Can DACA Recipients Own Guns in California?

ByBuffalo Rifles Blog

Can Daca Recipients Own A Gun In California?

The issue of whether or not Daca recipients can own a gun in California is a hotly debated one. On the one hand, there are those who argue that Daca recipients are law-abiding citizens who should be allowed to exercise their Second Amendment rights. On the other hand, there are those who worry that allowing Daca recipients to own guns would pose a public safety risk.

In this article, we will take a closer look at the issue of Daca gun ownership in California. We will explore the arguments for and against allowing Daca recipients to own guns, and we will provide an overview of the current law on the matter.

We will also discuss the potential impact of a recent court decision that struck down a California law that prohibited undocumented immigrants from owning guns.

By the end of this article, you will have a better understanding of the issue of Daca gun ownership in California and you will be able to make an informed decision about where you stand on the issue.

| Can Daca Recipients Own A Gun In California? | Yes | No |
|—|—|—|
| Legal Status | No | Yes |
| Reasoning | The California Penal Code prohibits undocumented immigrants from owning or possessing a firearm. | The California Penal Code does not prohibit DACA recipients from owning or possessing a firearm. |
| References | [California Penal Code Section 26700](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=26700) | [California Penal Code Section 26710](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=26710) |

Background on DACA and Gun Control Laws

The Deferred Action for Childhood Arrivals (DACA) program was created by the Obama administration in 2012. DACA provides temporary legal status to undocumented immigrants who were brought to the United States as children. DACA recipients are eligible to work and study in the United States, but they are not eligible for green cards or citizenship.

In recent years, there has been a debate over whether DACA recipients should be allowed to own guns. Some people argue that DACA recipients are criminals and should not be allowed to have access to firearms. Others argue that DACA recipients are law-abiding citizens and should be allowed to exercise their Second Amendment rights.

The gun control laws in California are some of the strictest in the country. California has a universal background check law, a ban on assault weapons, and a limit on the number of guns that a person can own.

Legal Status of DACA Recipients in California

The legal status of DACA recipients in California is complex. In 2018, the Trump administration announced that it would be ending DACA. However, a federal court ruled that the Trump administration could not end DACA without going through a proper rulemaking process. The court’s ruling means that DACA recipients can continue to renew their DACA status for the time being.

However, the future of DACA is uncertain. The Trump administration could still try to end DACA through a new rulemaking process. If the Trump administration is successful in ending DACA, DACA recipients would lose their legal status and would no longer be eligible to own guns in California.

It is important to note that even if DACA is ended, DACA recipients would not automatically be considered undocumented immigrants. DACA recipients would still have to go through the process of obtaining a green card or citizenship in order to become legal residents of the United States.

The debate over whether DACA recipients should be allowed to own guns is likely to continue for some time. There are strong arguments on both sides of the issue. However, the legal status of DACA recipients in California is clear. DACA recipients are not eligible to own guns in California, regardless of whether DACA is ended or not.

Can Daca recipients own a gun in California?

The answer to this question is not straightforward. There are a number of factors to consider, including the specific provisions of California law, the interpretation of those laws by the courts, and the individual circumstances of the Daca recipient.

What does California law say about gun ownership by Daca recipients?

California law generally prohibits undocumented immigrants from owning guns. However, there is an exception for Daca recipients who have been granted a California driver’s license.

What does this mean for Daca recipients who want to own a gun?

Daca recipients who have been granted a California driver’s license are not prohibited from owning guns under California law. However, they should be aware that there are a number of other federal laws that may still apply to them.

What federal laws may apply to Daca recipients who want to own a gun?

The Gun Control Act of 1968 (GCA) prohibits the sale or transfer of firearms to undocumented immigrants. The Immigration and Nationality Act (INA) also prohibits undocumented immigrants from possessing firearms.

What does this mean for Daca recipients who want to own a gun?

Daca recipients who are not U.S. citizens or lawful permanent residents are prohibited from purchasing or possessing firearms under federal law.

Are there any exceptions to the federal law prohibiting Daca recipients from owning guns?

There are a few exceptions to the federal law prohibiting Daca recipients from owning guns. These exceptions include:

  • Daca recipients who are members of the U.S. military or National Guard
  • Daca recipients who are law enforcement officers
  • Daca recipients who have been granted a green card
  • Daca recipients who have been granted asylum or refugee status

What should Daca recipients who want to own a gun do?

Daca recipients who are interested in owning a gun should consult with an attorney to learn more about their specific legal rights and obligations.

Additional resources

  • [California Department of Justice: Gun Laws](https://oag.ca.gov/firearms/regs/geninfo)
  • [U.S. Department of Justice: Gun Control Act](https://www.atf.gov/firearms/qa/does-gun-control-act-apply-undocumented-aliens)
  • [U.S. Citizenship and Immigration Services: Daca](https://www.uscis.gov/archive/humanitarian-parole/deferred-action-childhood-arrivals-daca)

    the ability of DACA recipients to own guns in California is a complex issue with no easy answers. There are strong arguments to be made on both sides of the debate. However, it is important to remember that DACA recipients are law-abiding individuals who have been vetted by the government. They are not criminals, and they should not be punished for their immigration status. If California were to allow DACA recipients to own guns, it would send a message that these individuals are welcome and that they are part of our community.

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