The Second Amendment Foundation has won a significant victory on behalf of legal resident aliens in Arkansas, with a federal district court there declaring the state’s citizen-only concealed carry licensing law unconstitutional, and granting a permanent injunction against its enforcement on behalf of a man named Martin Pot (pronounced Pote), a citizen of the Netherlands.
U.S. District Judge Timothy L. Brooks, for the Western District of Arkansas, handed down the ruling. He ordered the state to pay SAF $10,000 in attorney’s fees and court costs of $726.41. SAF and Mr. Pot were represented by attorney David Sigale of Glen Ellyn, Illinois.
The lawsuit, filed last November, challenged the Arkansas statute because it “completely prohibits resident legal aliens from the concealed carry of guns, in public, for the purpose of self-defense. Colonel Stan Witt, director of the Arkansas State Police, was named as the defendant in his official capacity.
“This is yet another victory in our effort to expand Second Amendment protections in the United States,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Mr. Pot is a law-abiding resident of Eureka Springs, and has been so since 1986. He is self-employed and is a productive member of the community, with an American-born wife and family. He came here almost 30 years ago, met and married his wife, and has many solid connections in his community.”
While Arkansas statute allowed Pot to possess a firearm only in his home, on his property or – under certain circumstances – while on a “journey,” he was prohibited from obtaining a concealed carry permit because he is not a citizen.
“This case is not unique,” Gottlieb noted. “SAF has successfully challenged other state laws, in New Mexico, Washington,Nebraska and Massachusetts. Legal resident aliens should not be penalized at the expense of their self-defense rights. This was a good outcome to a case that should help lots of people.
“This is another case where SAF is winning firearms freedom one lawsuit at a time,” he concluded.
The Second Amendment Foundation (www.saf.org) 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.