Can DACA Recipients Own a Gun in California?
The Deferred Action for Childhood Arrivals (DACA) program, implemented in 2012, has provided temporary relief to young undocumented immigrants who were brought to the United States as children. While DACA recipients, also known as Dreamers, have been granted protection from deportation and the ability to work legally, there are still many uncertainties surrounding their rights and privileges. One of the most pressing questions is whether DACA recipients can own a gun in California.
The Short Answer:
No, DACA recipients are not eligible to own a gun in California. Under California law, a person must be a U.S. citizen or a lawful permanent resident to purchase, own, or possess a firearm. DACA recipients, who are not U.S. citizens or lawful permanent residents, do not meet this requirement.
Why Can’t DACA Recipients Own a Gun in California?
There are several reasons why DACA recipients are not eligible to own a gun in California:
- Federal Law: The Gun Control Act of 1968 and the Firearm Owners Protection Act of 1986 prohibit the sale or transfer of firearms to non-U.S. citizens, including DACA recipients.
- California Law: California law requires that all firearms dealers and owners be U.S. citizens or lawful permanent residents. DACA recipients do not meet this requirement.
- Background Checks: California law requires that all firearms purchases undergo a background check through the California Department of Justice (DOJ). DACA recipients, who are not U.S. citizens or lawful permanent residents, would not be eligible for a background check.
But What About the Second Amendment?
The Second Amendment to the U.S. Constitution guarantees the right to keep and bear arms, but it does not specifically address the issue of non-citizens owning firearms. The Supreme Court has ruled that the Second Amendment applies to U.S. citizens, but it has not explicitly addressed the issue of non-citizens owning firearms.
What About Other Immigrant Groups?
While DACA recipients are not eligible to own a gun in California, other immigrant groups may be eligible. For example:
- Legal Permanent Residents: Legal permanent residents, also known as green card holders, are eligible to own a gun in California.
- Asylees: Asylees, who have been granted asylum in the United States, are eligible to own a gun in California.
- Refugees: Refugees, who have been resettled in the United States, are eligible to own a gun in California.
Table: Eligibility to Own a Gun in California
| Group | Eligibility |
|---|---|
| DACA Recipients | No |
| Legal Permanent Residents | Yes |
| Asylees | Yes |
| Refugees | Yes |
| U.S. Citizens | Yes |
Conclusion:
While DACA recipients are not eligible to own a gun in California, there are many other immigrant groups that may be eligible. It is important to note that California law is strict when it comes to firearms ownership, and all individuals must meet specific requirements to purchase, own, or possess a firearm. For DACA recipients, it is important to focus on other legal and economic opportunities, such as education and employment, rather than attempting to own a gun in California.
Additional Resources:
- California Department of Justice (DOJ): Firearms Division
- California State Legislature: Gun Laws
- National Rifle Association (NRA): Immigration and Gun Rights
- American Civil Liberties Union (ACLU): Gun Rights and Immigration
