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How do LEO determin one's citizen status?

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  • Lugiahua
    Senior Member
    • Sep 2011
    • 1576

    How do LEO determin one's citizen status?

    A few months ago, during a pull over, the LEO in charge saw my rifle case and ammo can, then he asked if I am a US citizen. I showed him my passport and he went on his way.

    I was wondering later, how do LEO confirms one's citizen status without a document?(does their datebase on patrol car shows it?)
    what if I didn't have my passport with me? could he confiscated my firearms/arrest by claiming that I was not a citizen?

    obviously not every citizen has a passport, and almost no one carry their birth certificate with them all time.
  • #2
    winnre
    Calguns Addict
    • Apr 2010
    • 9214

    Why would he need to know that? I cannot think of any laws on the books that are legal for citizens to break that immigrants cannot. I am an immigrant and now a US citizen, as far as I know all laws have always applied equally to me.
    "If Jesus had a gun he would be alive today"-Homer Simpson

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    • #3
      Lugiahua
      Senior Member
      • Sep 2011
      • 1576

      I thought there is a federal law says that non-immigrant foreigner (visitor, student, etc) can not own firearms without hunting license.

      Comment

      • #4
        mc21
        Member
        • May 2012
        • 368

        Non citizens must be going to place that allows the firing of firearms to be legally transporting a firearm in the vehicle. Citizens do not have that same restriction. I think that is what wa stated in the penal codes. Wait for someone to confirm.

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        • #5
          russ69
          Calguns Addict
          • Nov 2009
          • 9348

          I believe the State Dept is the final arbitrator on citizenship, so law enforcement can't determine status, but they can ask about your citizenship. There is no absolute proof because you can denounce your citizenship at any time. The normal documents are generally accepted but real proof requires checking with the state department.
          Last edited by russ69; 06-11-2012, 1:58 PM.
          sigpic

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          • #6
            Lugiahua
            Senior Member
            • Sep 2011
            • 1576

            I believe this hasn't be brought up in those "don't talk to police" threads yet.

            Do we have obligation to answer regarding to citizenship during pull over/welfare check/whatever? Can police demand us to show proof of citizenship?

            What if one doesn't have the proof with him/her in person?
            say an individual does not have a passport, and does not have birth certificate/naturalization certificate within immediate range?

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            • #7
              littlejake
              Senior Member
              • Aug 2008
              • 2168

              OP: Interesting that you were driving with your passport. Were you down south near the INS checkpoint on I5 north of Oceanside? It's also an interesting question from the LEO.

              Any chance he was racially profiling you?

              russ69 -- one may renounce one's US citizenship only on foreign soil by making a declaration at an embassy.
              Last edited by littlejake; 06-11-2012, 2:09 PM. Reason: typo
              Life Member NRA and 2A Foundation.
              My posts are my own opinions and do not reflect those of any organization I am a member of.
              Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

              "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
              William Pitt (1759-1806)

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              • #8
                Lugiahua
                Senior Member
                • Sep 2011
                • 1576

                Originally posted by littlejake
                OP: Interesting that you were driving with your passport. Were you down south near the INS checkpoint on I5 north of Oceanside? It's also an interesting question from the LEO.

                Any chance he was racially profiling you?

                russ68 -- one may renounce one's US citizenship only on foreign soil by making a declaration at an embassy.
                I frequently travel oversea for different reasons, so I simply keep the passport in my wallet.
                It is possible of racial profiling IMO, since I have Asian appearance, speak English with a mixed accents between Mandarin and Irish and have a very unique Gaeilge name

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                • #9
                  HowardW56
                  Calguns Addict
                  • Aug 2003
                  • 5901

                  Originally posted by Lugiahua
                  A few months ago, during a pull over, the LEO in charge saw my rifle case and ammo can, then he asked if I am a US citizen. I showed him my passport and he went on his way.

                  I was wondering later, how do LEO confirms one's citizen status without a document?(does their datebase on patrol car shows it?)
                  what if I didn't have my passport with me? could he confiscated my firearms/arrest by claiming that I was not a citizen?

                  obviously not every citizen has a passport, and almost no one carry their birth certificate with them all time.
                  Where were you stopped, was it in California? Border area? What agency stopped you?
                  sigpic

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                  • #10
                    Lugiahua
                    Senior Member
                    • Sep 2011
                    • 1576

                    No, I was in Bay Area, don't remember the exactly agency, was a few months ago.
                    I wasn't really concern about the question, just wondering recently because never heard anyone asked them same.

                    Comment

                    • #11
                      wjc
                      I need a LIFE!!
                      • Dec 2009
                      • 10870

                      Well. back in the good old days only citizens could have drivers licenses so it could be assumed the person was a citizen from having that in their possession.

                      These days with fake id's being manufactured for the illegals by unscrupulous types and L.A.'s rules to give illegals a pass, it's getting tough to tell who is a citizen and who isn't.

                      I suppose the LEO *might* have that data in their computers but I couldn't tell you for sure.

                      You could always ask them something like "Who was called the Yankee Clipper?"
                      sigpic

                      NRA Benefactor Member
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                      SAF Life Member
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                      • #12
                        joash
                        Senior Member
                        • Dec 2011
                        • 700

                        Just stay in LA. Police aren't allowed to inquire re. citizenship.

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                        • #13
                          eta34
                          Senior Member
                          • Oct 2006
                          • 2432

                          LEO here. Nothing in my computer would tell me. Honestly, I don't know how I would figure it out. There are times when I have arrested foreign nationals (mostly Mexican, some South American and a few Jamaicans) and after fingerprinting, INS will send us a detainer. Outside of that, I have No clue.

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                          • #14
                            Mssr. Eleganté
                            Blue Blaze Irregular
                            CGN Contributor - Lifetime
                            • Oct 2005
                            • 10401

                            Originally posted by wjc
                            Well. back in the good old days only citizens could have drivers licenses so it could be assumed the person was a citizen from having that in their possession.
                            How far back were these "good old days"? Members of my family have had California drivers licenses since the 1970's while they were citizens of another county.
                            __________________

                            "Knowledge is power... For REAL!" - Jack Austin

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                            • #15
                              Sealawyer
                              Junior Member
                              • Feb 2009
                              • 97

                              They could call into the LESC in Vermont for citizenship inquiries.

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