Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

NM:Legal Immigrants Have Same Right to Concealed Carry Permit as Citizens
Gun Watch ^ | 4 April, 2014 | Dean Weingarten

Posted on 04/07/2014 8:53:52 AM PDT by marktwain


On 31 March, the U.S. District Court for New Mexico ruled that legal immigrants have the same right to obtain a concealed carry permit as citizens.   The equal protection clause mandates that legally residing residents be treated the same under the law.  From Jurist.org:

BELLEVUE, WA – The chief U.S. District Court judge in New Mexico today granted a permanent injunction against the State of New Mexico’s “citizens only” concealed carry law that unfairly discriminated against permanent legal resident aliens in a case brought by the Second Amendment Foundation.
The Second Amendment Foundation backed the lawsuit  From the Washington Times:
Alan M. Gottlieb, executive vice president of the foundation, said the discrimination ruling makes it increasingly difficult for gun control advocates to chip away at gun rights.

“It helps build case law,” he said. “If legal aliens have rights, citizens obviously do, too.”

There are a number of states that have the qualifier of citizenship in their carry permit laws. It is likely that all of those qualifiers will fall. Equal protection under the law is well established in U.S. jurisprudence.

Another obvious infringement of the right to bear arms is the denial of the right to defend yourself while you are traveling.

It is clear that crossing state lines does not alienate a persons right to self defense.  Citizens who are traveling across state lines do not give up their right to keep and bear arms.  The votes to enact national reciprocity based on the second amendment and the full faith and credit clause of the Constitution exist in the Senate and the House. Only the Senate leadership and the President are preventing its passage.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch


TOPICS: Education; Government; Politics; Society
KEYWORDS: banglist; ccw; constitution; nm
We need to work on reciprocity between all the states, and then reciprocity between the U.S. Canada, and Mexico. It was only a few decades back when U.S. citizens could bring .22 rifles and pistols to Mexico, and transport handguns through Canada with a mere plastic seal that had to remain intact.
1 posted on 04/07/2014 8:53:53 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

I have no problem with this. As long as they are legal immigrants.


2 posted on 04/07/2014 8:58:30 AM PDT by Washi (Stop Obama's War On Jobs)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

When only the criminals who have guns
The rest of us become ... " VICTIMS " !!


3 posted on 04/07/2014 8:59:26 AM PDT by Tilted Irish Kilt (Enlightened statesmen will not always be at the helm. -- James Madison)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Of course legal immigrants have the same legal rights we do.


4 posted on 04/07/2014 8:59:37 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Washi
I have no problem with this. As long as they are legal immigrants.

Read between the lines. Illegals are treated like "legal" by the Demonicrats.

5 posted on 04/07/2014 9:00:55 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: cripplecreek

I would love to see the Dems flip out about THIS.

Oh, and long time, no see Cripplecreek ! Hope all is going well.


6 posted on 04/07/2014 9:01:44 AM PDT by Celerity
[ Post Reply | Private Reply | To 4 | View Replies]

To: Celerity

Democrats are carefully selective in their outrage.

Detroit probably has some of the freest gun laws of any large city in the nation but you don’t see the democrats up here marching to get rid of our stand your ground laws.


7 posted on 04/07/2014 9:08:09 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: marktwain
On 31 March, the U.S. District Court for New Mexico ruled that legal immigrants have the same right to obtain a concealed carry permit as citizens

If they did Open-Carry there would be no dispute:

Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

8 posted on 04/07/2014 9:14:49 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

The key word here is legal, and that’s cool. Free people should be responsible for their own lives.


9 posted on 04/07/2014 11:01:19 AM PDT by pallis
[ Post Reply | Private Reply | To 1 | View Replies]

To: pallis

+


10 posted on 04/07/2014 6:20:53 PM PDT by S.O.S121.500 (Had Enough Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
[ Post Reply | Private Reply | To 9 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson