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Thread: AP - Resident alien sues South Dakota for gun rights

  1. #1
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    AP - Resident alien sues South Dakota for gun rights

    This is a great law suit - EXCELLANT chance of succeeding as states may not discriminate against resident aliens per equal protection doctrine.

    It is dissapointing that we do not see more of these alien gun rights lawsuit in the few states that have citizen only gun permit regimes, e.g., i think, at least, Washington, Massachussetts, and Oklahoma.

    The federal reguylation requiring resident aliens 60 days proof of state address should be challeneged in court as well.
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    Lawsuit tests state's concealed weapons permit
    Associated Press (SD)
    http://plainsdaily.com/story/8827
    January 3, 2011

    SIOUX FALLS, S.D. (AP) A federal lawsuit filed in Sioux Falls alleges that the state's concealed weapons law is discriminatory because it requires the permit holder to be a United States citizen.

    The American Civil Liberties Union filed the lawsuit on behalf of Wayne S. Smith, a Minnehaha County resident who has lived in the U.S. for 30 years after emigrating from the United Kingdom.

    The lawsuit says he was denied a concealed weapon permit last July solely because he's not a U.S. citizen.

    . . .

  2. #2
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    Quote Originally Posted by Mike View Post
    This is a great law suit - EXCELLANT chance of succeeding as states may not discriminate against resident aliens per equal protection doctrine.

    It is dissapointing that we do not see more of these alien gun rights lawsuit in the few states that have citizen only gun permit regimes, e.g., i think, at least, Washington, Massachussetts, and Oklahoma.

    The federal reguylation requiring resident aliens 60 days proof of state address should be challeneged in court as well.
    ----
    Lawsuit tests state's concealed weapons permit
    Associated Press (SD)
    http://plainsdaily.com/story/8827
    January 3, 2011

    SIOUX FALLS, S.D. (AP) A federal lawsuit filed in Sioux Falls alleges that the state's concealed weapons law is discriminatory because it requires the permit holder to be a United States citizen.

    The American Civil Liberties Union filed the lawsuit on behalf of Wayne S. Smith, a Minnehaha County resident who has lived in the U.S. for 30 years after emigrating from the United Kingdom.

    The lawsuit says he was denied a concealed weapon permit last July solely because he's not a U.S. citizen.

    . . .
    It is a great case; however, they may not just discriminate against resident aliens. They may not discriminate against any alien that is legally present. Issuing to green card holders but not to H1-B's or the like is unconstitutional.

    Washington State is fixed. Gray Peterson and I got the ball rolling on that 2 years ago, and SAF picked up the ball and finished the job.

    Here is the list of states with the U.S. Citizen requirement left.

    Montana
    New Mexico
    Oklahoma
    Louisiana (for .3 permits only)
    Arkansas
    South Dakota
    Hawaii (for all gun licenses, the state enforces it against registration also)
    Nebraska (for Purchase permits as well)
    Missouri
    North Carolina (purchase permits as well)
    Massachusetts (complicated but it should be fixed soon)
    Oregon (non-residents must be citizens, residents must swear they plan to become citizens)

    Florida while they issue to resident aliens, they won't to non-immigrant aliens not to any person who lives overseas. If your job takes you to Europe or Asia or something and you need to renew your Florida license, the state tells you no, thanks to the "pro-gun" people in the legislature down there.

  3. #3
    Regular Member MKEgal's Avatar
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    Wait a minute - the ACLU is taking a gun-rights case?
    Oh, yeah, it's winter; of course Hell, MI is frozen over.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

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    Regular Member oldbanger's Avatar
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    Changes In South Dakota's Concealed Carry Law

    HB 1149 which would change the law to include legal residents was introduced 25 Jan

    State of South Dakota
    EIGHTY-SIXTH SESSION
    LEGISLATIVE ASSEMBLY, 2011

    HOUSE BILL NO. 1149

    Introduced by: Representatives Gosch, Blake, Bolin, Brunner, Conzet, Gibson, Hansen (Jon), Hunt, Kirkeby, and Liss and Senators Cutler, Begalka, Brown, Frerichs, Olson (Russell), Peters, and Rave

    FOR AN ACT ENTITLED, An Act to allow legal residents of the United States to obtain a concealed pistol permit.
    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That 23-7-7.1 be amended to read as follows:
    23-7-7.1. A temporary permit to carry a concealed pistol shall be issued within five days of application to a person if the applicant:
    (1) Is eighteen years of age or older;
    (2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
    (3) Is not habitually in an intoxicated or drugged condition;
    (4) Has no history of violence;
    (5) Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in 27A-1-1 or is not currently adjudged mentally incompetent;
    (6) Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
    (7) Has had no violations of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
    (8) Is a citizen or legal resident of the United States; and
    (9) Is not a fugitive from justice.
    A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
    Last edited by oldbanger; 01-30-2011 at 07:36 PM.

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    Regular Member XDSTEEL's Avatar
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    Quote Originally Posted by MKEgal View Post
    Wait a minute - the ACLU is taking a gun-rights case?
    Oh, yeah, it's winter; of course Hell, MI is frozen over.

    I know its cold enough!! BRRRRRRRRRRRR!
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

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    Interesting find! I am actually a U.S. Citizen who was refused the ability to renew my otherwise-valid Florida Concealed Weapons License simply because I am now overseas.

    I'm off to Google to look for more info on this!

    I think that a positive outcome on this case would be beneficial to me!

  7. #7
    Regular Member XDSTEEL's Avatar
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    Quote Originally Posted by OC4me View Post
    Interesting find! I am actually a U.S. Citizen who was refused the ability to renew my otherwise-valid Florida Concealed Weapons License simply because I am now overseas.

    I think that a positive outcome on this case would be beneficial to me!
    I think I saw the ruling and that was FOR the resident. Just because you are overseas you can still renew without any problems. I know that most states still will issue a permit even if you are stationed/deployed overseas. I am in the military and never had any problems. But who knows I don't live in FLorida however, I did submit mine application recently
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

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