4 ms·

Have the higher courts have addressed that? The tourist example I'm expecting they _should_ since they are not breaking any law. Hm. Page 27: https://fas.org/s

Have the higher courts have addressed that? The tourist example I'm expecting they _should_ since they are not breaking any law. Hm. Page 27: https://fas.org/sgp/crs/misc/R44618.pdf https://fas.org/sgp/crs/misc/R44618.pdf I'm ignoring FFL's because it's not directly relevant.

Rebelgecko 7y ago
There was a recent court case about this (Rehaif v. U.S) where the Supreme Court made a decision about the law making it a felony to knowingly possess a gun in the US while here illegally. The prosecutor said "knowingly" just refers to the gun possession, but Rehaif's lawyer said it should refer to knowingly possessing the gun and knowing that you weren't in the country legally (Rehaif claimed that he hadn't read an email saying his student visa was revoked before he rented a gun at a shooting range). The Supreme Court said that "knowingly" referred to both the possession and the legality of one's presence. Presumably that means they're OK with a law that discriminates against some non-citizens on US soil. Another thing that I just learned it is actually still illegal to borrow a gun at a shooting range if you have a non-immigrant visa (unless you have a hunting license). Even if he hadn't lost his visa he'd still be breaking a different law. It's illegal for people visiting with tourist visas to go to shooting ranges, but for tourists visiting from countries that don't require visas it's OK.
- jakeogh 7y ago
  Looks like it was recently (thankfully) reversed and remanded: https://ballotpedia.org/Rehaif_v._United_States https://ballotpedia.org/Rehaif_v._United_States Weird quirk with the huntling license, so that second example is a state law?
  - dragonwriter 7y ago
    No, it's federal law that includes among it's explicit exemptions possession of a valid state hunting license. The law has not been much litigated, though the Ninth Circuit upheld it earlier this year in a case that was mostly a campaign finance crimes case but also involved gun possession by the foreign, non-immigrant defendant.
- scottlocklin 7y ago
  > Another thing that I just learned it is actually still illegal to borrow a gun at a shooting range if you have a non-immigrant visa (unless you have a hunting license). Huh; do you have a citation for this? I used to bring scientists from other countries to the shooting range for the cultural experience, and almost brought a pal from Europe hunting a year or two ago (on my license). Never realized I might have been putting them in legal jeopardy.
  - Rebelgecko 7y ago
    The actual law is here Title 18, Section 922, g(5)(B): https://www.law.cornell.edu/uscode/text/18/922 https://www.law.cornell.edu/uscode/text/18/922 I would guess that it's not enforced very often. If your friend was visiting from a European country that didn't require a visa to visit the US (most of them) you'd be in the clear. Some discussion for non-immigrant visas about halfway down this article: https://reason.com/2019/01/12/illegal-aliens-guns-and-strict-liability/ https://reason.com/2019/01/12/illegal-aliens-guns-and-strict...

Rebelgecko 7y ago

There was a recent court case about this (Rehaif v. U.S) where the Supreme Court made a decision about the law making it a felony to knowingly possess a gun in the US while here illegally. The prosecutor said "knowingly" just refers to the gun possession, but Rehaif's lawyer said it should refer to knowingly possessing the gun and knowing that you weren't in the country legally (Rehaif claimed that he hadn't read an email saying his student visa was revoked before he rented a gun at a shooting range). The Supreme Court said that "knowingly" referred to both the possession and the legality of one's presence. Presumably that means they're OK with a law that discriminates against some non-citizens on US soil. Another thing that I just learned it is actually still illegal to borrow a gun at a shooting range if you have a non-immigrant visa (unless you have a hunting license). Even if he hadn't lost his visa he'd still be breaking a different law. It's illegal for people visiting with tourist visas to go to shooting ranges, but for tourists visiting from countries that don't require visas it's OK.

jakeogh 7y ago
Looks like it was recently (thankfully) reversed and remanded: https://ballotpedia.org/Rehaif_v._United_States https://ballotpedia.org/Rehaif_v._United_States Weird quirk with the huntling license, so that second example is a state law?
- dragonwriter 7y ago
  No, it's federal law that includes among it's explicit exemptions possession of a valid state hunting license. The law has not been much litigated, though the Ninth Circuit upheld it earlier this year in a case that was mostly a campaign finance crimes case but also involved gun possession by the foreign, non-immigrant defendant.
scottlocklin 7y ago
> Another thing that I just learned it is actually still illegal to borrow a gun at a shooting range if you have a non-immigrant visa (unless you have a hunting license). Huh; do you have a citation for this? I used to bring scientists from other countries to the shooting range for the cultural experience, and almost brought a pal from Europe hunting a year or two ago (on my license). Never realized I might have been putting them in legal jeopardy.
- Rebelgecko 7y ago
  The actual law is here Title 18, Section 922, g(5)(B): https://www.law.cornell.edu/uscode/text/18/922 https://www.law.cornell.edu/uscode/text/18/922 I would guess that it's not enforced very often. If your friend was visiting from a European country that didn't require a visa to visit the US (most of them) you'd be in the clear. Some discussion for non-immigrant visas about halfway down this article: https://reason.com/2019/01/12/illegal-aliens-guns-and-strict-liability/ https://reason.com/2019/01/12/illegal-aliens-guns-and-strict...