The new bill reads:
Section 122D. No person shall purchase or possess self-defense spray who:
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(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);
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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.
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.