< Back to the Main Site
« previous next »
Pages: [1]   Go Down

Author Topic: Lawsuit tests SD's concealed weapons permit  (Read 1583 times)

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Lawsuit tests SD's concealed weapons permit
« on: January 04, 2011, 02:36:54 PM »

http://www.argusleader.com/article/20110104/NEWS/101040319/1001/news

A man who emigrated to the United States from the United Kingdom more than 30 years ago filed a federal lawsuit Monday against the state of South Dakota after his application for a concealed weapon permit was denied.

Under South Dakota law, a person must be a U.S. citizen to qualify for a concealed weapon permit, but Wayne Smith contends that provision violates the U.S. Constitution. Smith, represented by the American Civil Liberties Union of South Dakota, filed his lawsuit in U.S. District Court.

Smith and the ACLU also asked a federal judge for an injunction that would prohibit county sheriffs from denying concealed weapon permits based on the state's citizenship requirement.


     ~~~ See more at link ~~~

Logged
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline Greybeard

  • Bronze Benefactor
  • ***
  • Join Date: Mar 2010
  • Location: Papillion, NE
  • Posts: 404
  • Live Free or Die!!
Re: Lawsuit tests SD's concealed weapons permit
« Reply #1 on: January 04, 2011, 04:42:05 PM »
If he has been here 30 years, and hasn't obtained U.S. citizenship, then he can go pound sand as far as I'm concerned. You want the rights that go with citizenship, become a citizen!! /rant
Logged
WØCHF

Offline NE Bull

  • 2011 NFOA Firearm Rights Champion Award winner
  • NFOA Full Member
  • **
  • Join Date: Nov 2008
  • Location: Lincoln, NE
  • Posts: 3501
    • A "friend's" blog
Re: Lawsuit tests SD's concealed weapons permit
« Reply #2 on: January 04, 2011, 06:19:07 PM »
Quote from: Greybeard on January 04, 2011, 04:42:05 PM
If he has been here 30 years, and hasn't obtained U.S. citizenship, then he can go pound sand as far as I'm concerned. You want the rights that go with citizenship, become a citizen!! /rant
I'll second that GB.
What exactly is legal permenant residency status? If your here to live our good life, then become a citizen, if not....

Logged
“It is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
 Omaha Mayor Jean Stothert
 "A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that."  Shane

Offline wrenrj1

  • NFOA Full Member
  • **
  • Join Date: May 2009
  • Posts: 112
Re: Lawsuit tests SD's concealed weapons permit
« Reply #3 on: January 04, 2011, 06:59:19 PM »
Permanent resident status=green card

You are able to live and work in the US on a permanent basis.
Logged

Offline unfy

  • Lead Benefactor
  • **
  • Join Date: Jun 2010
  • Location: TN (was La Vista, NE)
  • Posts: 1830
  • !!! SCIENCE !!!
Re: Lawsuit tests SD's concealed weapons permit
« Reply #4 on: January 05, 2011, 12:49:41 AM »
IMHO, the Constitution applies to citizens.  If he aint a citizen....
Logged
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline mizzly

  • Forum Member
  • *
  • Join Date: Sep 2009
  • Posts: 30
Re: Lawsuit tests SD's concealed weapons permit
« Reply #5 on: January 05, 2011, 02:26:50 AM »
In Iowa permanent resident aliens (green card) can get a gun permit.

I think this South Dakota law may be overturned. But I am not a Lawyer, will be interesting to find out.
« Last Edit: January 05, 2011, 02:27:39 AM by mizzly »
Logged

Offline David Hineline

  • NFOA Full Member
  • **
  • Join Date: Dec 2007
  • Location: South Sioux City
  • Posts: 562
Re: Lawsuit tests SD's concealed weapons permit
« Reply #6 on: January 05, 2011, 04:46:40 AM »
As a legal resident without being a citizen, he can buy a gun, own a gun, in South Dakota open carry a gun, he can get a hunting permit, he can be a firearms dealer, he can buy and own machineguns and other NFA firearms, he had a SD CCW permit through multiple renewals, and now with a stroke of a pen that says US citizen he can no longer conceal carry. It is going to reverse, as nothing in firearms laws supports legal citizens from owning firearms.
Logged
Machinegun owners blow thier load with one pull of the trigger

Offline AAllen

  • NFOA Co-Founder
  • *****
  • Join Date: Dec 2008
  • Posts: 4275
Re: Lawsuit tests SD's concealed weapons permit
« Reply #7 on: January 05, 2011, 08:18:58 AM »
Dave you gave a good explanation of the situation.  The ACLU has won this same type of case (CCW denied for a perminent resident) in Kentucky a couple of years ago, they will win this one.  I think Nebraska is in line for the same type of suit if we do not remove the US Citizenship requirement in our permit requirements.  Nebraska and North Dakota are the only states besides South Dakota that still requires US Citizenship to recieve a CCW that I know of.
Logged

Offline Husker_Fan

  • NFOA Full Member
  • **
  • Join Date: Apr 2010
  • Location: Omaha
  • Posts: 717
Re: Lawsuit tests SD's concealed weapons permit
« Reply #8 on: January 05, 2011, 11:26:37 AM »
Resident aliens are protected by other provisions of the Bill of Rights.  If one is accused of a crime, they get a trial and can't be subjected to cruel or unusual punishment.  They have the same rights under the First Amendment as well.  Why not the Second? After all, I've seen a lot of folks argue for a literal interpretation of the Second Amendment and say "what part of 'shall not be infringed' don't you understand?"  Well, the Amendment says "the right of the People," not the right of citizens.
Logged

Offline DanClrk51

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 1128
Re: Lawsuit tests SD's concealed weapons permit
« Reply #9 on: January 05, 2011, 12:49:44 PM »
I agree with Husker_Fan. It is a human right, not just an American right. These rights are self evident. The right to keep and bear arms should be at least upheld for people holding a green card, people who worked hard to get through the legal process of becoming a US resident unlike the ones that jump the border to get here. If you have a legal right to work in the USA why not be able to own and carry a gun for protection of yourself and family?
Logged

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Re: Lawsuit tests SD's concealed weapons permit - updated
« Reply #10 on: January 26, 2011, 10:21:14 AM »
http://www.mitchellrepublic.com/event/apArticle/id/D9KVL6OG0/

SD lawmakers move to open concealed weapons law

South Dakota lawmakers have proposed changing the state's concealed weapons law to allow permits to all legal residents, weeks after an immigrant living in Sioux Falls sued the state.


     ~~~ See more at link ~~~
Logged
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline bkoenig

  • Gun Show Volunteer
  • Powder Benefactor
  • *
  • Join Date: May 2009
  • Location: Lincoln, NE
  • Posts: 3677
  • Aspiring cranky old gun nut
Re: Lawsuit tests SD's concealed weapons permit
« Reply #11 on: January 26, 2011, 11:22:57 AM »
If the guy is here legally and following all of our laws I don't have a problem with him getting a CCW permit. 
Logged
Pages: [1]   Go Up
« previous next »