Wednesday, September 28, 2011


Note: The following should not be taken as legal advice, and is
always subject to error, court decisions, ad nauseam.


Note: in relation to the lawsuit in Omaha, NE we have been asked by
several about AZ laws.
Relevant excerpts as follows. BTW, for the record on other related
issues, we have never opposed legal immigration, and a good number of
our members are immigrants.

Arizona laws 2011
Arizona does allow resident aliens (the "green card" 18 USC 922 (y) )
to purchase and possess firearms subject to same restrictions as

ARS 13-3101.A.7.e (Prohibited possessor)
Note: this section was strongly opposed by usually anti firearms
rights democrats in state legislature

(e) Who is an undocumented alien or a nonimmigrant alien traveling
with or without documentation in this state for business or pleasure
or who is studying in this state and who maintains a foreign
residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit
that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate
in a competitive target shooting event or to display firearms at a
sports or hunting trade show that is sponsored by a national, state
or local firearms trade organization devoted to the competitive use
or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign
visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States
attorney general.

ARS 13-3102 Misconduct involving weapons
4. Possessing a deadly weapon or prohibited weapon if such person is
a prohibited possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was
defaced; or

14. Supplying, selling or giving possession or control of a firearm
to another person if the person knows or has reason to know that the
other person would use the firearm in the commission of any felony; or
15. Using, possessing or exercising control over a deadly weapon in
furtherance of any act of terrorism as defined in section 13-2301 or
possessing or exercising control over a deadly weapon knowing or
having reason to know that it will be used to facilitate any act of
terrorism as defined in section 13-2301.

13-3106. Firearm purchase in other states
A person residing in this state, or a corporation or other business
entity maintaining a place of business in this state, may purchase or
otherwise obtain firearms anywhere in the United States if such
purchase or acquisition fully complies with the laws of this state
and the state in which the purchase or acquisition is made and the
purchaser and seller, prior to the sale or delivery for sale, have
complied with all the requirements of the federal gun control act of
1968, Public Law 90-618, section 922, subsection (c) and the Code of
Federal Regulations, volume 26, section 178.96, subsection (c).

13-3112 Concealed weapons
E. The department of public safety shall issue a permit to an
applicant who meets all of the following conditions:
1. Is a resident of this state or a United States citizen.
2. Is twenty-one years of age or older.
5. Is not unlawfully present in the United States.

Omaha sued over gun law aimed at legal immigrants
By MARGERY A. BECK/The Associated Press | Posted: Tuesday, September
27, 2011 5:55 pm |

OMAHA — A Mexican national and two gun-rights organizations sued the
city of Omaha Tuesday over an ordinance prohibiting legal resident
immigrants who are not U.S. citizens from possessing handguns.
Armando Pliego Gonzalez, the Nebraska Firearms Owners Association and
the Second Amendment Foundation filed the lawsuit in U.S. District
Court in Nebraska. Gonzalez was given permanent resident alien status
in 2008, more than seven years after legally moving to the U.S., the
lawsuit says.
The lawsuit says he Gonzalez bought a gun after a break-in and
robbery at his home in 2010. But when he tried to register the gun
with the Omaha Police Department — as required by local law — he was
denied a registration permit because he is not a U.S. citizen.
"Omaha's prohibition on registration of handguns by non-citizens,
even those legally in the United States ... significantly limits
(Gonzalez's) ability to protect himself and his family in the event
of violence," the lawsuit says.
Possession of a handgun not registered with the Omaha Police
Department is a misdemeanor crime that can result in confiscation of
the gun, a fine and possible jail time.
The lawsuit claims the denial of the permit violates Gonzalez's
constitutional right to equal protection under the law and the right
to bear arms. It asks a judge to issue preliminary and permanent
injunctions to keep the Omaha law from being enforced and to declare
the citizenship requirement unconstitutional.
While Gonzalez can legally own a handgun under Nebraska law, the city
ordinance bans him from owning one in his home for self-defense, said
Andy Allen, president of the Nebraska Firearms Owners Association.
"For years, the NFOA has attempted to discuss with the city a number
of issues in Omaha's onerous firearms laws, but has been met by a
complete refusal to even open a dialog," Allen said. "This case
addresses the first of those issues, and we hope the city considers
taking measures to remove the burdensome restrictions on the
fundamental rights of its law-abiding population."
Omaha's law barring handgun permits for non-U.S. citizens has been on
the books since at least 1988, Allen said, and is unique in Nebraska.
But a similar lawsuit was filed earlier this year in Massachusetts by
a United Kingdom citizen and two gun rights groups claiming a state
law there barring legal immigrants from owning handguns is
A message left for Omaha City Attorney Paul Kratz was not immediately

Man behind illegal gun buys convicted in Texas
Tuesday, September 27, 2011

McALLEN, TX -- A federal jury in McAllen has convicted a local
business owner of arranging for others to purchase assault rifles for
him from gun stores.

The U.S. Attorney's office announced Tuesday that 48-year-old Manuel
Tijerina-Herrera, owner of Klub Infinity and a restaurant called El
Tiburon in McAllen, was convicted Monday evening on charges related
to a scheme in which he paid others to buy guns for him.

Prosecutors alleged that Tijerina-Herrera paid at least five other
people to buy guns. The conviction included three counts of aiding
and abetting the making of false statements on a gun buyer form and
two counts conspiracy to make false statements on that form.

So-called "straw purchases" are commonly used to get weapons to
Mexico's violent drug cartels.
Sentencing was scheduled for Dec. 29.

No comments:

Post a Comment