Florida Gov. Ron DeSantis: 2nd Amendment does not apply to Saudi Arabians

[TGS]

It’s an odd scenario. A foreign military service member here to attend training, and presumably living on a U.S. military base? I’d suppose that training exceeding 90 days would be some kind of Visa situation, but what was it, an H-3? Presumably it was a nonimmigrant visa, so he’d be a prohibited person under GCA ‘68?

More than likely an A-2 as it was for official government work. It's actually a quite common scenario, not odd at all....we train a ton of military officers from foreign nations, particularly for general leadership courses and highly technical courses that are resource heavy, like pilots. When I was in the marines, I went through training with Saudis, Kuwaitis, Turkish, Colombians, Belizians, Ghanaians, Liberians, Zambian, Filipino, and to a lesser extent South Koreans, Taiwanese, French, and so on.

See prior posts about why he wasn't a prohibited person.

[HCM]

It’s an odd scenario. A foreign military service member here to attend training, and presumably living on a U.S. military base? I’d suppose that training exceeding 90 days would be some kind of Visa situation, but what was it, an H-3? Presumably it was a nonimmigrant visa, so he’d be a prohibited person under GCA ‘68? Hmph. I’m off the clock, but now I need to know.

Foreign military students enter the US as A-2 non- immigrants. An A-2 Is a foreign government official, on official business who is neither a diplomat nor holds diplomatic immunity. They are admitted to the United States for duration of status. That status being determined by their military orders which they are required to present along with their passport and visa.

Most foreign military students have some level of English proficiency but the vast majority begin by attending the English as a second language program at D Defense language Institute in San Antonio Texas. Once their English language skills are considered sufficient for the program they are to attend they are then sent on for their individual military specialty training. This can range from pilot training, aviation maintenance and crew chief training, to Ranger school.

If they flunked out or are kicked out of US military training their orders are revoked and they are required to leave the United States immediately. If they fail to do so they can be arrested and placed in deportation proceedings Since they are lawful immigration status is predicated on their military orders.

The 90 day thing has nothing to do with foreign government officials. There is a visa waiver program for persons from friendly first world countries which lets them come in for trips less than 90 days for tourism or “business.” There are specific definitions for business which include not being paid in the US for work performed In the United States. The legal definition of business for immigration purposes also specifically excludes certain activities which require their own specific visas for national security purposes. These include foreign government officials including military members on official business, journalists, and a few others.

[TGS]

Foreign military students enter the US as A-2 non- immigrants. An A-2 Is a foreign government official, on official business who is neither a diplomat nor holds diplomatic immunity.

Point of order: An A2 is the standard visa issued to any diplomat who is not a principle officer, and diplomatic immunity is granted based on their accreditation to the United States through the State Department.

[HCM]

When Congress starts changing gun laws, beware. There are at least 100's of 1000's of guns floating around, and many are available with no questions asked. The Saudi passed his nation's screening before coming here. Most likely our nation conducted a security check. A law regardless of wording would not have prevented the shooting.

For the purposes of federal gun laws this Saudi was an alien lawfully admitted pursuant to a non-immigrant visa who also acquired a US hunting license. Nothing else is relevant to his vetting.

I’m not against foreign nationals coming here to hunt, target shoot, or even the gun tourism you see the Japanese engaging in Guam and Hawaii. But it’s a big world out there and there are plenty of people who mean us harm. Everyone of the 9/11 hijackers enter the US legally with a non-immigrant visa. Unless a foreign national is a match to some sort of national security record, the primary screening for US versus hast to do with whether someone has financial means and whether their financial situation would make them more or less likely to want to stay in the US illegally after entering. The state department hires third country nationals to help do background checks and they try to check local law-enforcement and security records but that is a very arbitrary process.

Do we really want a foreign national we know nothing about to be able to buy a gun and walk out of the store with it? What’s really surprising is that something like Pensacola has not occurred along time ago.

[HCM]

Point of order: An A2 is the standard visa issued to any diplomat who is not a principle officer, and diplomatic immunity is granted based on their accreditation to the United States through the State Department's Office of Foreign Missions.

If they’re not on the blue list they ain’t shit.
.

[TGS]

If they’re not on the blue list they ain’t shit.
.

Blue list?

I'm not familiar with that term. The only people get A1 visas are the Consul Generals, Ambos, ministers or heads of state.

Everyone working at the embassies and consulates under them get A2s, and they absolutely have diplomatic technical or consular immunity if they're accredited to the US, regardless of them holding an A2 visa.

[HCM]

Blue list?

I'm not familiar with that term. The only people get A1 visas are the Consul Generals, Ambos, or heads of state.

Everyone working at the embassies and consulates under them get A2s, and they absolutely have diplomatic technical or consular immunity if they're accredited to the US, regardless of them holding an A2 visa.

The blue list is the list of people the US accredits as actual diplomats.

[TGS]

The blue list is the list of people the US accredits as actual diplomats.

Ah, ok. We don't call it that.

I was just trying to point out that diplomatic immunity is not tied to the visa. An A2 can be a diplomat with immunity, an official without immunity, or even an unaccredited diplomat without immunity.

[TDA]

Thanks, TGS and HCM! My immigration law experience is old, entirely civil, and pretty much not applicable. I appreciate the concise briefing.

I was thinking the scenario was odd in terms of a nonimmigrant visa holder purchasing a firearm with the (Presumed?) expectation of taking it back to Saudi. Or not.

[BigT]

Because of course someone who's planning a mass murder will be stopped in their tracks when they discover they can't legally possess a firearm.