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Author Topic: Lawsuit tests SD's concealed weapons permit  (Read 1613 times)

Offline FarmerRick

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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.


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

Offline Greybeard

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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
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WØCHF

Offline NE Bull

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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....

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Offline wrenrj1

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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.
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Offline unfy

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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....
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Offline mizzly

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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 »
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Offline David Hineline

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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.
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Offline AAllen

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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.
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Offline Husker_Fan

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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.
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Offline DanClrk51

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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?
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Offline FarmerRick

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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.


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

Offline bkoenig

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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. 
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