Lawsuit against concealed weapons permit

birdman652001

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Lawsuit Tests SD's Concealed Weapons Permit
Published: January 3, 2011, 4:11 PM


SIOUX FALLS, SD - A federal lawsuit filed in Sioux Falls alleges that the state's concealed weapons law is discriminatory because it requires the permit holder to be a United States citizen.

The American Civil Liberties Union filed the lawsuit on behalf of Wayne S. Smith, a Minnehaha County resident who has lived in the U.S. for 30 years after emigrating from the United Kingdom. The lawsuit says he was denied a concealed weapon permit last July solely because he's not a U.S. citizen.

Defendants in the case are the sheriff's office, which accepts applications for the permits, and the secretary of state's office, which issues them.

30 years being here, being from UK, doesnt have citizenship.. so why doesnt he have one? I thought if you lived here for so long, you could get a citizenship am i wrong?


Other hand, could he be a sleeper? Probably not...
 
I'm not sure, but I don't think the law will change for him. Anyone wanting to conceal a weapon should be a citizen. A 30 year sleeper? Probably not, but you never know.
 
30 years being here, being from UK, doesnt have citizenship.. so why doesnt he have one? I thought if you lived here for so long, you could get a citizenship am i wrong?


Other hand, could he be a sleeper? Probably not...

NOT A CITIZEN, Enough said. 30 years is enough time to become one. CITIZEN. I shouldn't have posted this, but I feel to strongly about this subject. Forgive me.

If your not legal to live in this great county, you are not elligible, for enjoying the rights that we as citizens enjoy. Imho. Do not want to get involved in a political argument, but please....................
 
Can you even buy a hand gun if you are not a citizen???? I have never checked that box when I fill out the paper work so I do not have first hand Knowledge!!
 
I can't see any reason for a non resident alien to wander around with a concealed weapon, if life is so dangerous here, maybe he should consider repatriating himself to merry old England. It's hard to believe he even has sufficient standing to file a suit! Personally, I'm for open carry, right out there where everyone can see, Now that's deterent!
 
NOT A CITIZEN, Enough said. 30 years is enough time to become one. CITIZEN. I shouldn't have posted this, but I feel to strongly about this subject. Forgive me.

If your not legal to live in this great county, you are not elligible, for enjoying the rights that we as citizens enjoy. Imho. Do not want to get involved in a political argument, but please....................

He may legal to be here. But again, if he was here legally, he'd have citizenship of US. Im suprise the INS didnt deport him already. him being here 30 years, they tell him sorry no bc youre not a citizen of US.. maybe he could of fixed this and file for citizenship and THEN go back and try again. But hes feeling insulted and discriminated. I dont think this is going to hold in court. I will keep an eye on this and let you guys know whats going on.
 
PIERRE, SD - A lawsuit challenging South Dakota's concealed-weapons law is getting the attention of national groups. But the top Republican in the South Dakota Senate says he doesn't see a need for the law to be changed.

A British citizen who lives in Sioux Falls sued the state earlier this month after he was not allowed to renew his concealed-weapons permit. The Legislature changed the concealed weapons law in 2002 to only allow United States citizens to obtain permits.

Senate Republican Leader Russell Olson, of Wentworth, said his main priority is preserving gun rights for U.S. citizens. Olson says his concern is for the citizens of South Dakota and the nation.

The ACLU says all legal residents in the state are required to have the same opportunity to get a permit.

posted today on Keloland.com
 
I agree with the Senators on this. "Preserving the Gun Rights of U.S. Citzens." We fought for them and they are ours to take care of.......Bob
 
This has to be a first the ACLU is trying to expand gun rights to more people.
 
You might want to look into them more closely then, contrary to far right opinion, ACLU is really focused on civil liberties of all kinds. I remember they came to Rush Limbaughs defense during his druggie days, filed a brief challenging the obtaining of his medical records.

Most of the time the causes that they champion are socially liberal. They do tend to take libertarian views on issues which does fall in line with some conservative views. However they tend to interpret the constitution in way that supports liberal ways of thinking, that's not for me. For example they do not believe that the constitution gives individuals the right to keep and bear arms.
 
Excuse ME!

Show me any other country where such stupidity would even be considered?

If you are not a citizen why should you even expect the same rights?
Might as well let all & any in, tear down the borders, destroy our country
& turn it all over to idiots if these kind of principles prevail.


Duhh...........
 
Boo Hoo british baby.

A real good friend of mine married a girl from Sweden. She has been in the states for well over 20 years and she chose not to become a citizen. She is a legal resident but in order to become a citizen she has to renounce her Swedish citizenship. She can't vote and she never complains about our politics. It was her choice to make and I respect that.
If the guy from england wants to carry a sidearm then he should renounce his british citizenship and apply for a US citizenship. Problem solved.
Then again, do we really want a crybaby mary poppins as a citizen?
 
Legal Immigrant Gun Rights?

NOT A CITIZEN, Enough said. 30 years is enough time to become one. CITIZEN. I shouldn't have posted this, but I feel to strongly about this subject. Forgive me.

If your not legal to live in this great county, you are not elligible, for enjoying the rights that we as citizens enjoy. Imho. Do not want to get involved in a political argument, but please....................

There's no mention made in the article that the man is in the country illegally. In fact, it's fair to assume he's here legally since he's stuck his neck way out by filing a high profile gun rights suit, a perfect invitation to deportation for someone illegally in the country. The broader question is whether a non-citizen legal alien has Second Amendment rights, and if so, to what extent. Our armed forces enlist non-citizen soldiers, sailors, airmen, and marines who bear arms in defense of our nation and thereby become qualified for citizenship should they so choose. So foreigners bearing arms in and for the U.S. is nothing new. Moreover, gun possession by legal resident aliens is lawful under the U.S. Gun Control Act of 1968. FYI, below is a list of folks not eligible to possess firearms as provided in the U.S. Gun Control Act of 1968. Query: With the McDonald and Heller Supreme Court decisions, are any of these folks below likely to regain their gun rights through a Second Amendment challenge? IMO, I doubt it.

Those convicted of felonies and certain misdemeanors

Fugitives from justice

Unlawful users of certain depressant, narcotic, or stimulant drugs

Those adjudicated as mental defectives or incompetents or those committed to any mental institution and currently containing a dangerous mental illness.

Non-US citizens, unless permanently immigrating into the U.S. or in possession of a hunting license legally issued in the U.S.

Illegal Aliens

Those who have renounced U.S. citizenship

Those persons dishonorably discharged from the Armed Forces

Minors defined as under the age of eighteen for long guns and handguns, with the exception of Vermont, eligible at age sixteen.

Persons subject to a restraining order

Persons convicted in any court of a misdemeanor crime of domestic violence (an addition)

Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition
 
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There's no mention made in the article that the man is in the country illegally. In fact, it's fair to assume he's here legally since he's stuck his neck way out by filing a high profile gun rights suit, a perfect invitation to deportation for someone illegally in the country. The broader question is whether a non-citizen legal immigrant has Second Amendment rights, and if so, to what extent. Our armed forces enlist non-citizen soldiers, sailors, airmen, and marines who bear arms in defense of our nation and become qualified for citizenship (should they so choose) thereby. So foreigners bearing arms in and for the U.S. is nothing new.

BritChaser,

Good point, He may have a permant resident card, if so he Is in country legally. :)
 
I would freely acknowledge the guy has a legitimate right to be here. My issue is why does a non-resident alien need to carry a concealed weapon? Especially considering the fact that he would play Hob to get one in his country of origin, Great Britain, where he is a citizen. If his own country won't give him a concealed carry permit, ( read their regulations if you think I'm kidding), why should we? I realize that he has had one before, and that is the rub, but times change, and so do laws, if he doesn't like it, become a naturalized american or go home, or don't carry a concealed handgun. I don't care if he's James Bond. Frankly, I don't care for concealed carry for anybody. All the concealed carry people I know have a Dirty Harry/Harriet mentality, and it sure doesn't make me feel any safer. Like I said earlier, I'm for open carry, strap a hogleg on your hip and fly your colors, that's real deterent, hiding a whore's gun in your bra strap or coat pocket doesn't deter anything. In Missouri every jewelry store clerk, delivery driver, and son of a sea cook is out on the prowl with a concealed handgun, these aren't hunters, recreational shooters, just frightened little people who need a gun and or maybe a drink to feel powerful. Banks, on the other hand which get robbed weekly around here, don't even have armed security in the lobby anymore, must be some kind of research that determines that they are safer without the confrontation.
 
Oh yes they do, UNDER THE CURRENT ADMINISTRATION.

SAD, BUT TRUE......

Non-citizens, even illegal aliens, have long had -- long before this president came along -- rights equal to the rights of citizens in certain limited areas. For example when facing criminal charges the rights of the accused are the same regardless of citizenship and alien status -- presumed innocent, may confront the witnesses against them, remain silent, entitled to a court-appointed lawyer if indigent, etc. I am not aware of any new legal right that has been acquired by non-citizens or illegal aliens during the Obama administration, but I am eager to learn of them.
 
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