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CA - Have a foreigner in your home? All firearms may need to be locked up

Discussion in 'Legal & Political Archive' started by RicInOR, Oct 16, 2013.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    "WHAT IF THEY’RE UNDOCUMENTED FIREARMS? Live With a Foreigner Who Doesn’t Have a Green Card? You Must Keep Your Guns Locked Up. “That’s what the newly enacted Cal. Penal Code § 25135, just signed by Gov. Brown, would do (on pain of criminal punishment).” - via Glenn
    Live With a Foreigner Who Doesn't Have a Green Card? You Must Keep Your Guns Locked Up | The Volokh ConspiracyThe Volokh Conspiracy

    I don't read the California Penal Code, I probably wouldn't understand it.

    Some things come to mind, in addition to some of the examples cited in the article.
    - What CA does, tends to come to other states -
    - You could be married to an alien, who does not yet have their green card
    - You could have adopted someone into your home, ....
    - You may have your spouses parents living with you ...
    - You may have rented rooms to a student ...

    What I didn't know and see in the article is Federal law, 18 U.S.C. § 922(d)(5)(B), (g)(5)(B),
    I work with a number of foreign nationals - from our India or Taiwan branches. We are always looking for fun things to do while they are here. The key phrase is "Possessing." So I guess we can't take them to the range. Now I'll have to have a conversation with our HR/Legal department. Wonder if there would be other things we can't take them to? - like a Monster Truck Jam.
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    This would be no different then letting someone shoot your NFA or letting a kid shoot your firearms. They do not possess it, you are there and still in control of/own it.
  3. mkwerx

    mkwerx Forest Grove, OR Well-Known Member

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    If the person is here legally - on a visa, I don't see any issue and I don't think California's law would hold water under a constitutional test. If the law only targets people harboring illegal aliens, then fine. Someone here on any sort of visa, or with resident alien status, etc should be no problem.

    And F california and their BS laws anyway. Just sayin.
  4. coop44

    coop44 Tacoma ,WA Well-Known Member

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    In CA you are required to have a safe anyway, this law sounds kind of redundant. just another charge to add on should anything happen.