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Chris Duffy

DACA - Can you carry pistol in Car in Texas

By Chris Duffy in Deferred Action for Childhood Arrivals (DACA)

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debbiedoo Experienced

debbiedoo   2,339

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Filed: AOS (apr) Country: Canada
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if you have a conceal carry permit i would imagine so.

 

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Boiler Grand Master

Boiler   43,429

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DACA has no legal residence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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andy78 Enthusiast

andy78   178

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Owning and/or carrying firearms is subject to both federal and state law, so both have to be taken into consideration. There are exceptions in federal law that allows certain non-citizens to carry firearms (such as Permanent Residents). DACA isn't one of those exceptions. 

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debbiedoo Experienced

debbiedoo   2,339

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1 hour ago, Chris Duffy said:

Incorrect

 

No permit needed for legal residence of Texas to carry in car as long as it is concealed

thats highly concerning 😕

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Chris Duffy Experienced

Chris Duffy   1,256

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18 hours ago, andy78 said:

Owning and/or carrying firearms is subject to both federal and state law, so both have to be taken into consideration. There are exceptions in federal law that allows certain non-citizens to carry firearms (such as Permanent Residents). DACA isn't one of those exceptions. 

Yes, that is kinda what I was thinking and leaning toward.

 

I have a couple of employees of mine that are DACA guys and I was going to give each of them a pistol for Christmas to carry.

Just when you think you have TDS eradicate,  a new case shows up.

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Chris Duffy Experienced

Chris Duffy   1,256

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On ‎11‎/‎23‎/‎2018 at 6:52 AM, Boiler said:

DACA has no legal residence.

So I asked this same question on Texas Concealed Pistol forum

 

Seems to be a grey area, and maybe not legal.  But I know for sure you can come here whether legally or non legally and buy a gun from an individual legally. 

 

If you want to buy a gun from a Federal Firearm Dealer, then all you need to do is get a non residence texas hunting license and then you can buy a gun/rifle

Just when you think you have TDS eradicate,  a new case shows up.

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Boiler Grand Master

Boiler   43,429

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Certainly not possible legally in Colorado but then you would not be able to get a Hunting License either.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Chris Duffy Experienced

Chris Duffy   1,256

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37 minutes ago, Boiler said:

Certainly not possible legally in Colorado but then you would not be able to get a Hunting License either.

And then police don't and won't ask about immigration status, so you are probably in the clear to carry in car in Texas for DACA people.

 

So many grey areas

Just when you think you have TDS eradicate,  a new case shows up.

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Boiler Grand Master

Boiler   43,429

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4 minutes ago, Chris Duffy said:

And then police don't and won't ask about immigration status, so you are probably in the clear to carry in car in Texas for DACA people.

 

So many grey areas

In CO a DACA would not have what is needed to pass a Background check so end of story. Texas may be different.

 

If I was you I would leave well alone.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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The ability to obtain a firearem legally and the ability to carry are not entirely the same.

I'd agree with leaving it alone.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Chris Duffy Experienced

Chris Duffy   1,256

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3 hours ago, geowrian said:

The ability to obtain a firearem legally and the ability to carry are not entirely the same.

I'd agree with leaving it alone.

Gov. Perry also signed H.B. 1815 after passage by the 2007 Legislature, a bill that allows any Texas resident to carry a handgun in the resident's motor vehicle without a CHL or other permit.[20] The bill revised Chapter 46, Section 2 of the Penal Code to state that it is in fact not "Unlawful Carry of a Weapon", as defined by the statute, for a person to carry a handgun while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these four critical qualifiers: (1) the weapon must not be in plain sight (in Texas law, "plain sight" and "concealed" are mutually exclusive opposing terms);[21] (2) the carrier cannot be involved in criminal activities, other than Class C traffic misdemeanors; (3) the carrier cannot be prohibited by state or federal law from possessing a firearm; and (4) the carrier cannot be a member of a criminal gang.[22][23]

https://en.wikipedia.org/wiki/Gun_laws_in_Texas

 

 

So since the DACA are allowed to get a Texas Drivers License, which they use SAVE System to check their immigration status and also obtain a SS Number, then it looks like it would be legal per this House Bill

Just when you think you have TDS eradicate,  a new case shows up.

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