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Judge orders Nebraska to allow concealed-carry permits for legal non-citizens who qualify
Associated Press ^ | October 23, 2013 | NA

Posted on 10/24/2013 11:07:52 AM PDT by neverdem

LINCOLN, Nebraska — A federal judge in Nebraska has ordered the state to stop enforcing a law that prevents legal, non-citizens from getting a permit to carry a concealed handgun...

(Excerpt) Read more at therepublic.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Politics/Elections; US: Nebraska
KEYWORDS: banglist; guncontrol; secondamendment
This could get real interesting. What's a fundamental right?

What if a legal resident alien can't pass the written test for citizenship because of a learning disorder, e.g. dyslexia?

1 posted on 10/24/2013 11:07:52 AM PDT by neverdem
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To: Tzimisce; Newbomb Turk; Kolath; MountainDad; IronJack; butterdezillion; x_plus_one; ...
BANG!
2 posted on 10/24/2013 11:12:04 AM PDT by neverdem (Register pressure cookers! /s)
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To: neverdem

What??? They have no rights so do not qualify.


3 posted on 10/24/2013 11:18:40 AM PDT by Lady Heron
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To: neverdem
Legal illegals?

Really?

4 posted on 10/24/2013 11:27:29 AM PDT by Paladin2
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To: Paladin2

Resident aliens - i.e., holders of green cards - can legally possess firearms in the US. They should be able to get carry permits.


5 posted on 10/24/2013 11:35:02 AM PDT by jdege
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To: Paladin2
Legal illegals? Really?

Not illegals: legal aliens (non-citizens who have a "Green Card," which entitles them to legal permanent residency in the U.S.).

6 posted on 10/24/2013 11:35:58 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: neverdem
Legal Permanent Residents are U.S. Persons, and are candidates for citizenship. Typically they have all rights except certain political participation rights.

Gun ownership would certainly be a right they do have. This judgement is not about illegal aliens.

7 posted on 10/24/2013 11:39:07 AM PDT by Regulator
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To: Lady Heron

Don’t illegals have the lawful right to defend themselves?


8 posted on 10/24/2013 11:48:21 AM PDT by cornfedcowboy
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To: neverdem

Permanent residents are allowed to purchase firearms. I have no problem allowing them to also carry firearms.


9 posted on 10/24/2013 11:55:07 AM PDT by Yo-Yo
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To: neverdem; All
I don't know the details of this case, but there seems to be a conflict between the judge's decision and Section 1 of the 14th Amendment.
14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States (emphasis added); nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Insights welcome.

10 posted on 10/24/2013 12:01:12 PM PDT by Amendment10
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To: Amendment10

I fail to see how granting a right to a legal resident alien abridges the rights of any full citizen.


11 posted on 10/24/2013 12:13:23 PM PDT by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: neverdem
What if a legal resident alien can't pass the written test for citizenship because of a learning disorder, e.g. dyslexia?

Send them back to ocixeM

12 posted on 10/24/2013 12:17:29 PM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: jdege

Resident aliens - i.e., holders of green cards - can legally possess firearms in the US. They should be able to get carry permits.
****************************************************
Absolutely they should. This was a good decision by a good judge by a stand-up plaintiff who’s a firm supporter of the 2nd amendment. And the plaintiff is a LEGAL non-citizen resident of the US.


13 posted on 10/24/2013 12:32:14 PM PDT by House Atreides ( D)
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To: cornfedcowboy

“Don’t illegals have the lawful right to defend themselves?”

No.


14 posted on 10/24/2013 12:47:22 PM PDT by Sixpackplymouth
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To: neverdem
I have fond memories of the Korean shop owners defending their property with assault rifles during the LA riots.
15 posted on 10/24/2013 12:57:41 PM PDT by usurper (Liberals GET OFF MY LAWN)
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To: null and void; All
I fail to see how granting a right to a legal resident alien abridges the rights of any full citizen.

We're not talking about states abridging the rights of citizens. The way that I read Section 1 of 14A is that non-citizens aren't necessarily guaranteed the constitutional priviliges and immunities enjoyed by citizens. In other words, the states arguably have the power to discriminate against non-citizens on the basis of constitutional criteria which protects citizens.

Also, the judge arguably made it easier for non-citizen terrorists to be terrorists.

16 posted on 10/24/2013 1:03:03 PM PDT by Amendment10
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To: neverdem

These are resident aliens...i.e. those with a green card. Of course they should be able to carry a firearm openly, concealed, or duct-taped to their forehead should they wish to.

At the risk of FR heresy, I’ll also add that anyone who happens to live here should have the right to carry. INCLUDING illegal aliens and convicted felons who are no longer incarcerated. Once you start down that slippery slope of defining which classes and subclasses should and should not be able to carry, you end up with abominations like anyone who has a domestic protection order against them is suddenly not allowed to possess a firearm.

Self defense is either a basic human right or it isn’t.


17 posted on 10/24/2013 1:12:17 PM PDT by RKBA Democrat (Power disintegrates when people withdraw their obedience and support)
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To: neverdem

This is actually pretty tricky, because it involves several things. Not just US citizenship, but citizenship in that state, that is, a legal resident.

Many states prohibit tourists from being licensed to carry a gun in that state. Many states have stiff requirements before non legal residents can get in-state tuition to schools.

While I’m not disagreeing with this judge’s opinion, he really opened a can of worms. He should have created a very detailed opinion outlining the rules.


18 posted on 10/24/2013 1:14:10 PM PDT by yefragetuwrabrumuy (Welfare is the new euphemism for Eugenics.)
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To: Amendment10
Yes. This state/judge made the call to grant a privilege to legal residents, not to require that all legal resident aliens have all privileges.

With your screen name I would think you would recognize that a state has the ability to do this independent of what the Federal government and other states do.

Also, the judge arguably made it easier for non-citizen terrorists to be terrorists.

The judge unquestionably made it easier for non-citizen legal residents to defend themselves and others from terrorists.

19 posted on 10/24/2013 1:26:04 PM PDT by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: Sixpackplymouth

The right of self defense is absolute.


20 posted on 10/24/2013 1:27:05 PM PDT by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: Sixpackplymouth

Do illegals have the right to life?


21 posted on 10/24/2013 1:48:38 PM PDT by cornfedcowboy
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To: neverdem
What's a fundamental right?

Aren't fundamental rights those granted by the Creator?

22 posted on 10/24/2013 2:45:08 PM PDT by BfloGuy (The final outcome of the credit expansion is general impoverishment. [Ludwig Von Mises])
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To: BfloGuy
Aren't fundamental rights those granted by the Creator?

That's my understanding. Don't ask me about atheists though.

23 posted on 10/24/2013 2:56:40 PM PDT by neverdem (Register pressure cookers! /s)
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To: neverdem
That's my understanding. Don't ask me about atheists though.

I believe they get them, too. They just don't know why.

24 posted on 10/24/2013 3:09:47 PM PDT by BfloGuy (The final outcome of the credit expansion is general impoverishment. [Ludwig Von Mises])
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To: cornfedcowboy

“Do illegals have the right to life?”
Yes they do. My frustration with their presence here gets the better of me. I a vehemently opposed to any acceptance, in any way shape or form, of their continued occupation of our country.


25 posted on 10/24/2013 3:36:34 PM PDT by Sixpackplymouth
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