legal resident aliens

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The Second Amendment Foundation Returns To North Carolina

June 26, 2014 by

The first case brought after the win in McDonald v. Chicago extended the Second Amendment to the states was in North Carolina. Bateman v. Perdue challenged the state’s law that restricted possession of firearms and ammunition outside the home during a state of emergency. Bateman was brought by the Second Amendment Foundation (among others) and was ultimately a win. Citizens of North Carolina are now allowed to protect themselves during states of emergency.

The Second Amendment Foundation has now returned to North Carolina to challenge the state’s restriction of  Concealed Handgun Permits to US citizens. Felicity Todd Veasey is an Australian citizen and legal permanent resident living in Butner who is married to a US citizen. Mrs. Veasey has lived in North Carolina for the last 10 years and wishes to obtain a Concealed Handgun Permit. Named as the defendant in the case is Sheriff Brindell Wilkins, Jr. in his official capacity as sheriff of Granville County. North Carolina Concealed Handgun Permits are issued by the sheriffs of the respective counties.

This case follows on the heels of winning cases challenging state restrictions of firearm permits and concealed carry permits to only citizens. Alienage is a suspect class under Constitutional precedent and the state must show a compelling governmental interest in restrictions concerning citizenship. The Second Amendment Foundation has won similar cases in Nebraska, New Mexico, Massachusetts, and elsewhere while the ACLU has brought similar winning cases in South Dakota and Kentucky.

Veasey v. Wilkins seeks a preliminary and permanent injunction against this provision as well as a declaratory judgment stating that it is unconstitutional. The case is being brought on the grounds that the provision violates the Equal Protection Clause of the 14th Amendment and that it violates Mrs. Veasey’s rights to keep and bear arms under the 2nd and 14th Amendments. The lead attorney in the case is David Sigale of Illinois who has served as lead attorney in a number of similar cases.

You can read the Second Amendment Foundation’s release on the case here. As Alan Gottlieb of SAF notes in the release, “we seem (to)keep finding such laws on the books and we have to challenge them.”

The full complaint is located here.

UPDATE: As Sean’s comments indicate, the North Carolina General Assembly was urged to change the citizenship requirement but blew it off. Now it is going to cost the state time, effort, and money to correct their error. If they were smart, they’d fold immediately, pay SAF a reasonable amount for legal fees, and change the law.

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SAF Wins In Arkansas

May 13, 2014 by 4 Comments

The Second Amendment Foundation has won another lawsuit challenging restrictions on the Second Amendment rights of permanent legal residents. This time it was a challenge against the state of Arkansas’ restriction of concealed carry permits to US citizens only.

Admittedly, these type of cases are low hanging fruit insomuch as alienage is a suspect class and strict scrutiny must be applied when a fundamental right involving a suspect class is involved. That said, they need to challenged and the Second Amendment Foundation is well-placed to do it.

The release from SAF is below. As I’ve said before, I wish the Second Amendment Foundation would stick to the courts and that the NRA-ILA would stick to legislatures. Those are the arenas in which they each do their best. By doing so, it would best for gun rights and would avoid what I consider foolish gestures like this one on background checks.

SAF WINS PERMANENT INJUNCTION IN CHALLENGE TO ARKANSAS CCW LAW

BELLEVUE, WA – The Second Amendment Foundation has won a significant victory on behalf of legal resident aliens in Arkansas, with a federal district court there declaring the state’s citizen-only concealed carry licensing law unconstitutional, and granting a permanent injunction against its enforcement on behalf of a man named Martin Pot (pronounced Pote), a citizen of the Netherlands.

U.S. District Judge Timothy L. Brooks, for the Western District of Arkansas, handed down the ruling. He ordered the state to pay SAF $10,000 in attorney’s fees and court costs of $726.41. SAF and Mr. Pot were represented by attorney David Sigale of Glen Ellyn, Illinois.

The lawsuit, filed last November, challenged the Arkansas statute because it “completely prohibits resident legal aliens from the concealed carry of guns, in public, for the purpose of self-defense. Colonel Stan Witt, director of the Arkansas State Police, was named as the defendant in his official capacity.

“This is yet another victory in our effort to expand Second Amendment protections in the United States,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Mr. Pot is a law-abiding resident of Eureka Springs, and has been so since 1986. He is self-employed and is a productive member of the community, with an American-born wife and family. He came here almost 30 years ago, met and married his wife, and has many solid connections in his community.”

While Arkansas statute allowed Pot to possess a firearm only in his home, on his property or – under certain circumstances – while on a “journey,” he was prohibited from obtaining a concealed carry permit because he is not a citizen.

“This case is not unique,” Gottlieb noted. “SAF has successfully challenged other state laws, in New Mexico, Washington, Nebraska and Massachusetts. Legal resident aliens should not be penalized at the expense of their self-defense rights. This was a good outcome to a case that should help lots of people.

“This is another case where SAF is winning firearms freedom one lawsuit at a time,” he concluded.

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SAF Files Suit In Nebraska … Again

April 2, 2013 by

The Second Amendment Foundation has filed suit against Nebraska officials over the statutory prohibition against carry permits for permanent legal resident aliens. In 2011, the Second Amendment Foundation filed suit against the City of Omaha in Gonzalez v. Omaha over a city ordinance which prohibited permanent legal aliens from being able to register a handgun. In that case, the City of Omaha settled, changed their ordinance, and sent a check to SAF for legal fees.

Substantial case law exists regarding the civil rights of permanent legal aliens. They are a suspect class and any different treatment for them is held to strict scrutiny. Illegal aliens, non-resident aliens, and others such as those on student
or tourist visas are not considered part of a suspect class. There have been cases in Kentucky and South Dakota involving concealed carry for legal aliens and the courts have always found in their favor. I expect it will be no different here.

From the Second Amendment Foundation:

SAF SUES NEBRASKA OVER CARRY PROHIBITION FOR RESIDENT ALIENS

For Immediate Release: 4/1/2013

BELLEVUE, WA – The Second Amendment Foundation today filed a motion for injunctive relief against Nebraska officials over a statutory prohibition that prevents non-citizens legally residing in the state from obtaining a concealed carry permit.

SAF filed the lawsuit on behalf of 68-year-old Carlos Nino De Rivera Lajous, a Mexican citizen who has been legally residing in Lincoln since 1990. SAF is joined in the action by the Nebraska Firearms Owners Association. Defendants in the lawsuit are Nebraska Attorney General Jon Bruning and David Sankey, superintendent of the Nebraska State Patrol, both in their official capacities.

“Mr. Lajous received a permanent resident visa in 1991, and he has earned three associated degrees from Central Community College in Hastings,” noted SAF Executive Vice President Alan Gottlieb. “He has certainly established himself as a productive member of his community over the past 22 years.

“Ironically,” Gottlieb continued, “Mr. Lajous is allowed to carry a firearm openly in Nebraska, except for certain locations where doing so is not allowed under state law. He is prohibited from obtaining a concealed carry permit by state statute, thus making open carry his only option for personal protection, and as a result, he is the victim of what might be called a ‘Catch 22’ in state law.

“There is no rationale for a system in which someone can legally carry openly for self-defense, but yet that person cannot obtain a concealed pistol permit because of nationality,” he said. “SAF has challenged similar problems in Washington, New Mexico and Iowa where non-citizen legal residents faced troublesome local gun laws, and when Mr. Lajous’ Nebraska problem came to our attention, we acted.”

The case was filed in U.S. District Court for the District of Nebraska. Plaintiffs are represented by attorneys David G. Sigale of Glen Ellyn, Ill., and Bernie Glaser of Lincoln.

The complaint for the case of Lajous et al v. Bruning et al can be found here.