April 1, 2013
/PRNewswire-USNewswire/ -- The Second Amendment Foundation today filed a motion for injunctive relief against
officials over a statutory prohibition that prevents non-citizens legally residing in the state from obtaining a concealed carry permit.
SAF filed the lawsuit on behalf of 68-year-old Carlos Nino De Rivera Lajous, a Mexican citizen who has been legally residing in
since 1990. SAF is joined in the action by the Nebraska Firearms Owners Association. Defendants in the lawsuit are
, superintendent of the
State Patrol, both in their official capacities.
"Mr. Lajous received a permanent resident visa in 1991, and he has earned three associated degrees from
Central Community College in Hastings
," noted SAF Executive Vice President
. "He has certainly established himself as a productive member of his community over the past 22 years."
"Ironically," Gottlieb continued, "Mr. Lajous is allowed to carry a firearm openly in
, except for certain locations where doing so is not allowed under state law. He is prohibited from obtaining a concealed carry permit by state statute, thus making open carry his only option for personal protection, and as a result, he is the victim of what might be called a 'Catch 22' in state law."
"There is no rationale for a system in which someone can legally carry openly for self-defense, but yet that person cannot obtain a concealed pistol permit because of nationality," he said. "SAF has challenged similar problems in
where non-citizen legal residents faced troublesome local gun laws, and when Mr. Lajous'
problem came to our attention, we acted."
The case was filed in U.S. District Court for the District of
. Plaintiffs are represented by attorneys
David G. Sigale
Glen Ellyn, Ill.
The Second Amendment Foundation (
) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation