ACLU Sues to Expand Immigrant's Gun Rights in South Dakota

[Crosstimbers Okie]

That is great news!!!!!!!!!! The ACLU is finally recognizing the 2nd Amendment as a civil liberty! We've come a long, long way.

And they are right. All the state in doing is denying a law abiding non-resident his right to defend himself with legal means. Terrorists and MS-13 members are unlikely to submit to a permit process. And even if they do, they will lose it if they commit a crime--a REAL crime.

http://www.foxnews.com/us/2011/01/06/new-aclu-lawsuit-expand-south-dakota-gun-rights/

 

[Dave70968]

Sort of.

1) This is a state chapter of the ACLU, not the national organization. The national organization is still stuck on stupid on the Second Amendment.

2) This is more of an immigration issue than a gun issue, really: the plaintiff is a lawful permanent resident being denied <insert constitutional right here>. That it is a gun issue isn't really the big deal; it's a civil liberties issue, period.

3) Interestingly, the NRA is behind Mr. Smith; GOA is opposed to the issue. Frankly, GOA's stock just took a nose-dive with me, for two reasons:

• for trying to conflate Mr. Smith with an illegal immigrant
• and for failing to recognize that self defense, including with a firearm, is a human right

 

[Gunrunner45]

They are claiming his "Constitutional Rights" are being violated.

Sorry he is a 'Resident Alien" not a US Citizen & therefore is not protected by the Constitution of the United States.

He's been here 30 years. If he wants the rights of a US Citizen then apply for Citizenship.


Can he Vote? No, because he is not entitled to the same rights as a Citizen of this country. This is where the ACLU is going with this. If they win this one the next step will be voting rights for non-citizens.

 

[Crosstimbers Okie]

Constitutional rights protect Human rights, not citizenship rights. If you don't believe me, kill an illegal alien without due process of law and see what happens to you.

 

[dutchwrangler]

They are claiming his "Constitutional Rights" are being violated.

Sorry he is a 'Resident Alien" not a US Citizen & therefore is not protected by the Constitution of the United States.

Incorrect... and since my Canadian wife is going through the process of getting her permanent residency...

http://www.uscis.gov/portal/site/us...s+of+green+card+holder&radioSearch=entireSite



Rights and Responsibilities of a Green Card Holder (Permanent Resident)


Your Rights As A Permanent Resident

As a permanent resident (green card holder), you have the right to:

Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)

Be protected by all laws of the United States, your state of residence and local jurisdictions


Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

Required to obey all laws of the United States the states, and localities

Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities (see IRS link to the right)

Expected to support the democratic form of government and not to change the government through illegal means

Required, if you are a male age 18 through 25, to register with the Selective Service

For important information about “Maintaining Permanent Residence,” “Voting as a Permanent Resident” and “International Travel as a Permanent Resident” see the links to the left.



I hope this goes favorable for Mr. Smith as Oklahoma also has this restriction on a CCW and it should be changed to allow Permanent Residents to CCW to comply with the Bill of Rights.

Edit: ILLEGAL ALIENS on the other hand should be rounded up and deported!

 

[5.56:)]

Constitutional rights protect Human rights, not citizenship rights. If you don't believe me, kill an illegal alien without due process of law and see what happens to you.

Actually you can, Under a state of war which we have been in since 9/11/2001 anyone who enters this country illegaly is considered a spy and can be shot legally.

 

[inactive]

Actually you can, Under a state of war which we have been in since 9/11/2001 anyone who enters this country illegaly is considered a spy and can be shot legally.

Interesting perspective. Not so sure it has any legal merit however.

 

[andrsnsm]

Actually you can, Under a state of war which we have been in since 9/11/2001 anyone who enters this country illegaly is considered a spy and can be shot legally.

I don't think there was ever a Congressional declaration of war. I wouldn't want to be the test case for your theory anyway.

 

[Dr. Tad Hussein Winslow]

It's definitely a good thing, on balance. They may be sloooowly coming to recognizing it for what it is - a fundamental, incredibly important, civil constitutional right. So so long it never extends to ILLEGAL aliens, then I say by all means, yes.

. Frankly, GOA's stock just took a nose-dive with me, for two reasons:
for trying to conflate Mr. Smith with an illegal immigrant
and for failing to recognize that self defense, including with a firearm, is a human right

Absolutely, yes.

Under a state of war which we have been in since 9/11/2001

We most certainly are NOT in a state of war. The so-called "war on terror" was, is, and will always be a farce of the highest order, from the get-go. Wars are declared by Congress and have definable goals and criteria for ending. This farce has neither. If it IS a war, then it's an Orwellian perpetual war, because there will ALWAYS be "terror". You can't eliminate "terror" from the earth any more than you can eliminate cockroaches. The politicians of course would love nothing more than a perpetual war, and the media has now for almost 10 years given them precisely what they wanted, because they have bought in hook, line, and sinker to this phrase and concept that is nonsensical and frankly impossible ab initio. The mainstream media, on the whole, is incredibly stupid and can be manipulated incredibly easily - that's one thing we've learned from this supposed "war on terror" - not to mention the common man and woman ..... but I digress.

Not that I personally have a big problem with shooting *illegal* aliens as they try to come across the border - I don't. But they are illegal, not legal.

 

[Usmc-1]

Whether we are at war or not, is imaterial , whats happening is our government is employing New World tactics on the people who live here (not citizens) , those who LIVE here! This moron we have as President and the backers of his government dont give a damn about citizenship , its a much bigger picture than just citizens , he's selling us out , like a big company leveraging assets before the bankruptcy or merger!

Small cases like irratate me, ever notice how the Mexicans have illegally sanctioned consulate offices all over the United States , these are not Embassies ,but are afforded the same rights!

They do not rate having CCW , they do not rate lawfully owning a firearm in this country, I dont care if they are being attacked , they legally cannot own/use a firearm even in self defense!