Good evening, if a person who is a legal immigrant and a green card holder (permanent resident) about to become a citizen has to use his/her gun in self-defense, and it is proven, could this person face deportation, or could this affect his/her process even if they win in court?
@Nando Welcome to the community, we are glad to have you. And congradulations.
That is about as tough a question that has ever been asked here. What State are you in?
If person in question never becomes a felon, there is no legal grounds to impact his or her status. Can it affect the process? I imagine yes, hoplophobes happen.
Would the person enjoy their citizenship better, Heavens forbid, from the wheelchair or from the grave? We are not talking about elective situation, but about saving own life.
Thanks Bruce, I live in Florida.
Florida is a plus, a solid 2A State.
Conviction of a crime, maybe. Self-defense, I doubt it.
Here’s a case I’m familiar with: he fatally stabbed a guy, went to prison, served time, and when he got out—I think he didn’t finish his sentence, US Marshalls escorted him to a plane back to his country of origin. L
@Hernan_Eduardo Welcome to the community. You have asked a GREAT, FANTASTIC QUESTION, and hopefully you will get great answers, BUT this a question for good 2A Lawyer. I’m just as CURIOS to hear inputs from the community.
That is what I was thinking, If I have to defend myself, why would I be penalized for that? but I heard that from so-called "experts, That is why I preferred to share my doubt and appeal to common sense. thanks for the input.
Best I can find is from California, but looks like in a defense situation there’s no deportation, even for non residents, and I note these California lawyers are citing Federal law.
Green Card holder can legally own the firearm in Florida.
He / she has the same rights to defend him / herself as US Citizen.
There is not reason to face deportation and GC vs Citizenship has no difference in court.
“Legal permanent resident aliens who are Florida residents may purchase a firearm and must provide a valid alien registration number.”
There have been cases around here of use of a weapon in a self defense situation by people of questionable status. One was a felon that used a gun to defend himself. He got violated as a felon in possession of a firearm but, if memory serves, the actual use of the firearm was dropped, I think the judge said something like “You have the right to defend yourself, had you used a legal weapon we wouldn’t be here” or something like that…
Welcome to the family brother @Nando and glad to have you here. A lot of good people here who are willing to help and teach.
I think I would start with a good immigration lawyer. If it was determined that it was lawful self-defense there should not be a problem (unless there are other mitigating circumstances).
Look at the bright side, you could always just walk back across the southern border, it’s all the rage these days.
Oh He11 no!!! Have you seen Mexico’s Immigration laws? They don’t let just anybody in.
That’s true. Try crossing the river South out of El Paso. It can be pretty tricky, especially if you look like you don’t belong there.
I crossed the Bridge of the Americas in down town El Paso, walked to the office to get a work permit. They found out I had an expired 30 day permit that I hadn’t turned in when it expired. They wanted to arrest me and (I am quoting what the Mexican official said) “Treat you like you guys treat our citizens that try to get illegal work in your country”. I ran out of the office and back across the bridge. It took my client several months and unknown dollars to get that one fixed.