A reply to questions on illegal aliens with DACA ability to qualify for a Georgia Weapons Carry License (WCL) from a Probate Judge in a Metro-Atlanta area county

“A person who is a non-immigrant alien – like someone who is here on some type of temporary status, be it for school or work – can qualify for Weapons Carry License provided they are in good standing with ICE and can show they meet one of the exceptions found at 18 U.S.C. §922(y)(2), one of which would be a person holding a valid hunting license. I’m not sure what a person who is a DACA recipient is categorized as, but if it’s a non-immigrant alien then I would assume they could receive a WCL (provided the exception is shown).”

And

“For us, it all depends on what information we are provided by ICE. When a person comes in to apply for a WCL and they are NOT a U.S. citizen (such as a permanent resident or a non-immigrant alien), we are required to run a check through ICE to determine that person’s status. If ICE says they are not here legally or they are subject to deportation proceedings, they are not issued a WCL because they are not able to possess or ship a weapon in interstate commerce and are, thus, prohibited from receiving a WCL pursuant to O.C.G.A. §16-11-129(b)(2)(E) . If ICE says they are a non-resident alien validly here, then we don’t issue them a WCL unless they show that they meet one of the exceptions under 18 U.S.C. §922(y)(2) – which would realistically only be a person possessing a valid hunting license. I don’t know how ICE categorizes DACA cases in terms of these searches – I only know the information they give me on whether their status is as far as ICE is concerned.

I should add that I look at every application of a person who is not a U.S. citizen and can say that, in my 11 + years as judge, I can count on one hand the number of non-resident aliens that have applied for and received a WCL. In fact, I think there have only been two – one guy from the UK and one guy from Italy. There may have been others who have applied but either did not qualify because ICE said they weren’t here legally or they did qualify but have never shown they have met one of the exceptions (such as providing a hunting license).”