can DACA recipient legally own guns ?
 

can DACA recipient legally own guns ? I live in PA, couldn't find much information. I appreciate in advance.

Re: can DACA recipient legally own guns ?
 

ONLY Citizens can own guns. Its a constitutional right for CITIZENS only.

Given your question you either live under a rock or you are a minor.

Re: can DACA recipient legally own guns ?
 

chill man.

Re: can DACA recipient legally own guns ?
 

actually I know there are international students own guns, he got the hunting license.

Re: can DACA recipient legally own guns ?
 

Permanent Reisdents can own guns as well.

To answer OP's question, No, you can't own a gun with DACA.

Re: can DACA recipient legally own guns ?
 

Not true, LPRs can own guns, people on non-immigrant visas also can but they basically need a hunting or sporting license to do so, dunno about TPS holders but I'd lean towards yes because TPS is a non-immigrant status.

The relevant law here is the National Firearms Act, which does unfortunately list us as "prohibited persons", so we're basically lumped together with convicted felons and the dishonorably discharged.

I'd love to see a 2A case brought by a DACA recipient since we're not exactly illegal immigrants but I'm sure all the chicken hawks will screech at me for even daring to think out loud here.

Re: can DACA recipient legally own guns ?
 

I figure that any attempt to poke at the 2nd amendment will likely paint us as thugs who snuck over and now want guns.

I can already see the headline:
"DACA ILLEGALS WANT GUNS"

Re: can DACA recipient legally own guns ?
 

You can own a BB gun.

Re: can DACA recipient legally own guns ?
 

Or a flamethrower.

Re: can DACA recipient legally own guns ?
 

Can you DACA folk go to a shooting range and rent a gun?

Re: can DACA recipient legally own guns ?
 

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.

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.

Re: can DACA recipient legally own guns ?
 

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

Re: can DACA recipient legally own guns ?
 

Big difference in OWING and USING a gun

Re: can DACA recipient legally own guns ?
 

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"

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

Re: can DACA recipient legally own guns ?
 

Dog, disposal is generally permanent.

Re: can DACA recipient legally own guns ?
 

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.

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.

Re: can DACA recipient legally own guns ?
 

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

Re: can DACA recipient legally own guns ?
 

I did not find anything that said a permanent sale. Could a rental be seen as a sort of sale? You do trade money for it.

Sad. Pianos quit trolling.

Re: can DACA recipient legally own guns ?
 

Demise you need to stop wasting your time with this idiot, the answer is right there in front of his face and he still refuses to admit it

Re: can DACA recipient legally own guns ?
 

No but it ain’t a crime unless they catch you. We all die one day

Re: can DACA recipient legally own guns ?
 

Why would you need a gun unless you live somewhere in the woods or middle of nowhere?

Re: can DACA recipient legally own guns ?
 

Because they're fun

Re: can DACA recipient legally own guns ?
 

I'm just gonna put you on my ignore list. I think its time to put the muzzle on this barking-fool.

See ya when you reply yet another salty post. Or not LOL.

Re: can DACA recipient legally own guns ?
 

Ever consider putting yourself on your own ignore list?

Re: can DACA recipient legally own guns ?
 

I've considered putting you there, but your salty posts are just too delicious to give up.



LOL.

Re: can DACA recipient legally own guns ?
 

According to the law information you posted, Dispose by all lawful purposes, is to TRANSFER OWNERSHIP of an assets to SOMEONE ELSE no matter what, either you gifted them, sold or gave it to them for free

Re: can DACA recipient legally own guns ?
 

Can we own a crossbow though?

Re: can DACA recipient legally own guns ?
 

Yeah.

Re: can DACA recipient legally own guns ?
 

When it comes to firearms, the ATF has the rules listed:

https://www.atf.gov/firearms/identif...ibited-persons

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
- who is an illegal alien;

There is no gray area here.
You can’t ship it.
You can’t transport it.
You can’t receive it.
You can’t possess it.

The word ‘possess’ in law means direct occupancy, use, or control. It doesn’t simply mean to own.
As far as I can tell, even touching a firearm can put you in legal trouble.

Now, according to federal law muzzle loader rifles and pistols are not considered ‘firearms’. However, some states have their own laws about it. Check your state law.

Re: can DACA recipient legally own guns ?
 

I would stay away from any type of gun and crossbow, not worth the trouble. As stated before technically just holding or touching it can get you in trouble. Even knifes are an issue in some states.

Here in NY I can own a bow, but I can't have a laser on it haha.

Re: can DACA recipient legally own guns ?
 

NY gun laws is one of three reasons why I'm thinking of moving to Seattle if Amazon hires me. Like yeah, I'm still under DACA but fingers crossed my I-360 will finally get fucking approved.

Other two reasons are:
Cost of living (Seattle is expensive but less so than NYC)
No state/local income tax (I don't really want to pay NY and NYC ~8.5% of my income for the privilege of living there, I'd rather spend that money on me)

Re: can DACA recipient legally own guns ?
 

Or move to Oregon

Re: can DACA recipient legally own guns ?
 

My choices are basically Seattle, NYC, or Vancouver. Not big on immigrating to Canada right now.