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Refused the right to purchase a firearm

V

vrc353

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I recently tried to purchase a firearm from a local pawnshop (part of a chain Mr xx)

After discussing the purchase I filled in the CBI background checkform and presented the required paperwork (90 days proof or residency and my green card as I am a legal alien/permenant resident)

Clerk and Manager then told me they had a store policy not to sell guns to non-US citizens. - they didn't even submit the background check to CBI. I followed up with the chain's Director of Operations who basically said 'sue me' and hung up!

Do legal aliens (even ones without antennae!) have different rights under the 2nd amendment?

I have already purchased several firearms from some great gun stores in Colorado and admire/respect the US's stand on the 2nd amendment

Any ideas anyone? (BTW it was a REALLY nice yugo SKS with grenade launcher!)

Steve
 
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mahkagari

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This isn't a 2A issue. The merchant has the right to refuse service to individuals but they do not have a right to discriminate against an entire group of people because of national origin.

CBI already has this covered. A friend of mine had her purchase delayed because of her green card. They couldn't instantly approve her purchase, but did an additional screen and she came back 24 hours to pick up her gun.

You may be able to sueas theDirector of Operations noted, but I personally prefer "voting with your feet" and not shopping there. I'm not familiar with the chain. Can you post some more info so that I can be sure to avoid them? I'll also give them a call to verify the policy.
 
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centsi

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First off, there is no "right to purchase a firearm" in under the Colorado constitution or the US constitution. Your rights have not been violated with regard to firearm laws. Having said that, your experience is unfortunate and it's too bad that the seller has such a policy. The best remedy is probably to find another shop and let everyone know about the policy of this shop.
 
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vrc353

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centsi wrote:
First off, there is no "right to purchase a firearm" in under the Colorado constitution or the US constitution. Your rights have not been violated with regard to firearm laws. Having said that, your experience is unfortunate and it's too bad that the seller has such a policy. The best remedy is probably to find another shop and let everyone know about the policy of this shop.
Click to expand...

Thanks - probably used the words "rights to purchase" in the wrong context.

The US constituation does have provisions for discriminating against people because of their nationality but I agree with both posts so far that it's better to 'vote with your feet'!

Mr Money in Fort Collins - South College Rd (a real shame because the staff are friendly and helpful, just their senior management has issues)
 
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mahkagari

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I'll give them a call and let them know I will not be shopping therewith my wife, a South African citizen and US legal permanent resident since July 4, 2000.

"I have already purchased several firearms from some great gun stores in Colorado and admire/respect the US's stand on the 2nd amendment."

OOC, what was your CBI experience with other purchases?
 
Gunslinger

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vrc353 wrote:
I recently tried to purchase a firearm from a local pawnshop (part of a chain Mr xx)

After discussing the purchase I filled in the CBI background checkform and presented the required paperwork (90 days proof or residency and my green card as I am a legal alien/permenant resident)

Clerk and Manager then told me they had a store policy not to sell guns to non-US citizens. - they didn't even submit the background check to CBI. I followed up with the chain's Director of Operations who basically said 'sue me' and hung up!

Do legal aliens (even ones without antennae!) have different rights under the 2nd amendment?

I have already purchased several firearms from some great gun stores in Colorado and admire/respect the US's stand on the 2nd amendment

Any ideas anyone? (BTW it was a REALLY nice yugo SKS with grenade launcher!)

Steve
Click to expand...
No one has the duty to sell to people they choose not to unless protected under Title VII of the Civil Rights Act of 1964. You are not protected by this, so the store's policy is completely legal.
 
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vrc353

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mahkagari wrote:
I'll give them a call and let them know I will not be shopping therewith my wife, a South African citizen and US legal permanent resident since July 4, 2000.

"I have already purchased several firearms from some great gun stores in Colorado and admire/respect the US's stand on the 2nd amendment."

OOC, what was your CBI experience with other purchases?
Click to expand...
CBI has been fine as long as you have the extra paperwork - they do 'hold' your application for a few hours - longest I've had to wait was overnight. Just be prepared to go back to the gun shop the following day and you'll be fine!
 
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vrc353

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Gunslinger wrote:
vrc353 wrote:
I recently tried to purchase a firearm from a local pawnshop (part of a chain Mr xx)

After discussing the purchase I filled in the CBI background checkform and presented the required paperwork (90 days proof or residency and my green card as I am a legal alien/permenant resident)

Clerk and Manager then told me they had a store policy not to sell guns to non-US citizens. - they didn't even submit the background check to CBI. I followed up with the chain's Director of Operations who basically said 'sue me' and hung up!

Do legal aliens (even ones without antennae!) have different rights under the 2nd amendment?

I have already purchased several firearms from some great gun stores in Colorado and admire/respect the US's stand on the 2nd amendment

Any ideas anyone? (BTW it was a REALLY nice yugo SKS with grenade launcher!)

Steve
Click to expand...
No one has the duty to sell to people they choose not to unless protected under Title VII of the Civil Rights Act of 1964. You are not protected by this, so the store's policy is completely legal.
Click to expand...
I think you'll find Title VII of the Civil Rights Act of 1964 refers to employment discrimination
 
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mahkagari

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Gunslinger wrote:
No one has the duty to sell to people they choose not to unless protected under Title VII of the Civil Rights Act of 1964. You are not protected by this, so the store's policy is completely legal.
Click to expand...
I'm not sure of the cite, but I really don't think the restaurant signs of yore stating "No Irish" would go over well with the law these days.
 
Gunslinger

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vrc353 wrote:
Gunslinger wrote:
vrc353 wrote:
I recently tried to purchase a firearm from a local pawnshop (part of a chain Mr xx)

After discussing the purchase I filled in the CBI background checkform and presented the required paperwork (90 days proof or residency and my green card as I am a legal alien/permenant resident)

Clerk and Manager then told me they had a store policy not to sell guns to non-US citizens. - they didn't even submit the background check to CBI. I followed up with the chain's Director of Operations who basically said 'sue me' and hung up!

Do legal aliens (even ones without antennae!) have different rights under the 2nd amendment?

I have already purchased several firearms from some great gun stores in Colorado and admire/respect the US's stand on the 2nd amendment

Any ideas anyone? (BTW it was a REALLY nice yugo SKS with grenade launcher!)

Steve
Click to expand...
No one has the duty to sell to people they choose not to unless protected under Title VII of the Civil Rights Act of 1964. You are not protected by this, so the store's policy is completely legal.
Click to expand...
I think you'll find Title VII of the Civil Rights Act of 1964 refers to employment discrimination
Click to expand...
I didn't mean to include Title VII--in the CRA of 1964. Been having some problems with Title VII, so must have been a Freudian slip...meant Title II. As I said, this transaction was not under the aegis of interstate commerce, hence no discriminatory sales practices were involved. Colorado has no duty clause to sell in any regard.
 
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