No pepper spray for aliens

[attorneyfoley]

The new bill reads:

Section 122D. No person shall purchase or possess self-defense spray who:
.
.
(vii) is an alien who does not maintain lawful permanent residency or is an alien not residing under a visa pursuant to 8 U.S.C § 1101(a)(15)(U), or is an alien not residing under a visa pursuant to 8 U.S.C. § 1154(a)(1)(B)(ii)(I) or is an alien not residing under a visa pursuant to 8 U.S.C. § 1101(a)(15)(T)(i)(I)-(IV);
.
.

Notice the conjunction used is "or". Failing any one of the tests makes one ineligible. It is not possible for an alien to meet all the tests (Green Card, U-Visa, T-Visa, Self Petitioning under VAWA), so an alien MUST fail one.

This could be reworded as

No person shall purchase or possess self-defense spray who is not an alien with a green card or is not an alien with a U-Visa or is not an alien with a T-Visa or is not an alien with VAWA.

Take Christopher Fletcher of Fletcher v Haas.

Mr. Fletcher is a Permanent Resident Alien, meaning he has a green card. However, Mr Fletcher is "an alien not residing under a visa pursuant to 8 U.S.C § 1101(a)(15)(U)", and is therefore ineligible to purchase or possess self defense spray under the second test of (vii).

He is also "an alien not residing under a visa pursuant to 8 U.S.C. § 1154(a)(1)(B)(ii)(I)", making him ineligible.

He is also "an alien not residing under a visa pursuant to 8 U.S.C. § 1101(a)(15)(T)(i)(I)-(IV)", making him ineligible.

 

[Mr.E]

 

[browncoat]

The new bill reads:

Section 122D. No person shall purchase or possess self-defense spray who:
.
.
(vii) is an alien who does not maintain lawful permanent residency or is an alien not residing under a visa pursuant to 8 U.S.C § 1101(a)(15)(U), or is an alien not residing under a visa pursuant to 8 U.S.C. § 1154(a)(1)(B)(ii)(I) or is an alien not residing under a visa pursuant to 8 U.S.C. § 1101(a)(15)(T)(i)(I)-(IV);
.
.

Notice the conjunction used is "or". Failing any one of the tests makes one ineligible. It is not possible for an alien to meet all the tests (Green Card, U-Visa, T-Visa, Self Petitioning under VAWA), so an alien MUST fail one.

This could be reworded as

No person shall purchase or possess self-defense spray who is not an alien with a green card or is not an alien with a U-Visa or is not an alien with a T-Visa or is not an alien with VAWA.

Take Christopher Fletcher of Fletcher v Haas.

Mr. Fletcher is a Permanent Resident Alien, meaning he has a green card. However, Mr Fletcher is "an alien not residing under a visa pursuant to 8 U.S.C § 1101(a)(15)(U)", and is therefore ineligible to purchase or possess self defense spray under the second test of (vii).

He is also "an alien not residing under a visa pursuant to 8 U.S.C. § 1154(a)(1)(B)(ii)(I)", making him ineligible.

He is also "an alien not residing under a visa pursuant to 8 U.S.C. § 1101(a)(15)(T)(i)(I)-(IV)", making him ineligible.

Usually or means if you pass any of the tests you are fine. The conjunction and would make it so all tests would apply. However IANAL, just a logician.

 

[swatgig]

Usually or means if you pass any of the tests you are fine. The conjunction and would make it so all tests would apply. However IANAL, just a logician.

That's usually true, and likely what they intended. However the way it's written, if you pass any of the tests, you are prohibited.

 

[browncoat]

That's usually true, and likely what they intended. However the way it's written, if you pass any of the tests, you are prohibited.

Totally right, I didn't keep track of where the negation was. Good catch attorneyfoley, swatgig

 

[Palladin]

alien??

my avatar

 

[n1oty]

And these are the kinds of mistakes that occur when any legislation is rushed without long and clear vetting. You'd think the lawyers and politicians would understand this by now.

 

[FreeWillie]

And these are the kinds of mistakes that occur when any legislation is rushed without long and clear vetting. You'd think the lawyers and politicians would understand this by now.

yea right.

Sent from the depths of Hell with TapaTalk V2

 

[Coyote33]

That's usually true, OR likely what they intended. However the way it's written, if you pass any of the tests, you are prohibited.

Totally right, I didn't keep track of where the negation was. Good catch attorneyfoley, swatgig

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