DACA - Carrying Pistol in Vehicle

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Redranger
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DACA - Carrying Pistol in Vehicle

#1

Post by Redranger » Sat Nov 24, 2018 4:13 am

Since DACA people are quasi legal residence, I guess by Executive Order only, Are they allowed legally to carry a pistol in a vehicle in Texas as long as it is concealed

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Re: DACA - Carrying Pistol in Vehicle

#2

Post by Liberty » Sat Nov 24, 2018 7:48 am

As long as they aren't barred from because of felonies and such. I think that dreamers might have a problem purchasing though using the NICS system, but there is no reason they should be barred from ownership or being armed in their homes or automobiles. There are no residency requirements that I know of [abbreviated profanity deleted] ownership, just for buying and selling.
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Re: DACA - Carrying Pistol in Vehicle

#3

Post by ScottDLS » Sat Nov 24, 2018 10:13 am

Liberty wrote:
Sat Nov 24, 2018 7:48 am
As long as they aren't barred from because of felonies and such. I think that dreamers might have a problem purchasing though using the NICS system, but there is no reason they should be barred from ownership or being armed in their homes or automobiles. There are no residency requirements that I know of [abbreviated profanity deleted] ownership, just for buying and selling.
Probably if they got an admission number through DACA and went through the other non-resident hoops (hunting license, state resident status for 90 days, etc.) they could potentially buy thru NICS...or maybe not, not sure if the deferred action on their illegal residence in the US lifts the status of being an alien unlawfully present in the US. That status is a federal bar to purchase/possession. State law doesn’t really say anything as far as I can see, so not a convicted felon or criminal street gang member, should be ok with the State.
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Re: DACA - Carrying Pistol in Vehicle

#4

Post by sbrawley » Sat Nov 24, 2018 1:15 pm

Redranger wrote:
Sat Nov 24, 2018 4:13 am
Since DACA people are quasi legal residence, I guess by Executive Order only, Are they allowed legally to carry a pistol in a vehicle in Texas as long as it is concealed
To be clear, DACA recipients do not have a legal status. DACA (Deferred Action for Childhood Arrivals) creates an exemption for deportation under certain conditions. However, if they comply with the conditions I believe they can apply to become residents. Also, if they violate the conditions then a judge can revoke the exemption and have them deported.
I don’t see how they can purchase or even possess a firearm since they don’t have a status only an exemption to be in the United States.
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Re: DACA - Carrying Pistol in Vehicle

#5

Post by rotor » Sat Nov 24, 2018 6:52 pm

I don't think that they can have a firearm or ammunition as they are technically illegal aliens.

https://www.atf.gov/firearms/identify-p ... ed-persons


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Re: DACA - Carrying Pistol in Vehicle

#6

Post by Redranger » Mon Nov 26, 2018 7:11 am

sbrawley wrote:
Sat Nov 24, 2018 1:15 pm
Redranger wrote:
Sat Nov 24, 2018 4:13 am
Since DACA people are quasi legal residence, I guess by Executive Order only, Are they allowed legally to carry a pistol in a vehicle in Texas as long as it is concealed
To be clear, DACA recipients do not have a legal status. DACA (Deferred Action for Childhood Arrivals) creates an exemption for deportation under certain conditions. However, if they comply with the conditions I believe they can apply to become residents. Also, if they violate the conditions then a judge can revoke the exemption and have them deported.
I don’t see how they can purchase or even possess a firearm since they don’t have a status only an exemption to be in the United States.
They have legal status in the eyes of Texas and USCIS. They can get a Texas Drivers license/ID form the Department of Public Safety, the DPS uses USCIS SAVE System which checks the immigration status off all non US Citizens, and also they have a card that pretty much looks like a greencard but it says it is not good for re entry back into the USA.

And the Social Security Adminstration has also issued them a SSN, which they check your legal status before they issue a Social Security Card.


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Re: DACA - Carrying Pistol in Vehicle

#7

Post by rotor » Mon Nov 26, 2018 4:46 pm

Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?


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Re: DACA - Carrying Pistol in Vehicle

#8

Post by Redranger » Mon Dec 03, 2018 5:41 am

rotor wrote:
Mon Nov 26, 2018 4:46 pm
Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?

Can you post it or give me a link plz.


Federal Laws also say a felon can't own a gun, but in Texas they can after 5 years.

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Re: DACA - Carrying Pistol in Vehicle

#9

Post by 03Lightningrocks » Mon Dec 03, 2018 6:16 am

Redranger wrote:
Mon Dec 03, 2018 5:41 am
rotor wrote:
Mon Nov 26, 2018 4:46 pm
Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?

Can you post it or give me a link plz.


Federal Laws also say a felon can't own a gun, but in Texas they can after 5 years.
If it were me, I would check with an attorney before risking it. If you are stopped with a gun in your car and the officer has a different opinion than some member of an internet forum, you will be taking a ride. If convicted on a firearms charge, you can kiss your citizenship chances goodbye. That is a lot to risk so you can carry a gun in your car.

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Re: DACA - Carrying Pistol in Vehicle

#10

Post by DocV » Mon Dec 03, 2018 9:33 am

https://reason.com/volokh/2018/06/28/dr ... -own-a-gun
Kevin Ugurit Fierro-Morales is being prosecuted for possessing a short-barreled shotgun, and for possessing a firearm while "being an alien" "illegally or unlawfully in the United States" (in violation of 18 U.S.C. § 922(g)(5)(A)). But when he was arrested, he was covered by the Defered Action for Childhood Arrivals program—should that lead him to be treated as lawfully present, and as entitled to Second Amendment rights? (Set aside the separate charge short-barreled shotgun charge for now.)

No and no, a federal district court in San Diego held Tuesday. First, DACA made clear that President Obama's action didn't itself confer legal status: "[T]he provisions of DACA promising to defer removal and to authorize work did not confer lawful immigration status or create ambiguity as to the prohibitions of § 922(g)(5)(A)."

...
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Re: DACA - Carrying Pistol in Vehicle

#11

Post by twomillenium » Mon Dec 03, 2018 11:16 am

Redranger wrote:
Mon Dec 03, 2018 5:41 am
rotor wrote:
Mon Nov 26, 2018 4:46 pm
Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?

Can you post it or give me a link plz.


Federal Laws also say a felon can't own a gun, but in Texas they can after 5 years.
That would not be for ownership but for home protection and not vehicle. That does not override the federal laws and it is only certain felonies and by permission. (at least that is how it used to be) It is still illegal to knowingly sell a felon a firearm ------ even in Texas.
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Re: DACA - Carrying Pistol in Vehicle

#12

Post by 03Lightningrocks » Mon Dec 03, 2018 11:59 am

DocV wrote:
Mon Dec 03, 2018 9:33 am
https://reason.com/volokh/2018/06/28/dr ... -own-a-gun
Kevin Ugurit Fierro-Morales is being prosecuted for possessing a short-barreled shotgun, and for possessing a firearm while "being an alien" "illegally or unlawfully in the United States" (in violation of 18 U.S.C. § 922(g)(5)(A)). But when he was arrested, he was covered by the Defered Action for Childhood Arrivals program—should that lead him to be treated as lawfully present, and as entitled to Second Amendment rights? (Set aside the separate charge short-barreled shotgun charge for now.)

No and no, a federal district court in San Diego held Tuesday. First, DACA made clear that President Obama's action didn't itself confer legal status: "[T]he provisions of DACA promising to defer removal and to authorize work did not confer lawful immigration status or create ambiguity as to the prohibitions of § 922(g)(5)(A)."

...
It would be just like the leftist court of Kalifornia to be anti gun for American citizens to support an illegal alien being able to own a gun.


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Re: DACA - Carrying Pistol in Vehicle

#13

Post by rotor » Mon Dec 03, 2018 12:20 pm

Redranger wrote:
Mon Dec 03, 2018 5:41 am
rotor wrote:
Mon Nov 26, 2018 4:46 pm
Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?

Can you post it or give me a link plz.


Federal Laws also say a felon can't own a gun, but in Texas they can after 5 years.
https://www.atf.gov/firearms/identify-p ... ed-persons

Identify Prohibited Persons

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

who is a fugitive from justice;

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
who has been adjudicated as a mental defective or has been committed to any mental institution;

who is an illegal alien;

who has been discharged from the Armed Forces under dishonorable conditions;
who has renounced his or her United States citizenship;

who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence.

The GCA at 18 U.S.C. § 992(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.

Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.


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Re: DACA - Carrying Pistol in Vehicle

#14

Post by Redranger » Wed Dec 05, 2018 6:17 am

03Lightningrocks wrote:
Mon Dec 03, 2018 6:16 am
Redranger wrote:
Mon Dec 03, 2018 5:41 am
rotor wrote:
Mon Nov 26, 2018 4:46 pm
Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?

Can you post it or give me a link plz.


Federal Laws also say a felon can't own a gun, but in Texas they can after 5 years.
If it were me, I would check with an attorney before risking it. If you are stopped with a gun in your car and the officer has a different opinion than some member of an internet forum, you will be taking a ride. If convicted on a firearms charge, you can kiss your citizenship chances goodbye. That is a lot to risk so you can carry a gun in your car.
I am US Born Texan, I am asking for a friend whom is DACA


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Re: DACA - Carrying Pistol in Vehicle

#15

Post by Redranger » Wed Dec 05, 2018 6:19 am

rotor wrote:
Mon Dec 03, 2018 12:20 pm
Redranger wrote:
Mon Dec 03, 2018 5:41 am
rotor wrote:
Mon Nov 26, 2018 4:46 pm
Federal law prohibits DACA from owning, purchasing, selling firearms and ammo.

Can it be more clear than that?

Can you post it or give me a link plz.


Federal Laws also say a felon can't own a gun, but in Texas they can after 5 years.
https://www.atf.gov/firearms/identify-p ... ed-persons

Identify Prohibited Persons

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

who is a fugitive from justice;

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
who has been adjudicated as a mental defective or has been committed to any mental institution;

who is an illegal alien;

who has been discharged from the Armed Forces under dishonorable conditions;
who has renounced his or her United States citizenship;

who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence.

The GCA at 18 U.S.C. § 992(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.

Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.
Thanks for posting that

But since they are DACA they are not considered Illegal by Executive Order, and as I have stated a few times they are eligible for a Texas Driver Licenses or State ID (Which an illegal alien can not get) and they can get a valid Social Security number and card, Another thing a illegal alien or most legal visa receipents can not get.

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