Warning:
(image courtesy of Robb Allen)Massachusetts Sued Over Gun Rights of Legal Immigrants
It sounds like the "resident alien permit" only allows the person in question to receive an FID card, which only permits shotguns and non-high-capacity longarms. The FID card is the only card in MA that is "shall issue", meaning that unless you are legally prohibited from owning a gun, you can get the FID card. The Class B & A permits are needed for high capacity rifles and handguns; these are "May Issue" (at the Chief of Police or his designee's whim).The Second Amendment Foundation is leading a civil action lawsuit in federal district court against Massachusetts challenging a law that denies non-U.S. citizens the right to possess a handgun in their own homes.
Under the current law in Massachusetts, legal permanent residents -- who carry what is commonly referred to as a "green card" -- are not allowed to hold a firearm identification card or license to carry of any kind. Instead, they must apply for a resident alien permit, which allows a person to possess only a “low capacity” rifle or shotgun.
It's baffling, though, why there's a repeated insistence on the "self defense in the home" part of the challenge. It seems to me that the legal immigrants are allowed to own rifles and shotguns - they are allowed firearms for self defense in the home already. It would seem more plausible that Equal Protection would come into play here under the 14th Amendment, but then again, I only had dinner with Alan Gura, I didn't study Constitutional Law with him...
In any case, this will be a case to watch, that's for certain...
That is all.
2 comments:
The Alien permit isn't even as good as an FID. It allows you to possess, but NOT PURCHASE in MA.
The self defense in the home part is stressed because Heller and McDonald explicitly protect handguns as the most common choice for self defense.
Comm2A is leading the legal fight for gun rights in MA. That's where all my extra donations go these days.
I discovered this, myself, as Inappropriately Hot Foreign Wife can't get a class A or B, despite the fact that her handsome and dashing husband works away from home 66% of the time, leaving the rest of the fam without a hulking male presence. I hate MA.
Post a Comment