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-   -   can DACA recipient legally own guns ? (http://dreamact.info/forum/showthread.php?t=84341)

JJ Glo 06-13-2020 10:01 AM

Re: can DACA recipient legally own guns ?
 
Quote:

Originally Posted by IamAman (Post 748003)
Can you DACA folk go to a shooting range and rent a gun?

Anyone can, just take someone with you, as shooting ranges won't let you rent a gun if you go on your own due to the concern that someone going alone might want to commit suicide.

DogJuiceMan 06-13-2020 12:00 PM

Re: can DACA recipient legally own guns ?
 
This is why I have a nuclear weapon in my basement for home defense. Looters can't get to you if they've been vaporized into their constituent atoms.


All jokes aside, I don't think they will let a DACA have a gun at a gun range. Pretty sure they shouldn't and its illegal.

JJ Glo 06-14-2020 08:19 PM

Re: can DACA recipient legally own guns ?
 
Quote:

Originally Posted by DogJuiceMan (Post 748172)


All jokes aside, I don't think they will let a DACA have a gun at a gun range. Pretty sure they shouldn't and its illegal.

Wrong. There aren't any requirements that would prevent someone with DACA from renting a gun at a range.

Pianoswithoutfaith 06-14-2020 08:25 PM

Re: can DACA recipient legally own guns ?
 
Big difference in OWING and USING a gun

DogJuiceMan 06-15-2020 01:51 AM

Re: can DACA recipient legally own guns ?
 
Quote:

Originally Posted by JJ Glo (Post 748204)
Wrong. There aren't any requirements that would prevent someone with DACA from renting a gun at a range.

Weird:

18 US code Section 922 says otherwise, but lets wait for demise to settle this question once and for all.

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1)..
(2)..
(3)..
(4)..

(5) who, being an alien— (A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));


Okay so lets see what the legal definition of dispose is, since things have specific legal meanings:
https://www.lawinsider.com/dictionary/dispose

Dispose. “Disposing” or “Disposition” means with respect to any asset (including a Membership Interest or any portion thereof), a sale, assignment, transfer, conveyance, gift, exchange or other disposition of such asset, whether such disposition be voluntary, involuntary or by operation of Applicable Law.

Tl;Dr if you're an Undoc stay away from guns or you risk your DACA. Republicans will have a field day with this:

"DACA illegal alien caught with gun at local gun range"


but you know what I'm just a software engineer, what do I know about laws...
So lets see what an actual lawyer says:
https://www.damfirm.com/gun-laws-immigrants/

"The Federal Gun Control Act of 1968 makes it a felony with a 10 year prison sentence for “illegal Aliens” to own or possess a gun. Unlike the other categories of persons prohibited from possessing guns, the law forbids ALL undocumented immigrants from owning or possessing guns, even those that have never committed any of the listed crimes."

"But your honor I was just using it, it isn't owned by me" isn't an excuse that will save your hide.


"your honor these drugs aren't mine, I was just using them"

Pianoswithoutfaith 06-15-2020 04:55 AM

Re: can DACA recipient legally own guns ?
 
Dog man you’re an idiot


Dispose right there means either sell or give with the intention of transferring ownership of said assets to the other person.



If I lend you my car, am I disposing of it? No I am lending it. It’s my car the title is still under my name.


dispose means here to change title; to make the asset yours. The assets is now under your ownership.



It’s not illegal to shot a gun. It’s illegal for us to OWN a gun. Which this mean said, don’t have a gun. To hang out with people with guns. Don’t ride with people who might have a gun. Don’t borrow a car if you think there might be a gun. Because if the cops stop you and search your car. That gun is now yours. Their word again yours. I am sure USCIS or ice will take your side

Demise 06-15-2020 07:11 AM

Re: can DACA recipient legally own guns ?
 
Dog, disposal is generally permanent.

DogJuiceMan 06-15-2020 11:30 AM

Re: can DACA recipient legally own guns ?
 
Quote:

Originally Posted by Demise (Post 748216)
Dog, disposal is generally permanent.

It's the generally part that makes this so unclear.

I found that website where the lawyer says having the gun is a violation of the law as well without saying anything about for how long or how permanent.

https://definitions.uslegal.com/d/dispose-of/
Dispose of is defined as to transfer or give away, as by gift or sale. Bus. Edge Group, Inc. v. Champion Mortg. Co., 519 F.3d 150, 154 (3d Cir. N.J. 2008)


https://www.lawinsider.com/dictionary/a-disposal
a Disposal means a disposal (interpreted according to the meaning of “dispose” in section 205(1) of the Law of Property Act 1925) (other than by way of Exempt Disposal) of the Property or any part by sale lease charge or otherwise whether by means of a single transaction or by a number of separate transactions whether or not at the same time, or the exchange of a contract to make a disposal, and whether or not for valuable consideration

What we need is a language for law that is as specific as possible in order to kill off ambiguities. Otherwise forum creeps like pianos are emboldened to bark off nonsense.

Pianoswithoutfaith 06-15-2020 03:57 PM

Re: can DACA recipient legally own guns ?
 
It’s clear as daylight. It’s right there lmao

Poor dog man can’t even understand simple law terms with out going over his head.

Demise 06-15-2020 04:34 PM

Re: can DACA recipient legally own guns ?
 
Quote:

Originally Posted by DogJuiceMan (Post 748230)
It's the generally part that makes this so unclear.

I found that website where the lawyer says having the gun is a violation of the law as well without saying anything about for how long or how permanent.

https://definitions.uslegal.com/d/dispose-of/
Dispose of is defined as to transfer or give away, as by gift or sale. Bus. Edge Group, Inc. v. Champion Mortg. Co., 519 F.3d 150, 154 (3d Cir. N.J. 2008)


https://www.lawinsider.com/dictionary/a-disposal
a Disposal means a disposal (interpreted according to the meaning of “dispose” in section 205(1) of the Law of Property Act 1925) (other than by way of Exempt Disposal) of the Property or any part by sale lease charge or otherwise whether by means of a single transaction or by a number of separate transactions whether or not at the same time, or the exchange of a contract to make a disposal, and whether or not for valuable consideration

What we need is a language for law that is as specific as possible in order to kill off ambiguities. Otherwise forum creeps like pianos are emboldened to bark off nonsense.

You've got the answer right there. It means permanently transfer to another party via any means (sale, gift, barter, settlement, inheritance, etc).


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