SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens

SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens

This is a discussion on SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; BELLEVUE, WA – The Second Amendment Foundation has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder, ...

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Thread: SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens

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    Senior Member Array mrreynolds's Avatar
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    Exclamation SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens

    BELLEVUE, WA – The Second Amendment Foundation has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder, seeking an injunction against enforcement of a federal law that makes it impossible for American citizens who reside outside the United States to purchase firearms while they are in this country.

    SAF is joined by two natural-born citizens, Maxwell Hodgkins and Stephen Dearth, who have been denied the opportunity to buy firearms because they do not currently reside in the United States. Hodgkins currently lives in the United Kingdom, and Dearth is a resident of Canada.

    The lawsuit alleges that Holder, as attorney general, is enforcing unconstitutional laws that prevent citizens like Hodgkins and Dearth from exercising their Second Amendment rights. The complaint also asserts that enforcement of the federal gun laws that prevent such citizens from purchasing firearms when they visit the U.S. violates their right of equal protection under the Fifth Amendment. The plaintiffs are represented by Virginia attorney Alan Gura, who successfully argued the Heller case before the U.S. Supreme Court.

    “This is what happens when anti-gunners rush to pass a restrictive gun law that ignores the constitutional rights of law-abiding American citizens who happen to be living abroad,” said SAF founder Alan Gottlieb. “Honest Americans who live in other countries for a variety of reasons should not be denied their Second or Fifth Amendment rights when they return to American soil. Hodgkins and Dearth, and many others just like them, are victims of anti-gun rights zeal.

    “Such citizens have every right to obtain and own firearms for a variety of reasons, whether to hunt, or for personal protection, target shooting or competition,” he continued. “Hodgkins, Dearth and other non-resident citizens want to keep their firearms here for use when the come home. However, current federal law makes it impossible for them to exercise their rights like any other citizen. It is fundamentally wrong to penalize American citizens for living overseas.”

    Second Amendment Foundation


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    Member Array jplate3's Avatar
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    Quote Originally Posted by mrreynolds View Post
    BELLEVUE, WA – The Second Amendment Foundation has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder, seeking an injunction against enforcement of a federal law that makes it impossible for American citizens who reside outside the United States to purchase firearms while they are in this country.

    SAF is joined by two natural-born citizens, Maxwell Hodgkins and Stephen Dearth, who have been denied the opportunity to buy firearms because they do not currently reside in the United States. Hodgkins currently lives in the United Kingdom, and Dearth is a resident of Canada.

    The lawsuit alleges that Holder, as attorney general, is enforcing unconstitutional laws that prevent citizens like Hodgkins and Dearth from exercising their Second Amendment rights. The complaint also asserts that enforcement of the federal gun laws that prevent such citizens from purchasing firearms when they visit the U.S. violates their right of equal protection under the Fifth Amendment. The plaintiffs are represented by Virginia attorney Alan Gura, who successfully argued the Heller case before the U.S. Supreme Court.

    “This is what happens when anti-gunners rush to pass a restrictive gun law that ignores the constitutional rights of law-abiding American citizens who happen to be living abroad,” said SAF founder Alan Gottlieb. “Honest Americans who live in other countries for a variety of reasons should not be denied their Second or Fifth Amendment rights when they return to American soil. Hodgkins and Dearth, and many others just like them, are victims of anti-gun rights zeal.

    “Such citizens have every right to obtain and own firearms for a variety of reasons, whether to hunt, or for personal protection, target shooting or competition,” he continued. “Hodgkins, Dearth and other non-resident citizens want to keep their firearms here for use when the come home. However, current federal law makes it impossible for them to exercise their rights like any other citizen. It is fundamentally wrong to penalize American citizens for living overseas.”

    Second Amendment Foundation
    Very interesting. And, btw, your link to the SAF actually goes to Southern Aluminum Finishing Company. saf.org is the address of the Second Amendment Foundation.

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    Distinguished Member Array kazzaerexys's Avatar
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    Now, it seems to me that if this flies, the very notion of being required to use an in-state FFL to buy handguns becomes fair game---after all, if you don't have a 'home state' whose FFLs you can use, you are effectively barred from exercising your 2A rights. In the case of DC, they hurriedly patched Federal law to say DC citizens (post Heller) could buy from MD and VA FFLs, but there is no such easy 'neighboring state' approach for people like the plaintiffs here.

    Interesting. Very, very interesting...
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    Senior Member Array PaulJ's Avatar
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    very interesting indeed. Could result in an overhaul of the FFL system. Currently, if you live outside of he US and would like to vote in federal elections, the last state you resided in is the one that "counts".
    I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. (Thomas Jefferson)

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    VIP Member Array Kerbouchard's Avatar
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    Looks like Alan Gura is on a roll...I wish him luck.
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    Senior Member Array mrreynolds's Avatar
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    Sorry about the SAF link

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    Quite interesting I have never liked the "state of residence" restriction for purchasing, and hope it goes away. However, this particular set of circumstances which is being litigated is quite narrow. A court could easily decide that their last state of residence is where they can purchase, or they can choose to live somewhere for 30 days, establish residence, and proceed, and that this is not too burdensome.

    I think there are many more people situated so they don't have "residence" than ex-pats. We have talked about the rv population here before.

    Still, real interesting and I hope (but doubt) that the plaintiff will prevail.

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    Member Array socal2310's Avatar
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    Hopefully Holder remains as intractable and irrational as the D.C. city council was with Heller (they could have made the case go away by quietly granting an exemption which would have removed his standing before the court).

    Thankfully, sometimes the antis screw up quite as spectacularly as pro-gun criminals (Miller etc.).

    Ryan
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