By Dave Workman | Senior Editor
While mayors around the country are vowing to defy federal immigration law and provide “sanctuary” for migrants, regardless of their documentation, the Second Amendment Foundation has scored yet another victory on behalf of legal resident aliens, this time in Montana.
SAF win a preliminary injunction against Montana’s law that has a citizenship requirement for getting a concealed carry license.
This is not the first time SAF has gone to court in defense of Second Amendment rights for legal resident aliens. According to the SAF website, the non-profit organization has brought similar cases in Missouri, Nebraska, Arkansas, North Carolina and New Mexico.
U.S. District Court Judge Donald W. Molloy at the district court in Missoula has also stayed the case because the Legislature is currently considering legislation that would repeal the citizenship requirement. The case is Knutson v. Curry.
SAF founder and Executive Vice President Alan M. Gottlieb noted that this is just the foundation’s latest effort to secure protections for permanent legal resident aliens. The plaintiff in this case, Lenka Knutson, resides with her husband and two children in Whitefish. She is a citizen of Slovakia and a SAF member.
“We’re certainly happy with the judge’s ruling,” Gottlieb said, “and we’re gratified that the Montana Legislature is working to fix this problem. We’ve fought similar battles in on behalf of legal resident aliens.”
“This lawsuit is about the recognition that lawful resident aliens share the same Second Amendment rights as citizens,” attorney David G. Sigale noted. “We are very gratified that the Court has vindicated Ms. Knutson’s right to self-defense, and we are also glad the State is taking steps to correct a clearly discriminatory law.”
Under terms of the order, Judge Molloy also cancelled a scheduled Feb. 13 trial.
Lenka had gone to the Flathead County Sheriff’s Office in 2014 to apply for a concealed carry permit, even though she is not a U.S. citizen. The permit was denied because she is a permanent resident and not a citizen. The lawsuit followed, with representation by Sigale of Glen Ellyn, Illinois and Quentin M. Rhoades and Nicole L. Seifert of Missoula.
“The decision by Judge Molloy is one more example of SAF’s effort to win firearms freedom, one lawsuit at a time,” Gottlieb stated.
