By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX. https://richlandcollege.edu/ Note that I do NOT select which ads run on the blog.
Saturday, October 29, 2011
An equal protection/due process victory for gun rights.
Excerpts from State of Washington v. Ibrahim.
"Sweeney, J. — This appeal follows the conviction of a legal alien for violating a
former statute that required aliens to register all firearms. Citizens are not required to register their firearms. The defendant here was a permanent legal alien when he was arrested for possession of a firearm. We conclude that the statute violates the defendant’s right to equal protection of laws and we therefore reverse the conviction and dismiss the prosecution." . . .
The United States Supreme Court has held that rights guaranteed by the United
States Constitution extend “to a class of persons who are part of a national community orwho have otherwise developed sufficient connection with this country to be considered part of that community.” United States v. Verdugo-Urquidez, 494 U.S. 259, 265, 110 S.Ct. 1056, 108 L. Ed. 2d 222 (1990). That includes those who are legally in the country and excludes those who are illegally in the country. United States ex rel. Turner v.Williams, 194 U.S. 279, 292, 24 S. Ct. 719, 48 L. Ed. 979 (1904).
Mr. Ibrahim falls within that class of people who have developed a sufficient
connection with this country to be considered part of that community. He is a legal alien and before now had no convictions. The State argues that the former statute’s
requirement that any alien “obtain an alien firearm license” eliminates any constitutional infirmity. The problem with the State’s argument is that it ignores the absence of any such requirement for a citizen. And again it makes no compelling case based on anything in this record why an alien legally in this country should be treated any differently than a citizen. And more importantly, as we have already concluded, it denies due process of law by discriminating between legal aliens and citizens."
For more on this and the current, now presumptively unconstitutional statute, see this post. Note there is also a similar federal statute that may also be unconstitutional. Here is the full opinion.
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