Can a DACA Recipient Buy a Gun?
The Deferred Action for Childhood Arrivals (DACA) program, implemented in 2012, allows certain individuals who entered the United States as minors to receive a renewable two-year period of deferred action from deportation and a corresponding employment authorization document (EAD). While DACA recipients, also known as "Dreamers," have been able to work and live in the United States with temporary legal status, they may still face challenges in exercising certain rights, including the right to bear arms.
Can DACA Recipients Buy Guns?
In short, yes, DACA recipients can buy guns, but with certain restrictions. According to the National Rifle Association (NRA), DACA recipients who are lawfully present in the United States, have been deemed eligible for employment, and have obtained an EAD are eligible to purchase firearms. However, the process is more complex and requires additional documentation.
Legal Requirements
To purchase a gun, DACA recipients must meet the following legal requirements:
- Be 21 years or older (18 years or older in some states)
- Pass a background check
- Have a valid government-issued ID (such as an EAD)
- Comply with state-specific requirements
Background Check Process
The background check process for DACA recipients is more rigorous than for U.S. citizens. The National Instant Criminal Background Check System (NICS) checks the following:
- Name and date of birth
- Social Security number (SSN)
- Aliens admitted for temporary or permanent residence
- Expiration date of EAD
Additional Documentation Required
DACA recipients may need to provide additional documentation to prove their eligibility, including:
- A copy of their EAD
- A copy of their valid government-issued ID (such as a state driver’s license or ID card)
- Proof of Social Security number (if not already provided)
State-Specific Requirements
Some states have additional requirements for gun purchases, which may affect DACA recipients. For example:
- California: Requires a background check through the California Department of Justice (DOJ) in addition to the federal background check.
- New York: Requires a background check through the New York State Police (NYSP) in addition to the federal background check.
- Illinois: Requires a background check through the Illinois State Police (ISP) in addition to the federal background check.
Challenges and Concerns
While DACA recipients can buy guns, there are still challenges and concerns to consider:
- Permanence of status: DACA recipients’ legal status is temporary and subject to change. If their status is revoked or expires, they may no longer be eligible to purchase firearms.
- Travel restrictions: DACA recipients may face travel restrictions, which could affect their ability to participate in gun-related activities, such as hunting or shooting competitions.
- Psychological impact: The stigma and uncertainty surrounding DACA status can have a negative psychological impact on recipients, which may affect their ability to participate in gun ownership or use.
Conclusion
In conclusion, while DACA recipients can buy guns, the process is more complex and requires additional documentation. It is essential for DACA recipients to understand the legal requirements, background check process, and state-specific regulations to ensure they are eligible to purchase firearms. As the debate surrounding gun control and immigration reform continues, it is crucial to acknowledge the challenges and concerns faced by DACA recipients and to work towards creating a more inclusive and equitable society.
Table: Summary of Requirements
| Requirement | Description |
|---|---|
| Age | 21 years or older (18 years or older in some states) |
| Background Check | Pass a background check through NICS |
| Government-issued ID | Valid government-issued ID (such as EAD) |
| Social Security Number | Valid Social Security number (SSN) |
| Additional Documentation | Copy of EAD, valid government-issued ID, and proof of SSN (if not already provided) |
Bullets: State-Specific Requirements
• California: requires a background check through the California DOJ in addition to the federal background check
• New York: requires a background check through the NYSP in addition to the federal background check
• Illinois: requires a background check through the ISP in addition to the federal background check
