Tuesday, April 2, 2013

SAF Files Suit In Nebraska ... Again

The Second Amendment Foundation has filed suit against Nebraska officials over the statutory prohibition against carry permits for permanent legal resident aliens. In 2011, the Second Amendment Foundation filed suit against the City of Omaha in Gonzalez v. Omaha over a city ordinance which prohibited permanent legal aliens from being able to register a handgun. In that case, the City of Omaha settled, changed their ordinance, and sent a check to SAF for legal fees.

Substantial case law exists regarding the civil rights of permanent legal aliens. They are a suspect class and any different treatment for them is held to strict scrutiny. Illegal aliens, non-resident aliens, and others such as those on student or tourist visas are not considered part of a suspect class. There have been cases in Kentucky and South Dakota involving concealed carry for legal aliens and the courts have always found in their favor. I expect it will be no different here.

From the Second Amendment Foundation:

For Immediate Release: 4/1/2013

BELLEVUE, WA – The Second Amendment Foundation today filed a motion for injunctive relief against Nebraska officials over a statutory prohibition that prevents non-citizens legally residing in the state from obtaining a concealed carry permit.

SAF filed the lawsuit on behalf of 68-year-old Carlos Nino De Rivera Lajous, a Mexican citizen who has been legally residing in Lincoln since 1990. SAF is joined in the action by the Nebraska Firearms Owners Association. Defendants in the lawsuit are Nebraska Attorney General Jon Bruning and David Sankey, superintendent of the Nebraska State Patrol, both in their official capacities.

“Mr. Lajous received a permanent resident visa in 1991, and he has earned three associated degrees from Central Community College in Hastings,” noted SAF Executive Vice President Alan Gottlieb. “He has certainly established himself as a productive member of his community over the past 22 years.

“Ironically,” Gottlieb continued, “Mr. Lajous is allowed to carry a firearm openly in Nebraska, except for certain locations where doing so is not allowed under state law. He is prohibited from obtaining a concealed carry permit by state statute, thus making open carry his only option for personal protection, and as a result, he is the victim of what might be called a ‘Catch 22’ in state law.

“There is no rationale for a system in which someone can legally carry openly for self-defense, but yet that person cannot obtain a concealed pistol permit because of nationality,” he said. “SAF has challenged similar problems in Washington, New Mexico and Iowa where non-citizen legal residents faced troublesome local gun laws, and when Mr. Lajous’ Nebraska problem came to our attention, we acted.”

The case was filed in U.S. District Court for the District of Nebraska. Plaintiffs are represented by attorneys David G. Sigale of Glen Ellyn, Ill., and Bernie Glaser of Lincoln.
The complaint for the case of Lajous et al v. Bruning et al can be found here.

No comments:

Post a Comment