Another Alienage Ban Falls

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NO LAWYERS - ONLY GUNS AND MONEY

Two Gun Rights Alienage Wins In North Carolina

The Second Amendment Foundation brought suit on behalf of Felicity Veasey, an Australian citizen, for being denied the right to apply for a North Carolina Concealed Handgun Permit. She is a permanent legal resident married to a US citizen living in Granville County. The suit sought to enjoin the enforcement of the state requirement that one must be a US citizen to obtain a CHP. The case was started in June 2014.
 
No time to find and read filings... Any precedent cred from the MA case?


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I didn't look at the first case's opinion but the second case, Messmer, does indeed contain the reference to Fletcher v Haas. And according to the article the opinions are nearly identical so I think it is likely that the Comm2A case is referenced in both.
 
Fortunately, those bringing these various cases have been smart enough to use sympathetic plaintiffs (citizens of England, Australia, German). I am not confident we would have has as good an outcome if the plaintiff in the first case was Abdul Al Hassan of of Iran.

Every time our side wins one of these cases, it becomes less "unthinkable" that a "gun case" would be credible. We still face an uphill battle where some judges dismiss gun cases out of hand (note the Draper v. Healy where, in the first round, the judge would not even allow the case to get to the point where we could argue the regulations are not well defined).

Awesome, I'm a green card holder who has a Class A Unrestricted. Love hearing these stories and thankful for Fletcher v Haas.
I was surprised at how many green card holders wanted LTCs and how much of a difference Fletcher v. Haas actually made.
 
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Fortunately, those bringing these various cases have been smart enough to use sympathetic plaintiffs (citizens of England, Australia, German). I am not confident we would have has as good an outcome if the plaintiff in the first case was Abdul Al Hassan of of Iran.

You'd be surprised. In many cases, people who are immigrants to the US from a hostile regime, come here because they face persecution in their home countries for one reason or another. They have no love for the government that's persecuting them. I would hope that a court would recognize that, and I'd certainly try to bring that out if I could, in establishing the character of the plaintiff as a "suitable person". (but IANAL and I don't know if that'd be admissible.)

I was surprised at how many green card holders wanted LTCs

I'm not. Freedom, including gun rights, is what attracts many to the US. I personally know two immigrants to the US from the UK who are both very pro-2A. Some of the gun ranges in Hawaii and Nevada make a fair bit of coin from well-heeled tourists from the Pacific Rim who want to shoot, which they'd never be allowed to do in their various home countries.
 
Yes they have. Ask me how I know...!

If a police chief has a record of issuing machine gun licenses to US citizens, then it would be unconstitutional for him to deny a license to a lawful permanent resident based upon the applicant's nationality. ANY classification by the government based solely upon nationality triggers heightened scrutiny in exactly the same way as if the police chief's policy took into account race, ethnicity or religion.
 
That's right. My chief of police had no issues whatsoever with the fact that I'm a green card holder. He was much more interested in my personal character, if I was a responsible individual or not, why I wanted a machine gun, how I would securely store it, how to transport it and so on.

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That's awesome. Thanks for responding.
 
Once again SAF doing all the heavy lifting, unlike the NRA.

That's not entirely fair. SAF has certainly led the charge on the alienage issue. Comm2A was organized around this issue and SAF was instrumental in helping us get started. We went to them with the Fletcher proposal and the idea of forming Comm2A and they told us we should make it happen. And we did. https://www.nradefensefund.org/

The NRA has been a surprisingly strong, but much quieter partner and we value our relationship with them. Specifically, The NRA Civil Rights Defense Fund has been instrumental in cases like Jarvis, Davis, Batty, and others. They don't spend their time and money stirring the shit like others do, and they're deserving of your support.
 
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