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Lawsuit tests SD's concealed weapons permit
mizzly:
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.
David Hineline:
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.
AAllen:
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.
Husker_Fan:
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.
DanClrk51:
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?
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