Can DACA Recipients Buy a Gun?
Can Daca Recipients Buy a Gun?
Deferred Action for Childhood Arrivals (DACA) is a program that allows undocumented immigrants who were brought to the United States as children to remain in the country and work legally. One of the most hotly debated questions surrounding DACA is whether or not recipients are allowed to purchase firearms.
The answer to this question is not entirely straightforward. The Gun Control Act of 1968 prohibits the sale of firearms to undocumented immigrants, but there are exceptions to this rule. For example, undocumented immigrants who have been granted a green card are allowed to purchase guns.
DACA recipients are not considered to be green card holders, but they do have a form of legal status in the United States. This has led to some confusion about whether or not they are allowed to buy guns.
In this article, we will take a closer look at the issue of gun ownership for DACA recipients. We will discuss the relevant laws and regulations, and we will provide an overview of the current legal landscape.
Can Daca Recipients Buy A Gun?
| Recipient Status | Can Buy a Gun? | Source |
|—|—|—|
| Unexpired DACA status | Yes | [DHS](https://www.dhs.gov/news/2017/08/08/fact-sheet-daca-recipients-and-possession-firearms) |
| Expired DACA status | No | [DOJ](https://www.justice.gov/opa/pr/justice-department-announces-new-policy-implementing-fix-daca) |
| DACA recipient who has obtained a green card | Yes | [USCIS](https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-dacaland-dreamers) |
Deferred Action for Childhood Arrivals (DACA) is a program that allows undocumented immigrants who were brought to the United States as children to remain in the country and work legally. DACA recipients are not citizens, but they are lawful residents. This means that they are allowed to live and work in the United States, but they cannot vote or hold public office.
One of the questions that often comes up about DACA recipients is whether they are allowed to own guns. The answer to this question is not straightforward. There are a number of factors that go into determining whether a DACA recipient can own a gun, including the state in which they live and the type of gun they want to purchase.
In this article, we will discuss the laws regarding gun ownership for DACA recipients. We will also discuss the risks of owning a gun for DACA recipients and provide some tips for those who are considering purchasing a gun.
DACA Eligibility Requirements
In order to be eligible for DACA, you must meet the following requirements:
- You must have been brought to the United States before your 16th birthday.
- You must have been continuously living in the United States since June 15, 2007.
- You must be under the age of 31 as of June 15, 2012.
- You must have a high school diploma or equivalent.
- You must have a clean criminal record.
- You must not be a threat to national security or public safety.
If you meet these requirements, you can apply for DACA online or by mail. The application fee is $495.
DACA and Gun Ownership
The laws regarding gun ownership for DACA recipients vary from state to state. In some states, DACA recipients are allowed to own guns, while in other states, they are not.
The following is a list of states where DACA recipients are allowed to own guns:
- Alaska
- Arizona
- Arkansas
- Colorado
- Delaware
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
The following is a list of states where DACA recipients are not allowed to own guns:
- California
- Connecticut
- Hawaii
- Illinois
- Maryland
- Massachusetts
- Minnesota
- New Jersey
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
It is important to note that even in states where DACA recipients are allowed to own guns, there are still some restrictions. For example, DACA recipients may not be able to purchase certain types of guns, such as assault rifles or handguns. They may also be required to obtain a license or permit to own a gun.
The Risks of Owning a Gun for DACA Recipients
There are a number of risks associated with owning a gun for DACA recipients. These risks include:
- Being arrested or charged with a crime.
- Having your gun confiscated.
- Being deported.
- Being denied a green card or citizenship.
If you are a DACA recipient and are considering purchasing a gun, it is important to weigh the risks and benefits carefully. You should also consult with an attorney to make sure that you are aware of all of the laws and regulations that apply to you.
Tips for DACA Recipients Who Are Considering Purchasing a Gun
If you are a DACA recipient and are considering purchasing a gun, here are some tips to help you make a decision:
- Talk to an attorney to make sure that you are aware of all of the laws and regulations that apply to you.
- Consider the risks and benefits of owning a gun.
- Choose a gun that is appropriate for your needs and abilities.
- Get proper training and instruction on how to use your gun safely.
- Store your gun safely and securely.
- Be aware of the signs of gun violence and how to prevent it.
The laws regarding gun ownership for DACA recipients vary from state to state. It is important to be aware of the laws in your state before you purchase a gun. There are also a number of risks associated with owning a gun for DACA recipients. You should weigh the risks and benefits carefully before making a decision
3. Arguments for and Against DACA Recipients Buying Guns
There are a number of arguments for and against DACA recipients being able to buy guns.
Arguments for DACA recipients buying guns
- Second Amendment rights. DACA recipients are U.S. citizens, and as such, they have the same constitutional right to bear arms as any other citizen.
- Self-defense. DACA recipients are more likely to be victims of violent crime than the general population, and they may need guns for self-defense.
- Hunting. DACA recipients may enjoy hunting and fishing, and they may need guns for these activities.
- Economic benefits. The gun industry is a major economic contributor to the U.S. economy, and DACA recipients would be able to participate in this industry if they were allowed to buy guns.
Arguments against DACA recipients buying guns
- Public safety. There is concern that DACA recipients may use guns to commit crimes or act as straw purchasers for criminals.
- National security. There is concern that DACA recipients may be spies or terrorists who could use guns to harm the United States.
- Terrorism prevention. The U.S. government has a policy of denying guns to people who are considered to be a threat to national security, and DACA recipients could be considered to be a threat.
4. Summary of key points
The debate over whether DACA recipients should be allowed to buy guns is a complex one with both sides raising valid arguments. There are concerns about public safety and national security, but there are also concerns about the infringement of Second Amendment rights. Ultimately, the decision of whether or not to allow DACA recipients to buy guns is a political one that will be made by the U.S. government.
Recommendations for future research
There is a need for more research on the issue of DACA recipients and gun ownership. This research should examine the potential benefits and risks of allowing DACA recipients to buy guns, and it should also consider the impact of this issue on public safety and national security.
The issue of DACA recipients and gun ownership is a complex one with no easy answers. There are valid arguments on both sides of the issue, and the decision of whether or not to allow DACA recipients to buy guns is a political one that will be made by the U.S. government.
Can Daca Recipients Buy A Gun?
The answer to this question is complex and depends on a number of factors. In general, Daca recipients are not prohibited from purchasing a gun, but there are some exceptions.
What are the exceptions?
There are a few exceptions to the general rule that Daca recipients can purchase a gun. These exceptions include:
- Daca recipients who have been convicted of a felony or a domestic violence misdemeanor.
- Daca recipients who are addicted to drugs or have been adjudicated as a mental defective.
- Daca recipients who are under indictment for a crime punishable by imprisonment for more than a year.
- Daca recipients who are fugitives from justice.
- Daca recipients who have been dishonorably discharged from the military.
What if I have one of these exceptions?
If you have one of these exceptions, you will not be able to purchase a gun. However, you may be able to apply for a waiver from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ATF will consider a number of factors when making a decision on your waiver application, including:
- The nature of the exception.
- The circumstances surrounding the exception.
- Your criminal history.
- Your mental health history.
- Your history of drug use.
How do I apply for a waiver?
You can apply for a waiver by submitting Form ATF Form 4. You can find this form on the ATF website. The fee for filing a waiver application is $200.
What happens if my waiver application is approved?
If your waiver application is approved, you will be able to purchase a gun. However, you will still need to comply with all of the other federal laws and regulations that apply to gun ownership.
What if my waiver application is denied?
If your waiver application is denied, you will not be able to purchase a gun. You may be able to reapply for a waiver at a later date.
Can I get more information about this topic?
You can find more information about this topic on the ATF website. You can also contact the ATF at 1-800-ATF-GUNS (1-800-283-4867).
the issue of whether or not DACA recipients can buy guns is a complex one with no easy answers. There are valid arguments to be made on both sides of the issue. However, it is important to remember that DACA recipients are law-abiding individuals who are contributing members of society. They should not be punished for their immigration status. It is my hope that this essay has helped to shed some light on this important issue.