Can Daca Recipients Own a Gun in Texas?
The Deferred Action for Childhood Arrivals (DACA) program, created by the Obama administration in 2012, granted temporary protection from deportation and eligibility for work permits to eligible undocumented immigrants who were brought to the United States as minors. However, when it comes to gun ownership, the situation is not clear-cut. In this article, we will delve into the complexities of gun ownership for DACA recipients in Texas.
Direct Answer: Can Daca Recipients Own a Gun in Texas?
NO
According to the National Instant Criminal Background Check System (NICS), undocumented immigrants, including DACA recipients, are prohibited from possessing or purchasing firearms. Even with a work permit and Social Security number, a DACA recipient is not legally allowed to own a gun in Texas or any other state.
The Law
The Gun Control Act of 1968 (GCA) prohibits the sale or transfer of firearms to individuals who are "unlawful users" or "unqualified" to possess firearms. In 1996, Congress added Section 922(x), which prohibits the transfer or possession of firearms to or by an alien who is illegally or unlawfully in the United States. DACA recipients, as undocumented immigrants, fall under this category.
Texas Laws
Texas has its own gun laws, which align with federal regulations. Under Texas Penal Code Section 46.04, it is illegal for a person who is not a United States citizen to possess or transfer a firearm. DACA recipients, as non-citizens, are considered unauthorized aliens and are not exempt from this law.
Exceptions
There are limited exceptions to the gun ownership ban for undocumented immigrants. For example:
- Active-duty military personnel with lawful immigration status
- Members of the National Guard serving under federal authority
- Law enforcement officers (state or local) with lawful immigration status
- Licensed firearms dealers or handlers who are authorized to handle firearms as part of their business
Consequences
If a DACA recipient is found to be in possession of a firearm in Texas, they may face:
- Criminal charges and penalties, including fines and imprisonment
- Deportation proceedings
- Denial of future immigration benefits or relief
Takeaway
In summary, despite having a work permit and Social Security number, DACA recipients are not legally allowed to own a gun in Texas or any other state. The law is clear, and attempting to circumvent it can have serious consequences. It is essential for DACA recipients to respect these restrictions and understand their rights and limitations.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I own a gun as a DACA recipient? | No |
| Why is it illegal for DACA recipients to own guns? | Because they are considered unauthorized aliens under federal law |
| Are there any exceptions to the gun ownership ban? | Yes, for active-duty military personnel, law enforcement officers, and licensed firearms dealers/handlers |
| What are the consequences of possessing a firearm as a DACA recipient? | Criminal charges, deportation, and denial of future immigration benefits or relief |
Conclusion
The issue of gun ownership for DACA recipients in Texas is straightforward. Despite being able to work and live in the United States, they are not legally allowed to own firearms. It is crucial for DACA recipients to understand their rights and limitations, as well as the legal consequences of attempting to own a gun. As a responsible and law-abiding community, it is essential to respect the rules and regulations surrounding gun ownership.
Additional Resources
- National Instant Criminal Background Check System (NICS)
- Gun Control Act of 1968 (GCA)
- Texas Penal Code Section 46.04
- Immigration and Customs Enforcement (ICE) – Firearms and Expunged Convictions Policy
By understanding the law and respecting the restrictions in place, we can promote public safety and ensure a smooth and peaceful coexistence in Texas and beyond.
