SAF SUES OVER MASSACHUSETTS GUN BAN FOR LEGAL ALIEN RESIDENTS

[joejaxx 38]

Hahahahahahaha The Second Amendment Foundation is keeping this country rolling with 2nd Amendment lawsuits!! When will they stop! hahaha

 

Title: SAF SUES OVER MASSACHUSETTS GUN BAN FOR LEGAL ALIEN RESIDENTS

 

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging a law in the Commonwealth of Massachusetts that denies legal resident aliens the licenses required to possess a handgun in the home for self-defense, or purchase any kind of firearm.

 

The lawsuit was filed in U.S. District Court for the District of Massachusetts. Joining SAF in this lawsuit are Commonwealth Second Amendment, a Massachusetts grassroots organization, and two British citizens who reside in the commonwealth. They are represented by attorney Joseph M. Hickson III of Springfield. Defendants are Cambridge Police Commissioner Robert C. Haas, Northboro Police Chief Mark k. Leahy and Jason A. Guida, director of the Firearms Records Bureau in Chelsea.

 

The lawsuit alleges that Christopher M. Fletcher of Cambridge and Eoin M. Pryal of Northboro – both legal resident aliens – have been specifically denied the ability to obtain a Firearms Identification Card or a License to Carry of any kind. Before moving to Massachusetts, Fletcher lived in California, where he had a Basic Firearms Safety certificate and Handgun Safety certificate, which allowed him to purchase and own firearms including handguns. Pryal, who is married to a citizen of this country, and had a shotgun certificate and international dealer’s license while living in the United Kingdom.

 

“One of the fundamental principles in this country is that people have rights,” said SAF Executive Vice President Alan Gottlieb. “Among those rights is the right of self-defense, especially in one’s own home. Christopher Fletcher and Eoin Pryal live here legally, they have been firearms owners, they are productive members of the community, yet they are being denied a basic right by the Commonwealth of Massachusetts. This is wrong and our court challenge aims to correct that.”

 

Source: http://saf.org/viewpr-new.asp?id=354

[JSF01 13]

How can they afford all these law suits? They have like 50 going on at once.

[BigBlueQ 7]

Time for another donation.

[SpecialK 193]

I need to go donate more today as well.

[Dan 177]

I'm a member and have given twice in extra donations already. But still, I would like to know how they are affording all these lawsuits. Maybe there's some super-rich pro gun rights philanthropist out there that we don't know of.

[SpecialK 193]

well I just finally dropped $150 for the life membership along with an extra 25 buck donation, so if say 1000 people did that the total would be 175,000USD.

[JackDaWack 2,895]

I'm not sure what exactly there suing over? If your not a citizen.. then what grounds do you have to claim rights? It's not the people of this country....it's the citizens of this country. I would work on getting my rights first before falling into this mentality that they are entitled to rights for one reason or another. Right or wrong doesnt really matter in this case they need to prove why they have the right to have a gun, and the 2A doesnt mean anything in this instance.

[SpecialK 193]

I'm not sure what exactly there suing over? If your not a citizen.. then what grounds do you have to claim rights? It's not the people of this country....it's the citizens of this country. I would work on getting my rights first before falling into this mentality that they are entitled to rights for one reason or another. Right or wrong doesnt really matter in this case they need to prove why they have the right to have a gun, and the 2A doesnt mean anything in this instance.

 

This is by far one of the most uninformed statements I have ever read. As a permanent resident of the United States of America myself I enjoy ALL of the rights afforded to me by the Constitution of this great country. Right or wrong very so matters when it comes to your comment as you are 100% wrong.

[n4p226r 105]

I'm not sure what exactly there suing over? If your not a citizen.. then what grounds do you have to claim rights? It's not the people of this country....it's the citizens of this country. I would work on getting my rights first before falling into this mentality that they are entitled to rights for one reason or another. Right or wrong doesnt really matter in this case they need to prove why they have the right to have a gun, and the 2A doesnt mean anything in this instance.

 

 

the idea is that the bill of rights arent rights given to us by the government. they are rights we have just by existing. obviously, if we assume the government gave it to us, they can take it away, but that shouldnt be the case.

[SpecialK 193]

the idea is that the bill of rights arent rights given to us by the government. they are rights we have just by existing. obviously, if we assume the government gave it to us, they can take it away, but that shouldnt be the case.

 

The Constitution is the Supreme Law of the land. The bill of rights is the 1st ten Amendments to the Constitution, therefore they are part of the Constitution. The bill of rights are laws of this country given to all people that they apply to. By your logic that they are rights afforded to all by just existing then foreigners just here on vacation should be allowed to bear arms.

[n4p226r 105]

in theory yes. why should the ability to defend yourself and your family end when you go on vacation. i understand that would be impractical and never happen. and i wouldnt push for it either. the declaration of independence says "all men are created equal. they are endowed by their creator with certain inalienable rights"

 

now take the word creator and change that to whatever makes sense to you. god. allah. the sperm that swam the hardest. whatever. it says just by being you have those rights. the bill of rights tells how gov't can and cant infringe on those rights.

[Bob B 103]

The Constitution is the Supreme Law of the land. The bill of rights is the 1st ten Amendments to the Constitution, therefore they are part of the Constitution. The bill of rights are laws of this country given to all people that they apply to. By your logic that they are rights afforded to all by just existing then foreigners just here on vacation should be allowed to bear arms.

 

The Slaughterhouse cases absolutely declared the bill of rights as preexisting rights not granted by the Constitution, but protected by the constitution. The bottom line is that the 2nd Amendment is incorporated against the states through the 14th Amendment's Due Process clause. The first section of the 14th Amendment is worded in a particular way.

 

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

There is the Privileges and Immunities clause which only applies to citizens, but the Due Process clause applies to "any person."

 

Since the 2nd Amendment is incorporated through the 14th Amendment's Due Process clause, it applies to everyone, whether or not you are a citizen. You could even argue that people that are here illegally are protected. Do illegal aliens get read their Miranda rights? I believe they do.

 

That's how it works. Whether you agree with it or not is, of course, another matter entirely.

[n4p226r 105]

The Slaughterhouse cases absolutely declared the bill of rights as preexisting rights not granted by the Constitution, but protected by the constitution. The bottom line is that the 2nd Amendment is incorporated against the states through the 14th Amendment's Due Process clause. The first section of the 14th Amendment is worded in a particular way.

 

 

 

There is the Privileges and Immunities clause which only applies to citizens, but the Due Process clause applies to "any person."

 

Since the 2nd Amendment is incorporated through the 14th Amendment's Due Process clause, it applies to everyone, whether or not you are a citizen. You could even argue that people that are here illegally are protected. Do illegal aliens get read their Miranda rights? I believe they do.

 

That's how it works. Whether you agree with it or not is, of course, another matter entirely.

 

 

thanks for making it more clear than i could.

 

 

illegal immigrants should be included as well. but the correct permit process should be. "you are illegal...no problem owning a gun....here's the exit door out of the country"

[71ragtopgoat 23]

Bad post my fault.

[SpecialK 193]

 

Since the 2nd Amendment is incorporated through the 14th Amendment's Due Process clause, it applies to everyone, whether or not you are a citizen.

 

That's how it works. Whether you agree with it or not is, of course, another matter entirely.

 

Sweet the 2nd Amendment applies to me! I'm going to go out an buy a gun tomorrow. Oh wait I can't, I live in New Jersey. I guess the way it "works" for both of our explanations is only an ideal.

[JackDaWack 2,895]

This is by far one of the most uninformed statements I have ever read. As a permanent resident of the United States of America myself I enjoy ALL of the rights afforded to me by the Constitution of this great country. Right or wrong very so matters when it comes to your comment as you are 100% wrong.

 

I was under the impression the 2a didnt apply... From what i had gathered as well not all amendments apply. My question is and what i was implying... if you've been here so long and gained legal residence, why not become a citizen? I didn't mean to imply that you had no rights what so ever. There are quite a few cases circulating this issue too so don't be so quick to call me wrong..... Whether the issue is right or wrong to me matters, to them it doesn't they read what is there and determine if it applies to you. I would hope they win and prevent a cascade with other states... With the increase interest in background checks i would be interested to see how this pans out.

[Bob B 103]

Sweet the 2nd Amendment applies to me! I'm going to go out an buy a gun tomorrow. Oh wait I can't, I live in New Jersey. I guess the way it "works" for both of our explanations is only an ideal.

 

Are you saying that you are unable to get a FID or PPP because you are not a citizen, but you are a legal resident?

[SpecialK 193]

Are you saying that you are unable to get a FID or PPP because you are not a citizen, but you are a legal resident?

 

I am saying that I am only days away from 30 days past the investigation being complete. The way it "works" doesn't always work is what I am saying. Being denied my rights to buy firearms for 5 months while an "investigation" is carried out, then having my FPID and PPP sitting on a Chiefs desk for about a month sure as hell seams to me that the 2nd Amendment doesn't apply here.

[SpecialK 193]

I was under the impression the 2a didnt apply... From what i had gathered as well not all amendments apply. My question is and what i was implying... if you've been here so long and gained legal residence, why not become a citizen? I didn't mean to imply that you had no rights what so ever. There are quite a few cases circulating this issue too so don't be so quick to call me wrong..... Whether the issue is right or wrong to me matters, to them it doesn't they read what is there and determine if it applies to you. I would hope they win and prevent a cascade with other states... With the increase interest in background checks i would be interested to see how this pans out.

 

All of the Constitution and all of the Amendments apply to me. There are certain rights that are laid out for natural born Citizens such as he right to hold office and the right to vote that I do not hold, but that is all explained in the Constitution which very much applies to me.

 

I will be a citizen very soon. hopefully before July 4th, so I can celebrate it for the first time as an American Citizen. Permanent residents even long term ones that just renew their greencards are not second class to citizens because they choose to not become full fledged American citizens. As a grrencard holder I cannot hold office, vote in national elections or vote in local elections that require U.S. citizenship. I can and have served in the military, which thanks to my tour in Iraq I am getting expedited citizenship and I don't have to pay for it either. I love this country and all the rights that come with it.

[tommy3rd 132]

I can and have served in the military, which thanks to my tour in Iraq I am getting expedited citizenship and I don't have to pay for it either.

Anyone fighting for this country deserves to be a citizen. I thank you for your service.

[JackDaWack 2,895]

All of the Constitution and all of the Amendments apply to me. There are certain rights that are laid out for natural born Citizens such as he right to hold office and the right to vote that I do not hold, but that is all explained in the Constitution which very much applies to me.

 

I will be a citizen very soon. hopefully before July 4th, so I can celebrate it for the first time as an American Citizen. Permanent residents even long term ones that just renew their greencards are not second class to citizens because they choose to not become full fledged American citizens. As a grrencard holder I cannot hold office, vote in national elections or vote in local elections that require U.S. citizenship. I can and have served in the military, which thanks to my tour in Iraq I am getting expedited citizenship and I don't have to pay for it either. I love this country and all the rights that come with it.

 

You don't have to be a natural born citizen to vote. And i cannot imagine how you could be a productive member of this society with out voting. It is one of the most important aspects to being part of this country. We do not hold our own citizens to such standards, and it's a shame. I think its great we let people enter the country and many come here to become citizens. Even better when we reward people citizenship for proving their worth to this country like you. I'm just wondering how you make it 20+ years in this country legally with out being granted citizenship... or being kicked out...

 

Either way, the states regulate our freedoms especially the 2a, so our rights are more like privileges.

Here's something i found.

http://www.vrolyk.org/guns/alien-laws.html

[Bob B 103]

I am saying that I am only days away from 30 days past the investigation being complete. The way it "works" doesn't always work is what I am saying. Being denied my rights to buy firearms for 5 months while an "investigation" is carried out, then having my FPID and PPP sitting on a Chiefs desk for about a month sure as hell seams to me that the 2nd Amendment doesn't apply here.

 

Yup. No argument here. The Constitution is not self enforcing and municipality PD's (not all, but many) have a terrible habit of not following the law when it comes to firearms permitting. That's what Operation Establish Compliance is about. This has been going on for so long, and it is getting worse, not better. You kind of expect legislators to be difficult, but the PD's should have at least made an honest effort after McDonald to get their procedures in line. It's embarrassing.