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legal alien gun ownership protected by 2A & Equal Protection Clause - in WA - for now

skidmark

skidmark

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legal alien gun ownership protected by 2A & Equal Protection Clause - in WA - for now

http://volokh.com/2011/10/27/second...on-clause-victory-for-legal-alien-gun-owners/

A pre-2009 Washington state law, under which Yasin Ibrahim was convicted, required aliens to get a license . (A new statute sets up a different licensing scheme for alien gun owners, but that statute wasn’t involved in this case.) Ibrahim was prosecuted under the old law, for having an unlicensed gun. Today’s State v. Ibrahim (Wash. Ct. App.) holds that the old law violated the Equal Protection Clause by unconstitutionally discriminating against noncitizens. And in the process the court says that the law did this “by denying [legal aliens’] Second Amendment right to keep and bear arms.”
This independent focus on the Second Amendment is important because the Supreme Court has read the Equal Protection Clause as barring most (but not all) state discrimination against noncitizens; the federal government remains generally free to discriminate against noncitizens. But if the Washington Court of Appeals is right that legal aliens are protected by the Second Amendment, that means that even the federal government may not ban them from owning guns.
Click to expand...

This is going to be BIG news if it survives any further challenges - and yes, I fully expect Washington State to go as far as SCOTUS to fight this.

Armchair lawyers as well as attorneys are encouraged to read the decision and absorb the reasoning.

stay safe.
 
J

Jared

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Michigan, USA
skidmark said:
http://volokh.com/2011/10/27/second...on-clause-victory-for-legal-alien-gun-owners/



This is going to be BIG news if it survives any further challenges - and yes, I fully expect Washington State to go as far as SCOTUS to fight this.

Armchair lawyers as well as attorneys are encouraged to read the decision and absorb the reasoning.

stay safe.
Click to expand...

I don't think WA will fight this. Gray Peterson and I were the ones who were initially behind the effort to repeal the non-citizen rules in Washington. SAF made it happen and I'm grateful to those fine folks for making it happen.

The law was changed, the only people who are required to get a license are non-immigrant aliens who RESIDE in WA for more than 90 days. It was a result of the lawsuit and it made the situation over 95% better.

This case was about a conviction under the old law. The reason he (or any alien of any status) would fight this is because any alien convicted of any firearms violation is deportable (serious constitutional questions).
 
NavyMike

NavyMike

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Oct 13, 2009
Messages
195
Location
Eastside, Washington, USA
skidmark said:
http://volokh.com/2011/10/27/second...on-clause-victory-for-legal-alien-gun-owners/



This is going to be BIG news if it survives any further challenges - and yes, I fully expect Washington State to go as far as SCOTUS to fight this.

Armchair lawyers as well as attorneys are encouraged to read the decision and absorb the reasoning.

stay safe.
Click to expand...

I don't see why the state would appeal this. Washington already got rid of its requirement for permanent resident aliens to apply for an Alien Firearms License.
 
hermannr

hermannr

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Mar 24, 2011
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Okanogan Highland
With the current AG, and the change in the law, I would be very surprised if WA tried to go any farther than this.
 
S

Steve Larson

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Mar 5, 2012
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Edmonton, Alberta
Please forgive my ignorance... I am Canadian, with a Form6 NIA which allows me to bring my firearms to the US. I was planning on OC while in Nevada and I have been doing as much research as possible to make sure I am within your laws at all times.

Is this "Equal Protection Clause" a federal thing? What exactly is it? If I understand correctly from some of the posts, it basically says that a law abiding "visitor" to the U.S is afforded the same rights and freedoms as a citizen of the US.

I have been told that since I am allowed to possess my firearms in the US, that I am allowed to follow whatever state laws there are in whichever state I happen to be visiting, which would then come to mean that I can OC in Nevada (not CC as I am not a U.S citizen, which is a requirement for CC permit in Nevada)
 
hermannr

hermannr

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Hej Steve! Edmonton, Good town, graduated from college there...

The equal protection clause says everyone should be treated equally under the law. That is all.

As to firearms, WA law (and probably a lot of other states too) treat Canadians quite differently than visitors from other countries. The Washington state code is "RCW 9.41.175" http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.175

I still don't like it as it reads now, but it was better than it was. I would rather see it just go away completely, but with the mexican gang activity I doubt it will just go away.

If you are going to NV you need to check NV state law.
 
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