can apply for and get a NM CCW as RogueAussie has done.

    Here’s a link to the District Court Ruling.
    http://www.nmcourt.fed.us/Drs-Web/vi...727-0000000000

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    Quote Originally Posted by nm_ray View Post
    [ ... ]Here’s a link to the District Court Ruling.
    http://www.nmcourt.fed.us/Drs-Web/vi...727-0000000000
    Thanks. I had looked for it unsuccessfully.
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    Quote Originally Posted by solus View Post
    http://forum.opencarry.org/forums/sh...Jackson-v-Eden

    humm.you even posted on the thread...

    ipse

    added, on of RA's original 2012 posts re his case.
    http://forum.opencarry.org/forums/sh...6-Wish-Me-Luck
    So glad you are help me remember EVERY post or thought I've EVER had on any subject since Mr Gore invented the intrawebz! ( read this with extreme sarcasm!)
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by nm_ray View Post
    I requested that RogueAussie post the injunction to help in my research.

    I had commented to a friend that non-citizens could now get a CCW in NM, but could not really back it up in any way except some newspaper articles and RogueAussie’s posts on the subject.

    I can find nothing on the NM DPS site indicating that non-citizens can (since 2014) get a CCW, all the requirements and applications appear to be the same as before the injunction.

    It seems the printed requirements and application remain the same, the state just cannot enforce that particular requirement. A non-citizen who wants a CCW would read the rules and application and assume they could not get one.

    I hope this is changed at some point to make it clear that a non-citizen can apply for and get a NM CCW as RogueAussie has done.

    Here’s a link to the District Court Ruling.
    http://www.nmcourt.fed.us/Drs-Web/vi...727-0000000000
    A Writ of Mandamus would most likely correct this problem.
    Last edited by Grapeshot; 10-16-2016 at 09:23 AM. Reason: fixed
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  14. #14
    Regular Member solus's Avatar
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    Quote Originally Posted by nm_ray View Post
    I requested that RogueAussie post the injunction to help in my research.
    I had commented to a friend that non-citizens could now get a CCW in NM, but could not really back it up in any way except some newspaper articles and RogueAussie’s posts on the subject.
    I can find nothing on the NM DPS site indicating that non-citizens can (since 2014) get a CCW, all the requirements and applications appear to be the same as before the injunction.
    It seems the printed requirements and application remain the same, the state just cannot enforce that particular requirement. A non-citizen who wants a CCW would read the rules and application and assume they could not get one.
    I hope this is changed at some point to make it clear that a non-citizen can apply for and get a NM CCW as RogueAussie has done.

    Here’s a link to the District Court Ruling.
    http://www.nmcourt.fed.us/Drs-Web/vi...727-0000000000
    First, the NM's DPS isn't going to publicize or publicly acknowledge non-citizens (poor choice of words btw) are able or unable to obtain a NM permit.


    this is especially true, since this was the governmental agency who dug in and pushed their 'cause' to the courts ~ and lost this singular case!


    nowhere in the judgement did it specify the DPS must change a damn thing in their Admin code or NM statutes since the suit was specifically brought by Mr. Jackson against NM DPS for him to be able to apply and then based on a review of his judicial background check, e.g., DV, felon, coupled with his successfully completing the 15 hour training curriculum...then based on those merits was he able to receive his concealed carry permit.


    you want other citizens to benefit nm-ray...go ping the NM legislator(s) to change NM's governance of 29-19-1 NMSA 1978.


    dredging up the Mr. Jackson's judgement on this venue, for your 'research' doesn't do a bloody thing for any other individual's ability to get a conceal carry from the NM's DPS.


    ipse
    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act. Remember always, do not judge someone because they sin differently than you do!

    Do not try to bend the spoon, that’s impossible. Instead only try to realize the truth… there is no spoon. Then you will see this is not the spoon that bends. It is only yourself.

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  15. #15
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    ENOUGH

    Quote Originally Posted by solus View Post
    First, the NM's DPS isn't going to publicize or publicly acknowledge non-citizens (poor choice of words btw) are able or unable to obtain a NM permit.


    this is especially true, since this was the governmental agency who dug in and pushed their 'cause' to the courts ~ and lost this singular case!


    nowhere in the judgement did it specify the DPS must change a damn thing in their Admin code or NM statutes since the suit was specifically brought by Mr. Jackson against NM DPS for him to be able to apply and then based on a review of his judicial background check, e.g., DV, felon, coupled with his successfully completing the 15 hour training curriculum...then based on those merits was he able to receive his concealed carry permit.


    you want other citizens to benefit nm-ray...go ping the NM legislator(s) to change NM's governance of 29-19-1 NMSA 1978.


    dredging up the Mr. Jackson's judgement on this venue, for your 'research' doesn't do a bloody thing for any other individual's ability to get a conceal carry from the NM's DPS.


    ipse
    This is one reason I stopped coming to this site people bitching about a post that I was asked to start. So I am out of here for good I am going to ask the owner of the site to lock this thread
    A gun Owner Is A Citizen
    Anyone Else is a Subject

  16. #16
    Regular Member solus's Avatar
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    sorry RA, where did i mis-speak in response to nm_ray's post?
    here is what the nm statutes currently state:

    A. The department shall issue a concealed handgun license to an applicant who:
    (1) is a citizen of the United States;

    http://www.dps.state.nm.us/wp-conten...egulations.pdf

    while you obtained an injunction, it did not in any way change the DPS' judical governance or their perspective for any other resident allien applying for NM's concealed permit.

    to change that goverance it is up to the legislature ~ period!

    so why are your shorts in knot RA?

    especially since i do not see anybody raising any type of stink about what you initally posted, rather a discussion on clarication and ramifications of why your successful judicial case can't do what nm_ray thinks it did ~ change the statute's language.

    remember, the NM good olde boy network is alive & well and statutes won't change a lick unless this group wants them to. remember when the permit first came out, NM citizens had to score higher on the live-fire quals then peace officers... begrudgingly that was changed by DPS. further, citizens can only carry the caliber listed on their permit ~ you have to re-qual live-fire with each caliber you want to carry...an archaic mentality that still prevails.

    as for your comments...walk away RA, i personally wish you the best in your future endeavours, but i think your mentoring and contributions on the public forum venues such as this premiere oc one, could/would go a long way to normalizing oc in the state...

    ipse
    Last edited by solus; 10-17-2016 at 11:18 PM. Reason: formatting issues
    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act. Remember always, do not judge someone because they sin differently than you do!

    Do not try to bend the spoon, that’s impossible. Instead only try to realize the truth… there is no spoon. Then you will see this is not the spoon that bends. It is only yourself.

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  17. #17
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    Hey, Rogue Aussie, just checked this site and just now saw your "Goodbye" post.

    Don't disappear entirely!

    PM me your e-mail address (if you want) in case we have another "OC Get-Together" in Rio Rancho (@ Village Inn) again. Now that I'm back in El Paso, TX (for at least 2 years) if I get up there to ABQ/RR to visit family, I'll post (here) an OC Event Notice and hopefully you can make it.

    Also, and again because I'm back in TX, I plan to do a few OC events here in El Paso, as FOR SURE we need to get the "OC Gospel" out there...backwards TX (requiring a permit to OC) and being new to handgun OCing and all as it is. So even more so (than other states that have HAD OC for a long time) we need the public here SEEING We the People carrying as much as we can EVERY DAY and EVERYWHERE we legally can.

    You know, like everywhere else in other states where we OC, to do some D&E (Desensitizing & Educating) out there in the streets (and in stores, banks, etc) of this-here state TX! ;-)

    The only thing delaying having event here now is I don't have my CC permit so (legally) I can't even CARRY (what BS) let alone OC: I just got my (temporary) TX driver's license and needed that to start the process getting my permit BEFORE I can start OCing. And I'm presently looking for a LTC class to take.

    But as soon as I DO get said OC permit, I WILL be doing exactly what I was doing (but freely -- no permit required) up in CO and still do in NM:

    OCing!

    And hopefully meeting some other OCers at future OC Get-Togethers here in El Paso.

    ...or those guys AND gals who are presently only thinking about OCing, AND CCers, as well, who are always invited to my OC events. CCers are probably our worst critics (they don't get OC at all) and consequently in need of educating (the "E" in D&E), too!

    Anyway, don't let the 2 long-time resident abraisive know-it-alls here on the Forum upset you (even if they don't live in our states to know what's up)...they know who they are but don't care, so just ignore them (hard as that is to do).

    Hope to see you later then (may be coming up to ABQ/RR in June instead of December, as I hoped: Moving expenses made things tight right now).

    -- cloudcroft
    Last edited by cloudcroft; 11-06-2016 at 12:31 AM.
    (formerly of Colorado Springs, CO)

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