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Do people unlawfully present have a right to keep and bear arms?

View Poll Results: Does an unlawfully present person have the right to keep and bear arms?
Yes.
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No.
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Do people unlawfully present have a right to keep and bear arms?

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Old Mar 2nd 2018, 12:32 am
  #16  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by 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.
Unfortunately just because something is legal at a federal level does not make it legal at the State level. As I stated, Washington, even a green card holder will spend time in jail for owning a gun. The feds only get involved crossing from State to State. I assume you did not cross at the Washington border.

Also because something is illegal, it does not prevent people breaking the law either willingly or through ignorance.
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Old Mar 2nd 2018, 5:43 am
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by mrken30
Unfortunately just because something is legal at a federal level does not make it legal at the State level. As I stated, Washington, even a green card holder will spend time in jail for owning a gun.
RCW 9.41.173


Alien possession of firearms—Alien firearm license—Political subdivisions may not modify requirements—Penalty for false statement.



(1) In order to obtain an alien firearm license, a nonimmigrant alien residing in Washington must apply to the sheriff of the county in which he or she resides.


(2) The sheriff of the county shall within sixty days after the filing of an application of a nonimmigrant alien residing in the state of Washington, issue an alien firearm license to such person to carry or possess a firearm for the purposes of hunting and sport shooting. The license shall be good for two years. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. An application for a license may not be denied, unless the applicant's alien firearm license is in a revoked status,
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Old Mar 2nd 2018, 1:42 pm
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Thanks lansbury. There was a situation a few years ago where aliens couldn't obtain the license because some authority in the process refused to do the background check. It was sorted out though and now aliens can buy and own firearms in WA.
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Old Mar 2nd 2018, 4:01 pm
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by Anian
Thanks lansbury. There was a situation a few years ago where aliens couldn't obtain the license because some authority in the process refused to do the background check. It was sorted out though and now aliens can buy and own firearms in WA.
Originally Posted by lansbury
RCW 9.41.173


Alien possession of firearms—Alien firearm license—Political subdivisions may not modify requirements—Penalty for false statement.



(1) In order to obtain an alien firearm license, a nonimmigrant alien residing in Washington must apply to the sheriff of the county in which he or she resides.


(2) The sheriff of the county shall within sixty days after the filing of an application of a nonimmigrant alien residing in the state of Washington, issue an alien firearm license to such person to carry or possess a firearm for the purposes of hunting and sport shooting. The license shall be good for two years. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. An application for a license may not be denied, unless the applicant's alien firearm license is in a revoked status,

But only for hunting or sports shooting. That probably excludes hand guns and any type of "home defense" style weapon. Many States have different rules for hunting and CCW/CCH permit holders. I think Oregon you may have to go to a hunting course now to get a hunting permit. I wonder if the same applies in WA. Could you get away with having guns if you don't go hunting or belong to a club in WA?

Last edited by mrken30; Mar 2nd 2018 at 4:08 pm.
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Old Mar 2nd 2018, 4:14 pm
  #20  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

There is some fudge factor, I know there is in Southern Colorado where roads zig zag across the border with New Mexico.
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Old Mar 2nd 2018, 5:40 pm
  #21  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

I bought my first gun in Alabama while a non-immigrant (H1 visa). IIRC I was required to purchase a hunting license first and completed a background check.
However, I could not get a CCW at the time as Alabama was a 'may-issue' state and the sheriff's policy was not to issue to non-citizens. Alabama later changed to a 'shall-issue' state and I was able to obtain a CCW while still a non-immigrant.
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Old Mar 2nd 2018, 5:42 pm
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by chawkins99
I bought my first gun in Alabama while a non-immigrant (H1 visa). IIRC I was required to purchase a hunting license first and completed a background check.
However, I could not get a CCW at the time as Alabama was a 'may-issue' state and the sheriff's policy was not to issue to non-citizens. Alabama later changed to a 'shall-issue' state and I was able to obtain a CCW while still a non-immigrant.
Did you buy a CCW weapon with a hunting license? Just curious.
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Old Mar 2nd 2018, 5:45 pm
  #23  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by mrken30
Did you buy a CCW weapon with a hunting license? Just curious.
Yes. A 9mm S&W pistol. Confused me too.
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Old Mar 2nd 2018, 6:10 pm
  #24  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by mrken30
But only for hunting or sports shooting. That probably excludes hand guns and any type of "home defense" style weapon. Many States have different rules for hunting and CCW/CCH permit holders. I think Oregon you may have to go to a hunting course now to get a hunting permit. I wonder if the same applies in WA. Could you get away with having guns if you don't go hunting or belong to a club in WA?
I think you have to be a member of a shooting club, but that would allow you to own handguns as well as rifles. No shortage of clubs around, even in urban areas, not hard or expensive to become a member.
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Old Mar 2nd 2018, 6:13 pm
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by Anian
I think you have to be a member of a shooting club, but that would allow you to own handguns as well as rifles. No shortage of clubs around, even in urban areas, not hard or expensive to become a member.
I wonder if other restricted classes can also use the hunting loophole.
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Old Mar 2nd 2018, 9:32 pm
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by mrken30
But only for hunting or sports shooting. That probably excludes hand guns.....
Where did you get that from the same place as "being jailed for possessing a gun". I have no idea if it would exclude a hand gun or not, although Glock list several of their pistols as suitable for competitive shooting.
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Old Mar 2nd 2018, 10:38 pm
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by lansbury
Where did you get that from the same place as "being jailed for possessing a gun". I have no idea if it would exclude a hand gun or not, although Glock list several of their pistols as suitable for competitive shooting.
I was visualizing going hunting with a hand gun, but yes you are correct pistol competitions are quite popular. I would assume you have to be a member of a club, but who knows. I am also assuming that you have to renew your hunting license every year in order to keep the gun for hunting purposes?

I referenced the source for gun possession in WA being a felony. You have shown that not everything on the internet can be trusted.

Last edited by mrken30; Mar 2nd 2018 at 10:43 pm.
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Old Mar 3rd 2018, 12:03 am
  #28  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by mrken30
I was visualizing going hunting with a hand gun, but yes you are correct pistol competitions are quite popular. I would assume you have to be a member of a club, but who knows. I am also assuming that you have to renew your hunting license every year in order to keep the gun for hunting purposes?

I referenced the source for gun possession in WA being a felony. You have shown that not everything on the internet can be trusted.
The one thing that is obvious is that all this varies by State, I know my State rules which are different.

A Hunting License for Big Game is specific to a particular season, now you can get annual ones for small game.
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Old Mar 3rd 2018, 12:21 am
  #29  
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by Boiler
The one thing that is obvious is that all this varies by State, I know my State rules which are different.

A Hunting License for Big Game is specific to a particular season, now you can get annual ones for small game.
So when people talk about gun laws in the US, they do not realize that they vary by each State. A lot of laws are set at State level, which is probably where changes need to be made first.
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Old Mar 3rd 2018, 12:26 am
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Default Re: Do people unlawfully present have a right to keep and bear arms?

Originally Posted by mrken30
So when people talk about gun laws in the US, they do not realize that they vary by each State. A lot of laws are set at State level, which is probably where changes need to be made first.
Well there seems a lot of misunderstanding, Colorado has already enacted strict gun control laws.
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