Posted on 09/20/2014 3:00:35 AM PDT by right-wing agnostic
Under Hawaii law, a lawfully admitted permanent resident was not permitted to apply for a firearm permit because he was not yet a citizen. A federal district court invalidated this practice, finding an unlawful classification based on alienage under the Equal Protection Clause and the Second Amendment. The undisputed facts establish that Fotoudis, as a lawful permanent resident alien of the United States (and resident of Hawaii), was denied the opportunity to apply for a permit to acquire firearms solely because of his alienage.3 This classification violates the equal protection clause of the U.S. Constitution. HRS § 134-2(d) is thus unconstitutional as-applied to Fotoudis (and other lawful permanent resident aliens), and Defendants are therefore permanently enjoined from denying Fotoudis the opportunity (1) to apply for a permit to acquire firearms, and (2) to obtain such a permit, if he otherwise meets the qualifications of state law, as specifically set forth in the Conclusion of this Order. Applying strict scrutiny, the court found this classification was not narrowly tailored: Applying strict scrutiny and assuming that Hawaii has a sufficient general interest in requiring permits to acquire firearms, denying Fotoudis the opportunity to apply for (and to obtain) a permit merely because he is a lawful permanent resident and not a U.S. citizen “is not a narrowly tailored means of achieving that goal.” … Accordingly, Fotoudis has succeeded in proving a violation of equal protection — he was denied an opportunity to apply for a permit to acquire firearms based solely on his status as a lawful permanent resident alien.
(Excerpt) Read more at joshblackman.com ...
Well, you see, I’m really torn about this one, as I’m normally very pro 2nd Amendment.
BUT...what special rights do CITIZENS of this republic enjoy that distinguish them from resident aliens?
I can’t think of one.
What advantage is it to be a citizen? I can only thing of disadvantages, obligations, and duties. No benefits to being a citizen. Someone help me out, maybe it’s too early in the morning and there are some. ;)
The right to vote, the right to travel internationally using a US passport, and the right to return to the US without permission (although the latter is being eroded.)
Wrong ruling. The Constitution does not protect or apply to non-Citizens. Somebody needs to go back and read the Federalist Papers....
An alien, even an illegal alien has Constitutional Rights.
They protest in our streets openly-1st Amendment
They are protected by the 4th, 5th, 6th, 8th in criminal matters.
I don’t know of any documents or legislation that would preclude them from enjoying the 2A as well.
I don’t know about you but illegal aliens openly carrying firearms in this nation is armed enemy force. Just sayin’
I agree with you 100%! Chief Justice Roger Taney said one good thing is his Dred Scott opinion. He pointed out that the terms “person”, “persons”, and “the people” were all synonymous with the term “citizen” or “citizens”. I, too, think it’s a travesty the way the Constitution has been and continues to be interpreted to grant many of the same basic rights and freedoms, regardless of citizenship./rwa
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.