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Concealed Carry

SAF Wins Permanent Injunction Against New Mexico’s Citizen-Only CCW Law

Second Amendment Foundation

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The chief U.S. District Court judge in New Mexico granted a permanent injunction yesterday against the State of New Mexico’s “citizens only” concealed carry law that unfairly discriminated against permanent legal resident aliens in a case brought by the Second Amendment Foundation.

Chief Judge M. Christina Armijo issued an order yesterday that says the New Mexico statute “violates the Equal Protection Clause” of the Constitution’s Fourteenth Amendment.

“This is a victory not only for our plaintiff, John W. Jackson, but for all permanent legal resident aliens who are otherwise qualified to obtain a concealed handgun license,” said SAF founder and Executive Vice President Alan M. Gottlieb.

Jackson is an Australian citizen, but resides in Rio Rancho, N.M.

“One of the more significant notations in the ruling,” Gottlieb said, “is that the court found New Mexico’s statute discriminates on the basis of alienage, and as a result, was subject to strict scrutiny.”

The ruling does not declare the state’s concealed carry law unconstitutional, but it does conclude that the remedy for violating the equal protection clause is to sever the citizenship provision from the statute. This can be done, the judge said, “without impairing the remainder” of the state’s concealed carry law, which still requires an applicant to meet all of the state’s remaining requirements.

“This is one more example of how SAF is winning firearms rights one lawsuit at a time,” Gottlieb said. “Mr. Jackson has demonstrated that he is a productive member of the community and certainly did not give up any right to personal protection by moving from his country to our country.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

  • 7 User comments to “SAF Wins Permanent Injunction Against New Mexico’s Citizen-Only CCW Law”

    1. Sorry but I disagree with this ruling. Non US citizens, whether legal or illegal demand the some rights that citizens have is simply WRONG. If you what the same right become a legal citizen. I strongly hope this is overturned.

    2. sage419 on April 3, 2014 at 1:24 AM said:

      So how about applying this ruling to ccw regs to require all states to issue permits to US residents or recognize all state permits nationally. Why is a US citizen discriminated against in favor of foreign nationals?

    3. Danny Griffin on April 3, 2014 at 8:53 AM said:

      This is a good ruling. All people here legally should be allowed to carry a firearm for self-defense.

    4. I live in nj so no legal ccw is possible. But if it were my mother in law and father in law are not citizens so they would not be able to carry under this law.

    5. MontieR on April 3, 2014 at 1:02 PM said:

      What the hell is wrong with these people. If you are not an American citizen you do NOT have the same rights as a citizen.

    6. Ammoland on April 3, 2014 at 1:21 PM said:

      @Montie, you are confusing illegal aliens with permanent legal residents, the later has a valid green card is on their way to becoming a US Citizen and it entitled, by current law, to all rights, except the ability to vote. They also must be currently filing all need taxes and are consider a tax paying citizen.

    7. Daniel Paulson on April 3, 2014 at 6:20 PM said:

      Only American citizens should be allowed to own guns in America, period!
      If so called “permanent” residents want the rights of American citizens, let them become American citizens.
      …next? Illegal aliens will be allowed to own guns as they steal our jobs, as they finish turning America into a 4th world slum!

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