It's a worthy question, actually. We make foreigners reside in America for at least seven years before pursuing citizenship. Should states be required to grant it at once?
The case touches on liquor laws in Tennessee, but there's a similar issue with pistol permits in North Carolina. If you move to North Carolina from another state, even though you may have had a license to carry firearms in that state that North Carolina would recognize as valid, your permit to carry is immediately invalidated by the move. But your right to purchase a pistol in North Carolina is subject to a year's delay: North Carolina insists on a pistol purchase permit for every such firearm, issued by the sheriff, and these permits may not be issued to someone who has been resident for less than a year.
There's a loophole in the latter case, as you can apply for a NC concealed carry permit and, if granted it, purchase pistols using it instead of having to apply for a permit to purchase a pistol. However, this doesn't obviate the issue, since concealed carry permits take a while to obtain too: they're shall-issue with a mandatory 45 day window, except that NC interprets that as meaning "45 days from the completion of all relevant background checks and paperwork," so it might be 3-4 months. In other words, you lose your rights from your old state citizenship immediately on moving, but you don't obtain new rights (or privileges) pertaining to new citizenship for some time.
I imagine there are a number of similar examples, especially as pertain to goods such as alcohol and firearms that our betters have wanted to ban us from owning. It would be nice to have limits set on the power of government to do that, especially in 2A cases.
7 comments:
I agree this law makes little sense, in common with almost all laws pertaining to firearms.
However, one could make a case that delaying some rights, like the right to vote in State elections, could be beneficial-it would slow down the rapid conversion of rural areas and conservative states to Socialist nanny states. At least give a chance for the new arrivals to experience the culture before changing it.
I agree. I think it's a worthy question, and voting rights might be a good example of why. That's just exactly why we don't grant citizenship to everyone who sets a wet foot on American soil, or who buys a house on our territory. You should assimilate first, before you start having a voice in how things are run.
The first sentence of the first clause of the 14th Amendment might be pertinent:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
There's nothing in there about any delay in obtaining such State citizen rights as might exist. Citizens are citizens, for good or ill.
Eric Hines
I’m not opposed to outright repeal of the 14th, which has had mostly negative effects. I’d like to update it to eliminate birthright citizenship in any case.
However, I’m not sure it’s as cut and dried as that. “All citizens of at least one year’s standing may vote” isn’t an equal rights violation even though it favors those who don’t move around. No more than “all citizens who are at least 18,” etc.
“All citizens of at least one year’s standing may vote”
Yeah, but that requires a voter registration of some reliability--which is anathema to the Left. In that regard, I'm not sure a delay before voting eligibility is any worse--or better--than a delay in eligibility to acquire, keep, and bear arms.
I'm not sure, given computer capabilities, a brief delay--a few minutes while a background check is run here in Texas--before acquiring a firearm is bad, nor is a similarly brief delay while identification and citizenship is verified is bad in the process of registering to vote. Of course, the databases necessary for such speedy checks would be problematic from their existence.
Eric Hines
It seems that laws pertaining to age, background checks, residency etc are being orchestrated to political ends, in order to achieve desired goals.
Turnabout being fair play and all, I would like to see the same requirements to vote as to purchase a firearm. Certainly voting can be far more dangerous. Set the standards wherever society agrees, but make them consistent.
My son in Norway can vote in local elections after three years residence, with no citizenship. (He has both US and EU passports.) He can vote in national elections after 8 years.
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