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Culture War Roundup for the week of September 22, 2025

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The story here is: illegal immigrant given job as head of DMPS. Apparently the weapons charge he had was bad enough that he was given a deportation order by the Biden administration in 2024. Maybe that was a legit gun charge?

The earlier weapons charge anyone has been able to find is a penny-ante summary offense about having a loaded deer rifle on the seat of his parked car. It's not clear whether that charge had anything to do with his deportation order, nor whether that is the February 5, 2020 weapons charge that ICE is claiming exists. ICE is implying he last entered the US in 1999 on a student visa, but this clearly isn't the case since he competed in the Sydney, Australia Olympics in 2000. It does seem clear that either ICE has screwed up big time, or Des Moines Public Schools has.

having a loaded deer rifle on the seat of his parked car.

Not aware of the law here: what's the legal status of illegal immigrants possessing firearms? IIRC In theory it was at least an ITAR issue for dumb reasons ("export") until the first Trump term when regular ol' guns left that list.

Not aware of the law here: what's the legal status of illegal immigrants possessing firearms?

Federally speaking, there's a specific statute prohibiting possession (or sale to) to illegal aliens, or to legal aliens on non-immigration visas (with a tiny number of exceptions not relevant here):

It shall be unlawful for any person... who, being an alien... is illegally or unlawfully in the United States... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The ATF has taken an unusually even-handed approach to this matter and does not consider the bare possession charge to apply to nonimmigrant aliens (though they can only purchase lawfully from private sellers), but it defines those who have overstayed their visa as specifically not in nonimmigrant status.

Theoretically speaking, this only applies to firearms or ammunition which has been shipped or transported in interstate/foreign commerce, but I wouldn't be my dog's life on the ATF making a distinction.

In practice, prosecutions are rare.

Constitutionally speaking, there's been some recent cases about how much the illegal immigrant must know that they are illegal, (caveat: I can't find if he was retried; the man was almost certainly guilty under the new standard of proof, but that doesn't always mean much). The prohibition itself hasn't made it to SCOTUS, but it's been pretty universally upheld by appeals courts. Some states prohibit possession by even federal-permitted lawful aliens (or even non-citizen US nationals), and those are on sketchier constitutional ground in my opinion, but they've also been difficult to challenge for procedural reasons.

Thanks!

I wonder what that means for the legality of the "I am visiting the US and want to shoot a gun" folks. I've seen billboard ads for "shoot a machine gun" in at least Vegas and some red-state cities.

I guess that might not be legal "possession", though.

Renting a gun at the range is legal and not considered possession as long as it stays at the range.

One of the nonimmigrant visa tiny exceptions is :

admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States.

It's... much easier to argue for recognized sports or permitted hunting than for machine gun tourism, though I'm not aware of any prosecutions in either case.

"sporting purposes"

"Why yes officer, there is a bullseye downrange somewhere. It's very rare one of our new shooters actually hits it, though."

I think it's complicated -- although in some cases having a hunting license makes it pretty OK. (Assuming he had one?)

Canadians deal with this all the time -- other than a hunting license in some state, if you have something like a letter of invitation to a pistol competition or something, maybe it's OK? I think there's some ITAR form that you might need to fill out for whatever guns you are bringing with you, but that wouldn't apply if he bought his hunting rifle in the US.

its quite possible Des Moines Public Schools has an unofficial policy of not complying with immigration law. there is presumably a lot of this going on in the private sector i guess it should not be surprising if its happening in the public sector as well. also this seems to be a failure of the federal government. the federal government is able to coerce banks into acting as policeman for all their crazy money laundering laws. if the federal government were seriously interested in cracking down on immigration then they could just coerce private and public employers in a similar manner.

Non-commandeering says otherwise, with respect to public officials.

Laid out in a case against commandeering local police to enforce federal gun laws, no less