Fox News - 6 January 2011 - ACLU files lawsuit alleging South Dakota gun law is unconstitutional because it makes U.S. citizenship a requirement to carry a concealed weapon — while gun rights advocate says lawsuit is ploy to arm illegal immigrants.
ACLU Sues to Protect Immigrant's Gun Rights From Change in South Dakota Law
The ACLU of South Dakota filed the lawsuit this week on behalf of U.K. citizen Wayne Smith alleging the state's concealed weapons law is unconstitutional. Smith - who legally immigrated 30 years ago - was able to get a concealed license for years, but in 2002 South Dakota amended the law, making U.S. citizenship a requirement to carry a concealed weapon. When Smith went to renew his long-held permit last July, he was denied because he is permanent legal resident, not a citizen.
The ACLU says that's a blatant violation of the 14th Amendment which it says prevents states from being able to make such "arbitrary designations."
Is this a great country or what?
I never thought in a million years I'd be on the same side of a gun argument with the ACLU . . . all I can say is I've carried firearms on and off duty, legally and illegally, since I arrived on the shores of this great land - thirty years ago this February.
One of the things I was required to do was sign up for the Selective Service Registration, and I was informed that if they ever re-instated the draft, I would be eligible. The way it was explained to me is that if you're on U.S. soil, then the rights of the U.S. Constitution apply - to include the 2d Amendment. The Bill of Rights applies to everyone on U.S. soil - law-abiding citizens, aliens legal and illegal, even terrorists - (which is why they won't close Guantanamo by the way) - the only thing I couldn't do was vote.
Come to think of it, I wore the uniform of this country for three years and even deployed overseas before I earned my citizenship.