Can DACA Recipients Legally Own a Gun?

As a DACA (Deferred Action for Childhood Arrivals) recipient, it’s essential to understand your rights and responsibilities, including those related to gun ownership. The laws surrounding gun possession for DACA recipients can be complex and vary depending on the state you reside in.

Federal Gun Laws and DACA Recipients

Under federal law, specifically the Gun Control Act of 1968, it is illegal for certain categories of people to possess firearms, including those who are “illegally or unlawfully in the United States.” As DACA recipients are not considered lawfully present in the U.S., they are generally prohibited from possessing firearms under federal law.

State Gun Laws and DACA Recipients

While federal law prohibits DACA recipients from owning guns, some states have enacted their own gun laws that may allow DACA recipients to possess firearms in certain circumstances. For example:

1. In some states, such as California, DACA recipients may be eligible to own a gun if they obtain a hunting license.
2. Other states, like Nebraska, allow non-citizens to possess firearms if they meet certain requirements, such as obtaining a permit.

However, it’s crucial to note that even in states with more permissive gun laws, DACA recipients could still face legal consequences under federal law for possessing a firearm.

Risks of Gun Ownership for DACA Recipients

DACA recipients who choose to own a gun, even in states where it may be allowed, face significant risks:

1. Criminal charges: DACA recipients caught possessing a firearm could face federal criminal charges, which may result in fines, imprisonment, and deportation.
2. Impact on immigration status: A criminal conviction related to gun possession could jeopardize a DACA recipient’s ability to renew their status or apply for future immigration benefits.
3. Revocation of DACA status: Engaging in unlawful activity, such as violating federal gun laws, could lead to the revocation of an individual’s DACA status.

Final Thoughts

While state laws may vary, DACA recipients are generally prohibited from owning guns under federal law. The risks associated with gun possession, including criminal charges, impact on immigration status, and revocation of DACA status, make it crucial for DACA recipients to understand and comply with both state and federal gun laws. If you have questions about your specific situation, consult with an experienced immigration attorney or legal professional.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

See author's posts