Can a DACA Recipient Own a Gun?
The Deferred Action for Childhood Arrivals (DACA) program, introduced in 2012, allows certain undocumented immigrants who entered the United States as minors to temporarily stay in the country and work legally. However, there has been a lot of confusion and debate about whether DACA recipients can own firearms. In this article, we will explore the current laws and regulations surrounding gun ownership for DACA recipients.
Federal Law
According to federal law, individuals who are not U.S. citizens or lawful permanent residents are generally prohibited from owning firearms. The Gun Control Act of 1968 (GCA) and the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 (NICS) require background checks for all firearms purchases, and individuals who are not U.S. citizens or lawful permanent residents are prohibited from passing these checks.
DACA Status and Gun Ownership
DACA recipients are not considered lawful permanent residents, as their status is temporary and renewable. Therefore, under federal law, they are prohibited from owning firearms. The DACA program does not grant legal permanent residency or citizenship, and recipients are not eligible to purchase or own firearms.
State Laws
However, some states have laws that may allow DACA recipients to own firearms under certain circumstances. For example:
- California: In 2019, California passed a law allowing certain undocumented immigrants, including DACA recipients, to own firearms if they have a valid California driver’s license or identification card and have not been convicted of a felony or domestic violence.
- New York: New York has a similar law that allows undocumented immigrants, including DACA recipients, to own firearms if they have a valid New York driver’s license or identification card and have not been convicted of a felony or domestic violence.
Important Notes
- Background Checks: Even if a state allows DACA recipients to own firearms, they will still be required to undergo a background check through the NICS system.
- Renewal and Expiration: DACA recipients’ gun ownership rights may be affected if their DACA status is renewed or expires. If their status is not renewed or expires, they may be prohibited from owning firearms under federal law.
- State-Specific Requirements: Each state’s laws and regulations regarding gun ownership for DACA recipients may vary, so it’s essential to check with the relevant authorities in your state for specific requirements.
Consequences of Illegal Gun Ownership
It’s important to note that if a DACA recipient is found to be in possession of a firearm illegally, they may face severe consequences, including:
- Criminal Charges: Possession of a firearm by an undocumented immigrant can lead to criminal charges, including felony charges.
- Deportation: DACA recipients who are found to be in possession of a firearm illegally may be deported from the United States.
- Loss of DACA Status: Illegal gun ownership can also lead to the revocation of a DACA recipient’s status, making them eligible for deportation.
Conclusion
In conclusion, while DACA recipients are not eligible to own firearms under federal law, some states have laws that may allow them to own firearms under certain circumstances. However, it’s essential to note that background checks are still required, and DACA recipients’ gun ownership rights may be affected if their status is not renewed or expires. Additionally, illegal gun ownership can have severe consequences, including criminal charges, deportation, and loss of DACA status.
