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Wednesday, April 2, 2014

New Mexico's Immigrant Ruling to Bolster Gun Rights Cases

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TOPIC: New Mexico's Immigrant Ruling to Bolster Gun Rights Cases

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Alan Gottlieb

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Andre Traversa

CREDS
Founder of the Second Amendment Foundation  
Author of twenty books, including
Regular on TV and radio including  MacNeil-Lehrer News Hour, ABC’s20/20, NBC Today ShowThe O'Reilly FactorLarry King Live,

New Mexico’s Immigrant Ruling to Bolster Gun Rights Cases
A federal judge ruled Monday that legal immigrants have the same right to concealed-carry permits as American citizens, in a New Mexico case that gun rights advocates  said strengthens their argument that the Second Amendment is a fundamental personal right. District Judge M. Christina Armijo said there is no evidence that green card holders, or legal permanent residents, pose a greater danger when carrying concealed firearms than do American citizens, and she ruled it was a violation of the Constitution’s Equal Protection Clause to deny them that right.
The case stemmed from a challenge by John W. Jackson, an Australian who immigrated to the U.S. and lives in New Mexico, who sued along with the  Second Amendment Foundation. Alan M. Gottlieb, executive vice president of the foundation, said the discrimination ruling makes it increasingly difficult for gun control advocates to chip away at gun rights. “It helps build case law,” he said. “If legal aliens have rights, citizens obviously do, too.”
The New Mexico Department of Public Safety, which administers the concealed-carry law, didn’t respond to a request seeking comment on the ruling. Attorneys for New Mexico argued in court that it wasn’t discrimination to treat legal immigrants differently and, even if it was, it was warranted because it was impossible to conduct full background checks on legal immigrants. The background check doesn’t cover disqualifying misdemeanor crimes committed in foreign countries. Judge Armijo said that also is true for American citizens and that treating immigrants differently violates the Equal Protection Clause of the Constitution.
“United States citizens who have traveled or lived abroad are not denied such licenses due to defendant’s inability to run a complete and thorough background check,” Judge Armijo wrote. “Therefore, the court concludes that the citizenship requirement is not narrowly tailored to serve the government’s compelling interest in public safety.”
The ruling doesn’t apply to illegal immigrants, who are barred by federal law from buying or possessing firearms. The gun rights debate has been on hold in Congress since last year, when President Obama fell short in his push for limits on ammunition magazine sizes and on semi-automatic rifle sales in the wake of the mass shooting at an elementary school in Newtown, Conn. Second Amendment supporters have been notching court wins, particularly on the right to carry concealed weapons. The Supreme Court has ruled that the right to bear arms is a personal right, but federal judges are grappling with whether that right extends beyond someone’s home — one of the key questions in concealed-carry permits. The Supreme Court declined this year to hear cases that would have raised that issue, and Judge Armijo’s ruling doesn’t speak to that issue either.
State rules on concealed-carry permits and noncitizens vary. A handful of them specifically rule out legal immigrants’ right to carry a weapon or place additional burdens on them for obtaining permits. Gun rights groups used to be split on the issue. The National Rifle Association in 2011 backed a challenge to a South Dakota law that treated citizens and noncitizens differently, while Gun Owners of America disagreed.
During that debate, Gun Owners of America Executive Directorhttp://www.washingtontimes.com/news/2014/mar/31/new-mexicos-immigrant-ruling-to-bolster-gun-rights/?page=2 Larry Pratt told Fox News that states should have the right to decide who can carry concealed weapons. “If the guy wants to enjoy the full benefit of residing in the United States, become a citizen. He’s been here for 30 years, what’s he waiting for?” Mr. Pratt told the website, adding that he suspected the American Civil Liberties Union was trying to carve out an opening for illegal immigrants to obtain concealed-weapons permits. But by last year, the organization said it supported equal concealed-carry gun rights for legal immigrants.
BIO:
Dynamic and articulate are two accurate descriptions of Alan Gottlieb.
Alan is a Nuclear Engineering graduate of the University of Tennessee and has attended the Institute on Comparative Political & Economic Systems at Georgetown University.
He is recognized as a member of the working press, maintaining active membership in the Outdoor Writers Association of America.  His articles have appeared in the Seattle Times, San Francisco Examiner, Washington Post, Atlanta Journal-Constitution, Cincinnati Inquirer, Chicago Tribune, Orlando Sentinel, Ft. Worth Star-Telegram and USA Today.
Alan is the Publisher of TheGunMag.com and The Gottlieb-Tartaro Report. He is the Chairman of the Citizens Committee for the Right to Keep and Bear Arms, Founder of the Second Amendment Foundation, serves on the Board of  Directors of the American Conservative Union, President of the Center for the Defense of Free Enterprise, President of the American Political Action Committee and President of NoInternetTax.org.
His handiwork has received notice in the New York Times, Wall Street Journal, Washington Post, Cleveland Plain Dealer, Time, People, Rolling Stone, National Review and Outside magazine.
Alan has received the prestigious Golden Eagle Award from the American Federation of Police, and was commended by the Kentucky House of Representatives for his “outstanding leadership in preserving our American heritage of freedom.”  He is listed in Who’s Who in America, Who’s Who in the World and Who’s Who in American Politics.
Alan has appeared on over 4,400 TV and radio talk shows, including theMcNeil-Lehrer News Hour, ABC’s 20/20, The Michael Reagan Show, The Ken Hamblin Show, PBS All Things Considered, CNN Crossfire, Fox TV’s Crier Report, NBC Today Show, The O’Reilly Factor, ESPN, Larry King Live, CNN Special Reports, Hannity & Combs, CNN All Politics, Fox News ChannelCNN Headline NewsMSNBCPiers MorganLou Dobbs TonightHardball with Chris Mathews, The Mike Huckabee Show, Al Jazeera Inside Story and Good Morning America.
Alan is President of Merril Associates, a noted direct response advertising agency specializing in direct mail, fund raising and public relations.  He is also President of Merril Press, a non-fiction book publishing company.
Alan is also President of radio stations KBNP in Portland, Oregon, KITZ in Seattle, Washington,  KGTK in Olympia, Washington, and KSBN in Spokane, Washington and former Chairman of the Talk America Radio Network and former President of the Universal Talk Network.
In addition, Alan is the author of twenty books including Politically Correct Guns, Trashing the Economy and She Took a Village: The Unauthorized Biography of Hillary Clinton, Alan Gottlieb's Celebrity Address Book, Double Trouble: Daschle and Gephart Capitol Hill Bullies,and Gun Rights Affirmed, America Fights Back: Armed Self-defense in a Violent Age, These Dogs Don’t Hunt: The Democrats’ War on Guns andAssault on Weapons: The Campaign to Eliminate Your Guns and Black & Blue: How Obama and the Democrats are Beating up the Constitution, Shooting Blanks: Facts Don’t Matter to the Gun Ban Crowd.

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