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Canadian on student visa denied CPL

A

autosurgeon

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Sep 29, 2008
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Lawrence, Michigan, United States
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canadian_boy wrote:
jeremy05 wrote:
no such thing as a I-94 visa.   Thats just your paperwork needed to travel with a student visa.

and no you shouldn't be allowed to carry a firearm as you are not a US citizen


Also, you shouldnt even be allowed to own a gun!
Click to expand...

wow. You sir are a idiot. no facts behind your argument and clearly just a mouth with no brains.
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Hmmm I think he might know what he is talking about... at least in regards to the I-94 paperwork... also he is a Border Patrol Officer if I recall correctly.
 
Big Gay Al

Big Gay Al

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jeremy05 wrote:
no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

and no you shouldn't be allowed to carry a firearm as you are not a US citizen


Also, you shouldnt even be allowed to own a gun!
Click to expand...
Actually, it's an I-94 card. And as already mentioned, the Michigan state court of appeals ruled the citizen requirement violates the equal protection clause of the 14th amendment.
 
Z

zigziggityzoo

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jeremy05 wrote:
no such thing as a I-94 visa.   Thats just your paperwork needed to travel with a student visa.

and no you shouldn't be allowed to carry a firearm as you are not a US citizen


Also, you shouldnt even be allowed to own a gun!
Click to expand...
That's not true, you know.

ATF even states that you can buy from an FFL if you have 90 days proof of residency. That's all that's required.
 
C

camaro_boy

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Both gun stores that i attended mentioned that other canadians they had met got their licenses from surrounding areas. The fact that i cannot is amazing. I can even purchase just to defend my house. But i cannot purchase to conceal. I have a lawyer looking into this as well.

The application lists i-94 for the number so something is clearly not right.
 
C

camaro_boy

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So Jeremy is so far right. The msp are saying that i am not allowed because now of statue 28.426

which im certain still doesn;t pertain to me as im a non-immigrant alien. The quote does mention that both have to be met to be void.

really not sure what else to say.

Regards
 
M

Mike

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well, here is the statute - unless you are a green card holder (i.e., permanent US resident) I **think** that makes you a "non-resident alien." Federal law i think, see 18 USC 922 & 924, makes it unlawful generally for non-immigrant aliens to "receive firearms" unless an excetion applies, e.g., you have a hunting license. So you probably need to check with an MI barred lawyer who is an expert in Michigan and federal firearms law before you open carry on foot, for which folks generally do not need a MI CPL to do in Michigan.

Now, having said all that, you might have a case against the statutory bar on legal non-resident aliens under equal protection doctrine - again, see a lawyer - I am not sure of that doctrine is as easily applied for mere legal non-immigrant aliens as it is for green card holders.

--

28.426 Issuance of license; conditions.

Sec. 6.

A license shall not be issued to an applicant under section 2 or 5b unless both of the following apply:

(a) The issuing agency has determined through the federal national instant criminal background check system (NICS) that the applicant is not prohibited under federal law from possessing or transporting a firearm.

(b) If the applicant is not a United States citizen, the issuing agency has verified through the United States immigration and customs enforcement databases that the applicant is not an illegal alien or a nonimmigrant alien.




History: Add. 2005, Act 242, Imd. Eff. Nov. 22, 2005
Compiler's Notes: Former MCL 28.426, which pertained to concealed weapon licensing board, was repealed by Act 381 of 200, Eff. July 1, 2001.
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: Right to Carry
Popular Name: Shall Issue
 
Evil Creamsicle

Evil Creamsicle

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jeremy05 wrote:
no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

and no you shouldn't be allowed to carry a firearm as you are not a US citizen


Also, you shouldnt even be allowed to own a gun!
Click to expand...
Either you're joking, or you're a tool.

...apparently only Americans are born with unalienable rights? :banghead:
 
M

Mike

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canadian_boy wrote:
So Jeremy is so far right. The msp are saying that i am not allowed because now of statue 28.426

which im certain still doesn;t pertain to me as im a non-immigrant alien. The quote does mention that both have to be met to be void.

really not sure what else to say.

Regards
Click to expand...
Re-read the statute - note the "or" - you are prohibnited from getting a CPL under MI statutes.
 
Z

zigziggityzoo

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I'm fairly sure Chan v. City of Troy would cover you in this case.

http://www.constitution.org/2ll/bardwell/chan_v_city_of_troy.txt
A statute reviewed under strict scrutiny will be upheld only
"if the state demonstrates that its classification scheme has been
precisely tailored to serve a compelling governmental interest."
Doe v. Dep't of Social Services, 439 Mich. 650, 662; 487 N.W.2d 166
(1992). The City of Troy argues that the statute in question is
intended to limit the accessibility of concealable weapons to the
general public because of their inherent danger. Assuming this is
a sufficient governmental interest, we conclude that the statute,
in its treatment of legal aliens, is not "precisely tailored to
serve" that interest. Id. Although the state has an interest in
regulating firearms to prevent persons who are dangerous from
obtaining firearms, the statute, which prohibits the purchase of
pistols by all non-citizens, fails to distinguish between dangerous
non-citizens and those non-citizens who would pose no particular
threat if allowed to purchase the weapons. Thus, the method adopted
to achieve the goal of regulating weapons and limiting the
accessibility of pistols is not precisely and narrowly tailored.

The trial court properly granted summary disposition in favor
of plaintiff because the citizenship requirement of M.C.L. section
28.422(3)(b); M.S.A. section 28.92(3)(b) violates the Equal
Protection Clause of the Fourteenth Amendment. [footnote 3]
However, the remainder of the statute is still valid. People v.
Victor, 287 Mich. 506, 511; 283 N.W.2d 666 (1939).

We affirm.
Click to expand...
 
C

camaro_boy

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yeah as it would seem i am. its weird cause 28.422 says that its against the constitution to have to be a citizen of the united states. the with 28.426, that makes it now ok for i guess green card holders to get it?

thanks for all the input guys. I guess my dream of trying the cpl thing is crushed but completely acceptable
 
M

Mike

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canadian_boy wrote:
I guess my dream of trying the cpl thing is crushed but completely acceptable
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No my frined, your journey has just stared - seek out attorneys in your state who might be able to breing an action against teh constitutionality of discrimination against legal aliens
 
Evil Creamsicle

Evil Creamsicle

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Mike wrote:
Evil Creamsicle wrote:
and I will take your question a step further and ask: if you are legally a resident, does this make you then an immigrant alien?
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no - cause he's here to go to school, not to move here for good
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Yes, but, if he is legally considered a resident, regardless of if he is going to stay here, being a 'resident' could imply that you have 'immigrated'

Sort of like Michigander... he's legally considered a Michigan resident, even though he can't express enough his intentions of not staying here :lol:
 
M

Mike

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Evil Creamsicle wrote:
Mike wrote:
Evil Creamsicle wrote:
and I will take your question a step further and ask: if you are legally a resident, does this make you then an immigrant alien?
Click to expand...
no - cause he's here to go to school, not to move here for good
Click to expand...
Yes, but, if he is legally considered a resident, regardless of if he is going to stay here, being a 'resident' could imply that you have 'immigrated'
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um, no. These are terms of art under federal immigration law.
 
R

RaspberrySurprise

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Saulte Sainte Marie, Michigan, USA
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jeremy05 wrote:
no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

and no you shouldn't be allowed to carry a firearm as you are not a US citizen


Also, you shouldnt even be allowed to own a gun!
Click to expand...
And why not? I thought self defense was a basic human right.
 
jeremiahJohnson

jeremiahJohnson

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Jan 10, 2009
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fenton, Michigan, USA
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RaspberrySurprise wrote:
jeremy05 wrote:
no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

and no you shouldn't be allowed to carry a firearm as you are not a US citizen


Also, you shouldnt even be allowed to own a gun!
Click to expand...
And why not? I thought self defense was a basic human right.
Click to expand...
Yes true, but he doesn't have to come here. He is free to go to school in canada where the schools are superior to ours! lol therefore he is not being denied human rights.
 
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