Pot and guns

May 13, 2014

In Pot v. Witt (W.D. Ark. May 8, 2014), Arkansas officials conceded that Arkansas’ limitation of concealed carry permits to U.S. citizens violated the Equal Protection Clause. Permanent residents will now be able to get Arkansas carry permits on the same terms as U.S. citizens.

Other courts in other states have taken the view that such citizenship limitations on carry permits were unconstitutional — see, for instance here — and it looks like Arkansas officials assumed that the courts would do the same in this case. And that’s likely right: The Supreme Court has held that, generally speaking, state laws discriminating against lawfully present foreigners are unconstitutional (although the rule is different for federal laws).

Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
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Eugene Volokh · May 12, 2014