Q: Does CA Penal Code 25610 also cover legal permanent residents?
Is there any case law and would the intent of the law include LPR?
A:
California Penal Code 25610, which pertains to the transportation or giving of a firearm, does not explicitly mention legal permanent residents (LPRs). The law states that it applies to "a person," without specifying citizenship or immigration status.
However, federal law does address the possession of firearms by legal permanent residents. Under 18 U.S.C. § 922(g)(5), it is unlawful for any person "who, being an alien, is illegally or unlawfully in the United States" to possess firearms or ammunition. By implication, LPRs are allowed to possess firearms, as they are not considered to be "illegally or unlawfully in the United States."
As for case law, there is no specific California case directly addressing the application of Penal Code 25610 to LPRs. However, given that federal law allows LPRs to possess firearms and California law does not explicitly prohibit it, it is likely that the intent of the law would include LPRs.
It is important to note that while LPRs may be allowed to possess firearms under federal and state law, they must still comply with all other applicable firearm laws, such as background checks, waiting periods, and any local regulations.
For a more definitive answer, it would be best to consult with a California-licensed attorney specializing in firearms law.
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