Btw, to make clear here, we're talking about a permanent resident alien, not an illegal immigrant:
Say v. Adams
While aliens are a suspect class, distinctions made between different classes of aliens are not subject to strict scrutiny. For example, “classification . . . based on the legality of the alien’s presence in the country under federal law (lawful permanent resident aliens vs. illegal aliens) and/or the length of time the federal government has authorized the alien to stay in the country (permanent vs. temporary)” is not a distinction that burdens a suspect class. League of United Latin American Citizens v. Bredesen, 500 F.3d 523, 531 (6th Cir. 2007). However, K.R.S. § 237.110(4)(b) clearly makes a distinction between “citizens” and “aliens,” and not merely subclasses of aliens.
Under Supreme Court and Sixth Circuit precedent,
“lawful permanent residents are the only subclass of aliens who have been treated as a suspect class.” Bredesen, 500 F.3d. at 533.
The citizenship provision allows citizens to obtain a CCDW license, and prohibits all aliens, including lawful permanent residents, from obtaining a license.
On the basis of precedent binding on the Court, Plaintiff, as a lawful permanent resident of the United States, is entitled to the special protection afforded by strict scrutiny review.
So, LPR's are subject to strict scrutiny review in terms of equal protection. Citizenship gains you voting and taking political office, and being able to do certain public safety jobs, and certain sensitive government jobs. Most LPR's don't do any of those things.
Equal protection applies in various ways to all persons. If you don't agree with the idea that LPR's can carry around a piece of metal that should honestly be treated no differently than carrying a book (I thought you guys are hard core and no-compromise and all?), then you can begin the process of getting the constitution amended to reflect your beliefs. It's that simple....
