Steve_

Bit of a thought provoker this one, because on the one hand, right-wing people are generally against illegal immigration and for gun ownership and left-wing people are a bit more tolerant on the immigration issue and less enthusiastic about gun ownership.

Legally, there's lots of people who have been convicted of illegal possession of a firearm because they were unlawfully present (there is a specific ban in federal law) but there is constitutional case law that has come along that suggests that any person unlawfully present who has "substantial ties" to the US (usually interpreted as being in the US for more than six months) has full constitutional rights, so that in theory includes their Second Amendment rights.

Hmm.

scrubbedexpat099

How would an illegal pass a background check?

zzrmark

Federal law (18 U.S.C. 922(g)(5)) says no. Ergo, they are prohibited by statute not because they have no 2nd amendment rights.

Circuit Courts have differing rulings but no there has been no overriding Supreme Court ruling.

HTH

zzrmark

All the recent chat about guns and you're implying that you are still unaware of the private seller clause exempting background checks?

Rete

Can't fathom why it is thought provoking.

Guindalf

Not at all thought provoking. If someone is here unlawfully, they automatically have none of the rights of a citizen or even a legal alien!

As a naturalized citizen who happened to pick up his CCL this morning, I don't see where this is even a question!


ETA: The 'Right to Bear Arms' is in th Constitution, a document that does not apply to anyone outside the law in this way!

AdobePinon

Good thing you’re not an attorney.

Tarkak9

via identity theft ........

law by means of convenience and discretion, imo. Are illegal immigrants protected/have rights under 1st, 4th, 5th, 6th Amendment? eg Can ICE/INS merely barge in their place of residence?

mrken30

Even lawfully present people don't have the right to keep arms or protective clothing. Only citizens have that right.

Rete

Where do you get this from? My husband was allowed to bring his rifles into the US when he came across the border with his K-1.

mrken30

Not sure about your State, but Oregon resident can only own guns if they have become a Legal Alien Resident and have a Permanent Residence Card, then, after 6 months residency in Oregon, can buy and own firearms. I think WA is more strict, Possession of a firearm by a non-citizen is a felony! Also getting a background check is almost impossible without SSN.

There are also other restrictions for some visa holders

http://vrolyk.org/guns/alien-laws.html

lansbury

He might live in a State that requires background checks for private sales.

scrubbedexpat099

Location: Colorado

mrken30

Under the new law, before any person who is not a licensed gun dealer transfers possession of a firearm, he or she must arrange for a licensed dealer to obtain the required background check. In obtaining the background check, the dealer must follow all procedures that it would follow were it transferring the firearm in a retail transaction, including recording the transfer, retaining the records, and complying with all state and federal laws. The dealer must provide a copy of the background check results and the Bureau's approval or disapproval to the transferor and intended transferee, and may charge a fee of up to $10.

https://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

Rete

You did not preface your first post with your clarifying second post until you were questioned.

There are 49 other states in the union. Husband was allowed to bring his rifles into the US by the federal agency overseeing firearms and not a state agency.