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Fed to NC on Concealed Carry for Non-citizens - Can't restrict.

Discussion in 'Legal & Political Archive' started by RicInOR, Apr 27, 2015.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Not ILLEGALS, but non-citizens.

    "A federal district court in North Carolina held Friday that North Carolina may not discriminate against permanent resident noncitizens in issuing licenses to carry concealed guns. (Messmer v. Harrison.) The U.S. Supreme Court’s D.C. v. Heller decision said that general bans on concealed carry of guns are constitutional, because the have been around in many states starting with the early 1800s. But the Supreme Court held that state laws discriminating against noncitizens — even as to activities that aren’t themselves constitutional rights — usually violate the Equal Protection Clause. That seems to be the court’s rationale in this case. "

  2. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Wait wait wait..
    So.. True American citizens are targeted, discriminated against and denied firearms and the right to carry and any shmo fresh off the boat can obtain one?

    Im all for freedom but for tax paying, law abiding citzens WHO grew up with OUR type (which is diverse) of values.

    Take a look at what other countries put Americans through! Yet we keep pandering to the minority BEFORE we'd pander to ourselves? Why?
  3. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    What is a "permanent resident noncitizen"?
    Caveman Jim likes this.
  4. broncman

    broncman E. of Portland yet to close! Quality Control!

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    Person with a Green Card (not called that anymore). Takes 5 years to get naturalized/become us citizen.
  5. tunus

    tunus PDX, United States Active Member

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    The court actually made the correct decision this time. This has nothing to do with illegals. There are a number of different ways to come to this country legally, become permanent resident and eventually become naturalized citizen. A permanent resident has all rights and responsibilities as a naturally born citizen, except the right to vote. The equal protection clause, found in the bill of rights, ensures legal permanent residents have the same rights and responsibilities. I actually believe the Oregon CHL law is unconstitutional, because it requires permanents residents to jump through extra hoops costing $250 on top of the CHL fee.

    This is a good decision by the court. There are a ton of people who legally seek better future in the US and one of the attractions is the Second Amendment.
    Stomper and soberups like this.
  6. The Heretic

    The Heretic Oregon Well-Known Member

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    All people have the same rights, regardless of their nationality, ethnicity or their location.

    The US Constitution only enumerates and recognizes some of those rights, it does not grant them.

    Some people and some legal precedents claim otherwise, but they are wrong.

    "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
    PiratePast40 likes this.
  7. Benny503

    Benny503 Grants Pass Well-Known Member

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    This is a subject that clearly need to discuss. My best friend is in the army over Iraq. On a vacation he went to Thailand, while on the plane he met this flight attendant and decide to get married.
    She is in United States legal on her green card. He is in Iraq serving this country. She is trying hard to get her American Citizenship but Homeland Security made her wait. So you meant she can not get her CCP just like any of us?
  8. tunus

    tunus PDX, United States Active Member

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    If she is in Oregon, the Oregon CHL law requires she submits a "Declaration of intent to become US citizen" with DHS. The filing cost is $250. DHS then decides to accept your declaration or reject it. If she gets rejected (I suspect she will if they are not allowing her to begin the naturalization process), then her local sheriff will also deny her CHL application. Ironically, she can get the Utah CHL and will be allowed to carry concealed in all states that recognize Utah's permit except her home state of Oregon.
    Benny503 likes this.