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View Full Version : NRA/SAF sue state of WA over unavailable required gun permits for aliens...


bwiese
11-05-2008, 11:33 AM
Dave Hardy at Arms & The Law thinks this is a winner:

http://www.examiner.com/a-1675034~Washington_sued_over_gun_permits.html (http://www.examiner.com/a-1675034%7EWashington_sued_over_gun_permits.html)
SEATTLE - A Bellevue (http://www.examiner.com/Subject-Bellevue.html) gun rights group and the National Rifle Association (http://www.examiner.com/Subject-National_Rifle_Association.html) have filed a
federal lawsuit against the state Department of Licensing.The Second Amendment (http://www.examiner.com/Subject-Second_Amendment_Foundation.html)
Foundation (http://www.examiner.com/Subject-Second_Amendment_Foundation.html) says the department requires resident aliens to obtain a special license to
buy a gun and then refuses to issue it.

The Seattle Post-Intelligencer (http://www.examiner.com/Subject-Seattle_Post-Intelligencer.html) reports the department says it cannot perform the
required background check because the FBI (http://www.examiner.com/Subject-Federal_Bureau_of_Investigation.html) won't allow a non-criminal justice agency
to use the database.

A spokesman for the state attorney general's office says it's just starting to look at
the lawsuit.

It seeks to have a judge order the state to issue gun permits to resident aliens or
declare the law unconstitutional.

I think we can extrapolate from this - CA folks are blocked from buying guns in other states even though that transaction is legal in that state and even if the intent is to retain the gun in that state (or outside CA). I think we can take this down, though that is a lower priority fight for now.

tgriffin
11-05-2008, 12:00 PM
Even if WA law allows non-resident sales, is there anything in CA law that would invalidate this little gem: A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30

Liberty1
11-06-2008, 9:38 AM
the complaint

http://saf.org/legal.action/wa.alien.resident.lawsuit/wa.alien.resident.complaint.pdf

hoffmang
11-06-2008, 10:17 AM
I can confirm that this is an excellent challenge in my opinion and its timing should dovetail nicely with Incorporation from Nordyke.

-Gene

artherd
11-06-2008, 6:02 PM
All we want of these law enforcement agencies - is for them to follow the law.

hoffmang
11-06-2008, 7:29 PM
All we want of these law enforcement agencies - is for them to follow the law.

The funniest part is that they structural can not follow the law here. The law contains conflicting requirements. It should be amusing.

-Gene

sierratangofoxtrotunion
11-06-2008, 8:37 PM
The funniest part is that they structural can not follow the law here. The law contains conflicting requirements. It should be amusing.

-Gene

Fish in a barrel?

hoffmang
11-06-2008, 9:02 PM
Fish in a barrel?

:30: Sushi!

-Gene

leelaw
11-07-2008, 3:36 AM
:43:

Standing by for the success thread.