Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

SAF wins CCW challenge in New Mexico for res. legal aliens

Discussion in 'Legal & Political Archive' started by Dave Workman, Mar 31, 2014.

  1. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

    Messages:
    3,225
    Likes Received:
    2,390
    SAF wins injunction v. N.M. “citizens only” CCW requirement


    The Second Amendment Foundation notched another court victory today, this time in New Mexico, where a section of that state’s concealed carry law was hit with a permanent injunction for violating the Constitution’s equal protection clause, while in neighboring Colorado, a federal court this morning began hearing a challenge to that state’s new gun laws, passed in 2013.

    http://www.examiner.com/article/saf-wins-injunction-v-n-m-citizens-only-ccw-requirement
     
    Joe Link likes this.
  2. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    Dave, nice to see you write about stuff that matters for a change :)
     
  3. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

    Messages:
    3,225
    Likes Received:
    2,390
    HA!
    Everything I write about matters to somebody. Perhaps just not to you. ;)
     
    pokerace and fd15k like this.
  4. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

    Messages:
    658
    Likes Received:
    412
    See some good stuff from Dave, don't see the one about Nebraska but we go it on the GRC FB page. Once I read this I imagine it will be there too.
     
  5. 8ball

    8ball WA Quit talkin' and start chalking!

    Messages:
    977
    Likes Received:
    224
    Maybe SAF could turn their attention to the stupid WA law that prohibits most non citizens from even visiting a range?

    I'm sure the ranges would like the tourist dollars!
     
  6. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    How does the law read ? I suspect it's not about permanent residents.
     
  7. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

    Messages:
    658
    Likes Received:
    412
    We have several laws that I would like to see addressed. I'm not aware of this one though, can you provide more details?
     
  8. John H

    John H Whatcom County Well-Known Member

    Messages:
    793
    Likes Received:
    489
    Which law is that?? There are lots of Canadians that use both ranges in Whatcom county
     
  9. 8ball

    8ball WA Quit talkin' and start chalking!

    Messages:
    977
    Likes Received:
    224
    RCW 9.41.175 basically prohibits non-immigrant aliens from shooting, unless it's for hunting or a sporting event. Basically, you can't just take non-citizens to the range like you would any American. Canadians are exempt.

    The relevant language is:

    (3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used.

    The type of range tourism you see in places like Vegas and Honolulu is illegal in WA, for no good reason. It would be interesting to understand the origins of this law. Any theories?
     
  10. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    Okay, so just like I suspected - non-immigrants. The law is probably inspired by the Federal law regarding possession by non-immigrants. Initially ATF interpreted it to mean all non-immigrants with hunting and competition exceptions, but about a year ago they got slapped by DOJ for including visa waiver folks in the prohibition. Either way, I think when WA legislators got inspired by that stuff, they took it a bit too far.

    One more thing. That Vegas gun tourism you're talking about is very illegal under Federal law. Feds never really bothered to catch foreigners on it, but it did happen. One case comes to mind was some middle-eastern student a few years ago, who was a terrorist suspect and was being watched by FBI. They couldn't dig up any terrorism stuff on him, so they busted him when he held a rifle at a shooting range. Now as I said above, interpretation has changed with the aid of DOJ, but still a lot of tourists are prohibited from handling firearms unless they buy hunting licenses or state shooting competition as the reason for their admission to the US.
     
    Last edited: Apr 1, 2014
  11. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
  12. 8ball

    8ball WA Quit talkin' and start chalking!

    Messages:
    977
    Likes Received:
    224
    Really? That's not what the FAQ on the ATF site says, or the DoJ. I believe they realized a couple of years ago that there was no legal basis for the ATF making this claim in the majority of cases e.g. tourists at a range on a visa waiver.

    http://www.atf.gov/files/firearms/faq/non-immigrant-aliens.pdf

    Also see http://www.justice.gov/olc/opiniondocs/nonimmigrant-firearms-opinion.pdf

    The DoJ clearly point out where the ATF went wrong in their interim rule.

    Ironically, when I searched for more info, I ended up back here at a thread from last year in which we both posted.

    http://www.northwestfirearms.com/th...-london-early-banned-from-social-media.93875/
     
  13. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    Nothing in the message above contradicts what I said :)
     
  14. John H

    John H Whatcom County Well-Known Member

    Messages:
    793
    Likes Received:
    489

    So just for instance, I knew someone who once took a Japanese exchange student to the range , that would be illegal right ??
     
  15. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    One of the questions before was also how the person entered US. Japanese nationals are eligible for visa-waiver, I believe, but an exchange student likely came on F1 visa... I will need to re-read that DOJ opinion.