Anyone tried to go to a gun range in CA? - Page 2

The case also upheld the federal ban of possession by illegal aliens. Even IF you argue that we aren't illegal aliens, DACA doesn't exempt us from the federal ban against aliens possessing firearms.

Relevant sections of the US code;

http://www.law.cornell.edu/uscode/text/18/922

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that's all fine and good but what is possession defined as? What is bearing define as? the gun is yours, or possession is defined whenever you hold A gun no matter to whom it belongs or what?

Yes, you are in possession even if you're only borrowing it for a bit or renting it at a gun range. This is why you need to get a hunting license if you're here on a nonimmigrant visa - unfortunately for us we can't get hunting licenses and, even if we could, we are NOT on an nonimmigrant visa or otherwise eligible for exception.

I'm sorry, but I must advice against any usage of firearms. You might be able to get away with it, but expect harsh penalties if you're caught. I can imagine the news already; "Obama gives guns to illegal aliens."

hmmm make sense I personally have never fired a gun in the pass 4 years but now I don't think I do in case I get caught. Wouldn't those headlines but then again - illegal having guns isnt exactly new, Its really really old. Its almost the main thing anti immigration groups cling into. "illegal aliens are all criminals!" *sees hispanic gangs on the news all the time with guns"

Possession in legalese is defined as having control of the object, either by holding it, keeping it on your person, or keeping it in any place you have control over. Possession is a lower standard than 'ownership', which is defined as having purchased or gifted an object.

Think of it like drugs. It's illegal to possess controlled drugs without prescription. If a cop found a packet of crack cocaine in your pocket, it doesn't matter if it's not yours. The fact that you have it is enough for conviction, the court doesn't care that it's not yours and you're simply holding it for someone else.

alright, thanks for explanation

By the way, the EAD proves that you are here lawfully, so you're not 'illegal' within the duration of your DACA. However, you don't have a visa, so you better stay away from guns.

Technically you don't accrue unlawful presence under the age of 18 either. Nonetheless one is an illegal. Similarly we are still illegal; we're simply not present unlawfully. Immigration law; it's paradoxical like that.

I don't like the word 'illegal' because it doesn't exist in the law, so it's rather meaningless (not to mention derogatory) for the purpose of legal discussion.

There are three overlapping layers of immigration conditions:
1. Visa
2. Status
3. Lawful Presence

You can't be 'in status' unless you enter with a valid visa, but once you're in USA your status can exist independently from your visa. Lawful presence is another animal, it can exist independently of visa and status. If you are in status then you automatically have lawful presence, but you can have lawful presence without status.

People who apply for asylum often don't have a valid visa and are out of status (because the process can take years), but as long as their applications are still pending they have lawful presence. You can't call them 'illegals' because the government formally allows them to stay, just like DACA recipients.