Should the Second Amendment Apply to Legal Resident Aliens?
The Second Amendment Foundation has filed a lawsuit in federal district court challenging a New Mexico law that prohibits concealed...
The Second Amendment Foundation has filed a lawsuit in federal district court challenging a New Mexico law that prohibits concealed carry permits from being issued to legal resident aliens.
The SAF filed the complaint on April 23rd on behalf of John W. Jackson, an Australian citizen who came to the U.S. in 2007 and obtained permanent resident status in 2008. When he applied for a concealed carry permit, his application was denied because New Mexico only allows citizens to have the benefit of an armed defense by concealed carry.
According to SAF Executive Vice President and Founder Alan Gottlieb, the 2010 McDonald v. city of Chicago Supreme Court ruling incorporated the Second Amendment to the states via the 14th Amendment’s “equal protection clause.”
“The 14th Amendment’s equal protection clause renders (New Mexico’s) ban on non-citizens obtaining a concealed carry permit to be unconstitutional,” Gottlieb said. “Mr. Jackson and others like him only seek to be treated the same as law-abiding citizens. The Second Amendment renders a ban, such as that challenged in our action, to be impermissible.”
This is the fourth time the SAF has challenged statutes that limit legal resident aliens’ firearms rights since 2008. It has filed successful suits in Washington state; Omaha, Neb.; and in Massachusetts.
On March 30, U.S. District Court Judge Douglas P. Woodcock concluded in his ruling against Massachusetts in Fletcher v. Hass that “…the Massachusetts firearms regulatory regime, as applied to the individual plaintiffs, contravenes the Second Amendment.”
Massachusetts indicated that it will appeal Woodcock’s ruling.
“Legal resident aliens in the United States should have the same personal protection rights as anyone because criminals don’t play favorites,” Gottlieb said.
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