SAF wins injunction v. N.M. “citizens only” CCW requirement

[Jgarrick]

Source: Examiner.com

The Second Amendment Foundation notched another court victory today, this time in New Mexico, where a section of that state’s concealed carry law was hit with a permanent injunction for violating the Constitution’s equal protection clause, while in neighboring Colorado, a federal court this morning began hearing a challenge to that state’s new gun control laws, passed in 2013.

The SAF case was Jackson v. Eden, and it challenged the New Mexico requirement that all applicants for carry licenses be U.S. citizens.

Chief U.S. District Judge M. Christina Armijo issued the order Monday morning in Albuquerque, noting that the state can sever the offending requirement and still enforce the remainder of the carry statute, which has other legal requirements that all applicants must satisfy.

John W. Jackson is an Australian citizen who resides permanently in Rio Rancho, a community just north of Albuquerque. With the exception of his citizenship status, he is otherwise qualified to obtain a concealed carry license, the court ruled.

Read more: http://www.examiner.com/article/saf-wins-injunction-v-n-m-citizens-only-ccw-requirement

[KamaAina]

1. Let me see if I've got this straight

the gun lobby is now advocating for the rights of undocumented immigrants?!

[Ash_F]

3. Nah, they just didn't mean to catch a white person in their net. /nt

[kmlisle]

6. He would have a permanent resident green card

It would be interesting to see what would have happened in court if the plaintant had been Latino. Of course New Mexico is Not Arizona on this issue.

[KamaAina]

7. Oh, well, that explains it

[kmlisle]

10. My partner is Chinese and has a permanent green card

He chooses not to be an American citizen and has lived here since he was 17. He is documented because of the green card not undocumented. We have millions of legal documented people from other countries living in the us. Thousands live in my home town because it is a big university with thousands of documented students with mostly temporary green cards. No sarcasm needed.

[KamaAina]

15. But does s/he want a gun?

I see the UU Flaming Chalice below your name. Surely you don't want everyone walking around armed?

[kmlisle]

16. No but apparently he is entitled to one if he did want it

I'm not sure how Florida officials would react. But I do have vet and hunter friends who are armed and have no problem with their choices. As a UU I try to stay open and respectful to other people's points of view.

[KamaAina]

20. Oh, I almost forgot

Welcome to DU! (Or is that DUU? )

[kmlisle]

21. Thanks! ;-)

[AtheistCrusader]

14. The case would have been decided the same.

There is Circuit appeals level precedent already in place. Trivial matter to decide.

[AtheistCrusader]

12. This is not new.

In Washington State, after 9/11 they suspended, indefinitely, the alien firearms license program. 2AF sued and got it going again.

And this isn't strictly about undocumented immigrants, it applies to legal, resident aliens as well.

Essentially, the constitution applies equally to all persons within its sphere of influence.

[Callmecrazy]

2. Anyone standing on American soil

enjoys the rights granted to us by our Constitution. Regardless of where you are from, you are here now and subject to our laws.

And where does it say he's undocumented?

[GeorgeGist]

4. Right to vote?

I don't think so.

[Callmecrazy]

11. Voting is granted only to American citizens...

And he has stated that he is an Australian citizen. I'm sure he can vote absentee in Australia.

[AtheistCrusader]

13. Sure, just not in federal elections.

[SoapBox]

5. Guns, guns, guns!!!!

Never enough guns...MORE guns....GUNS!

Sick bastards.

[bossy22]

8. IIRC it was an equal protection violation- not necessarily second amendment

on edit: it would be "sick" if they carved out a special exemption in the equal protection clause to allow such a law to stand...

[friendly_iconoclast]

9. Unfortunately, many would trash the Constitution because they hate guns...

...and as we've seen, some of them post here at DU.

[NutmegYankee]

17. The Bill of Rights applies to all on our soil.

The 14th amendment requires "equal protection of the law". That goes for anybody, even undocumented immigrants. All share in the protections of the Bill of Rights.

[jpak]

18. Fuck the SAF and the rest of the gun nuts

yup

[Jgarrick]

19. How eloquent...