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In my state of Massachusetts, before being able to purchase any firearms, you must obtain a Firearms Identification (FID) license or a License to Carry (LTC).

Suppose that someone is in the process for applying for an FID, which according to our general law (140 S 129B) is a "shall issue" license.

Suppose that this person was born in Germany and immigrated to the United States at a very young age. Once the applicant's parents obtained citizenship through naturalization, the applicant was also given citizenship because s/he was under 18 and their child. The applicant's clearest proof of citizenship is having a US passport.

A town official tells the applicant that because s/he was born in Germany, they required a certificate of naturalization. When asked if a passport would be accepted instead, the police officer strangely stated that it could not be accepted because a passport has an expiry date. Furthermore, the police department's page for firearms licensing states:

For a Firearms Identification Permit (FID):

...

A naturalized citizen within the above age restrictions (applicant must present proof of naturalization); and ...

There is the option of filing for a Certificate of Citizenship (Form N-600), however the average processing time for these applications is over a year. Everyone has a right to bear arms guaranteed by the second amendment and this is a "shall issue" firearms license. It seems quite insane to me that a person would need proof of naturalization despite being a US citizen.

Is this legal? Can the applicant do anything besides applying for an N-600?

phoog
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Rob Gates
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1 Answers1

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The police are mistaken because they don't understand immigration law.

Usually, the first step to resolve this problem would be to explain the situation in a letter to or telephone call with the town attorney, elevating it from a police officer who has no training in citizenship and naturalization paperwork, to an attorney, who should either know better, or should be able to find out more easily.

ohwilleke
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