Can Daca Own Guns?
The Deferred Action for Childhood Arrivals (DACA) program, established in 2012 by the Obama administration, has been a topic of controversy and debate in the United States. One of the most pressing questions surrounding the program is whether DACA recipients, also known as "Dreamers," are legally allowed to own guns. In this article, we will delve into the answer to this question and explore the complexities surrounding gun ownership and immigration status.
What is DACA?
Before we dive into the question of gun ownership, it’s essential to understand what DACA is and how it works. DACA is a program that allows certain individuals who were brought to the United States as children, often referred to as "undocumented immigrants," to temporarily stay in the country and work legally. To be eligible for DACA, individuals must have:
• Entered the United States before the age of 16
• Been physically present in the United States on June 15, 2012
• Been continuously resident in the United States since June 15, 2007
• Been under the age of 31 as of June 15, 2012
• Currently be in school, graduated from high school, have a general education development (GED) certificate, or be an honorably discharged veteran of the U.S. Armed Forces
Once approved for DACA, individuals are granted a work permit and are protected from deportation for a period of two years. However, DACA does not provide a pathway to citizenship or permanent residency.
Can DACA Recipients Own Guns?
The short answer to this question is that it is complicated. While DACA recipients are not automatically prohibited from owning guns, there are certain restrictions and considerations that must be taken into account.
Federal Law
The Gun Control Act of 1968 prohibits the transfer or possession of firearms by individuals who are "illegally or unlawfully in the United States." This provision is commonly interpreted to apply to undocumented immigrants, including DACA recipients. However, this provision does not explicitly state that DACA recipients are prohibited from owning guns.
State Laws
State laws regarding gun ownership and concealed carry permits vary widely, and some states have laws that specifically prohibit or restrict gun ownership for individuals who are not U.S. citizens or are not lawfully present in the United States. For example, California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, New York, and Oregon have laws that prohibit or restrict gun ownership for undocumented immigrants, including DACA recipients. However, other states may have more lenient laws or no restrictions at all.
FBI Background Checks
When applying for a gun permit or background check, DACA recipients are required to disclose their immigration status. The FBI’s National Instant Criminal Background Check System (NICS) is designed to identify individuals who are prohibited from owning firearms, including those who are illegally or unlawfully in the United States. However, NICS does not explicitly categorize DACA recipients as prohibited persons, and the FBI has not provided clear guidance on how to handle such cases.
Conclusion
In conclusion, while DACA recipients are not automatically prohibited from owning guns, there are significant legal and regulatory hurdles that must be considered. DACA recipients who wish to own guns must carefully review federal and state laws, as well as the specific requirements of their state of residence. Furthermore, even if DACA recipients are able to navigate these complexities, they may still face challenges and stigma associated with owning guns.
Table: Summary of Key Points
| Issue | Federal Law | State Laws | FBI Background Checks |
|---|---|---|---|
| Gun ownership | Prohibits transfer or possession of firearms by individuals who are "illegally or unlawfully in the United States" | Varies by state, some prohibit or restrict gun ownership for undocumented immigrants | Requires disclosure of immigration status, but NICS does not explicitly categorize DACA recipients as prohibited persons |
Recommendations
For DACA recipients who wish to own guns, we recommend the following:
• Consult with a qualified attorney to understand the specific laws and regulations applicable to your situation
• Research state and local laws regarding gun ownership and concealed carry permits
• Carefully review the FBI’s NICS guidelines to understand how your immigration status may impact your ability to own guns
• Be prepared to provide documentation of your immigration status and any relevant legal documentation
Ultimately, while the question of whether DACA recipients can own guns is complex and contentious, it is essential for DACA recipients to understand their rights and responsibilities under federal and state law. By consulting with qualified legal professionals and carefully reviewing relevant laws and regulations, DACA recipients can make informed decisions about gun ownership and ensure their rights are protected.
