couple of (constitutional) questions

[Campbell]

With regard to the shootings at VT, I have been wondering how it is legal for a resident alien (non US citizen) to purchase/own/possess a firearm in this country? I am all for citizens' right to bear arms, but how many states is this legal in? I know I have ranted for constitutional rights for non citizens in the past, however that is more in relation to human rights type issues, things like a fair trial, freedom of religion/speech. It seems absurd to me that we would allow non US citizens to have firearms in this country.

On a totally unrelated note, I heard on NPR they are possibly going to offer Gonzalez's assistant immunity to get her testimony since she invoked her 5th ammendment right. My question is if you invoke the 5th and then it is found that you had no reason to, and knew you had no reason to, are you legally liable for abusing that right if in doing so you obstruct the justice process? I realize her immunity may in fact cover it, and although I mention the current situation my question is more about the general use of the 5th ammendment.

[Sonny]

Gun buyers are regulated by the laws of the state in which they live.

In Virginia, a person 21 or older can buy only one handgun a month, unless he has a license to buy more. Cho bought one gun, a .22-caliber pistol, in early February and another, a 9 mm pistol, in March.

Cho bought one of the guns he used in the shootings from an out-of-state dealer, according to Joe Dowdy, the owner of the pawnshop across the street from campus where Cho picked up the Walther P22 pistol on February 9.

Under federal law, a weapon purchased from an out-of-state dealer must be shipped to an in-state, federally licensed gun dealer, who runs a background check. The buyer must appear in person to pick up the gun, and the dealer receives a small fee -- usually between $20 and $40 -- for facilitating the pickup.

Cho bought a Glock 19 and 50 rounds of ammunition on March 12, staying just within the limit of one gun purchase per month, said John Markell at Roanoke Firearms in nearby Roanoke.

Even though Cho is a resident alien, Markell said, it was legal for him to purchase a firearm, and he presented three forms of identification: a driver's license, a checkbook with an address matching the driver's license, and a resident alien card. Cho moved to the United States from South Korea at age 8.

State police conducted an instant background check that probably took about a minute, the store owner said.

Virginia law requires no waiting period, so Cho was able to legally take home the Glock on the same day that he bought it.

Campus killer's purchases apparently within gun laws:
http://www.cnn.com/2007/US/04/19/gun.laws/index.html

[Steno]

Well, not entirely. Because he was at one time sent to mental health facility in 2005, he was uneligable to purchase a firearm. According to NPR, he lied on his application for the gun, and was therefore able to buy it.

I find this to be a gaping hole in any gun control plan, and NPR said it was because mental health institutions, unlike law enforcement, do not have a centralized electronic records database.

[Adam Gamradt]

I think the issue was that he was not "involuntarily" committed to the mental institution, so the purchase was legal.

Not sure, I'll have to check out that NPR story. Anybody have a link?

[Adam Gamradt]

Some information about this can be found here:

http://www.cnn.com/2007/US/04/19/studen ... index.html

[KnoxVegas]

I find this to be a gaping hole in any gun control plan..

Anyone know exactly what the national gun control plan is?

[Campbell]

I believe he was involuntarily committed and it just didn't register with the background check.

Obviously there are some things Virginia can do to tighten up their background checks, but I guess I was just looking for everyone's opinion on whether non-US citizens legally working/studying/residing in the US should be allowed to purchase, own, or possess firearms.

[Adam Gamradt]

I don't think crazy discriminates based on country of origin.

I don't think anyone should be allowed to own a semi automatic weapon without first passing a test. A test not just for proficiency and safety, but for mental health as well.

A test more thorough than 16 check boxes.

[Zeuslax]

Adam Gamradt wrote:

I don't think crazy discriminates based on country of origin.

I don't think anyone should be allowed to own a semi automatic weapon without first passing a test. A test not just for proficiency and safety, but for mental health as well.

A test more thorough than 16 check boxes.

Well said!

[laxative]

Anyone know exactly what the national gun control plan is?

Last time I checked the national gun control plan is as follows:

-A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.-


That being said, I am a gun owner that would not mind seeing much tighter gun controls.

[Adam Gamradt]

I still wonder what they mean by militia?

To keep and bear arms goes back to English Common Law. A further indication that our laws do not exist in a vaccum, and are not unique creations of our very special forefathers. They are the product of experience, debate, and discussion.

To paraphrase someone much smarter than myself, the rule of law must be stable, but never stand still.

I would like to see the look on James Madison's face, were he ever to hold a modern weapon.

[Steno]

The young man at VT didn't seem all that well-regulated...or maybe the fact that I'm an English major and not a constitutional lawyer is showing through...?

Does someone have a good interpretation for that amendment?

[laxative]

Does someone have a good interpretation for that amendment?

That sounds like a 40 page thread. I say let everyone who wants a gun have one...just charge them $10,000 a bullet!

[Campbell]

Do you guys think the 2nd Ammendment is a right that should be extended to non-US citizens while on US soil?

My intent was not to start a gun control debate, there is plenty of that going on in the blogosphere. I just feel that a non US citizen having gun while in this country is absurd.

[Adam Gamradt]

Do you guys think the 2nd Ammendment is a right that should be extended to non-US citizens while on US soil?

No.