Can DACA Recipients Own a Gun?
The Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012 by the Obama administration to provide a pathway to work authorization and deportation relief for certain young immigrants who entered the United States as minors. With the program’s uncertain future, many DACA recipients have been left wondering about their gun ownership rights. Can they own a gun, or are they subject to the same federal and state restrictions as non-citizens?
Federal Law: The Key to Understanding Gun Ownership Rights
To understand whether DACA recipients can own a gun, we must examine federal law. The Second Amendment to the United States Constitution guarantees the right to keep and bear arms to all citizens. However, federal law also restricts the sale and ownership of firearms to certain individuals, including non-citizens.
18 U.S.C. § 922(g)(5): A Key Statute
Under 18 U.S.C. § 922(g)(5), it is illegal for any person who is not a citizen of the United States to knowingly possess or receive a firearm. This statute specifically excludes non-citizens, including those who have been granted temporary or permanent relief from deportation, such as DACA recipients.
What Does This Mean for DACA Recipients?
According to federal law, DACA recipients are not citizens and are therefore subject to the same restrictions as non-citizens. This means that they are not allowed to possess or receive a firearm, including rifles, shotguns, handguns, and other types of firearms.
State Law Variations
While federal law provides a clear answer to the question of gun ownership for DACA recipients, state laws may vary. Some states have their own gun laws and regulations, which may be more restrictive or less restrictive than federal law.
Table: State-by-State Gun Laws and DACA Recipients
| State | Gun Laws | DACA Recipients |
|---|---|---|
| California | Must be 21 to purchase, strict background checks | Not allowed to possess or receive a firearm |
| Texas | Must be 18 to purchase, concealed carry allowed | Not allowed to possess or receive a firearm |
| Florida | Must be 21 to purchase, concealed carry allowed | Not allowed to possess or receive a firearm |
| New York | Must be 21 to purchase, strict background checks | Not allowed to possess or receive a firearm |
As the table above shows, some states have more restrictive gun laws than others, but all states subject non-citizens, including DACA recipients, to the same restrictions as federal law.
Consequences of Violating Gun Laws
It is important to note that violating federal or state gun laws can result in serious consequences, including:
• Criminal charges: Possessing a firearm without proper authority or documentation can lead to criminal charges, including misdemeanor and felony charges.
• Deportation: Failure to comply with gun laws can also lead to deportation proceedings, as DACA recipients are considered non-citizens.
• Loss of DACA benefits: In some cases, violating gun laws can result in the revocation of DACA benefits, which can have significant consequences for the individual’s work and education opportunities.
Conclusion
In conclusion, under federal law, DACA recipients are not allowed to possess or receive a firearm, and are subject to the same restrictions as non-citizens. While state laws may vary, all states subject non-citizens to the same restrictions as federal law. It is important for DACA recipients to understand the laws and regulations governing gun ownership and to seek legal advice if they have any questions or concerns.
