Skip to comments.Federal Appeals Courts Say Illegal Aliens Have No 2nd Amendment Gun Rights
Posted on 05/11/2012 7:53:12 AM PDT by Sasparilla
The Tenth Circuit Court of Appeals has agreed with the Fifth Circuit Court this week in ruling that Illegal aliens have no right to own or possess a firearm while being here. The Firth Circuit had said earlier that illegal immigrants are not part of the "people" protected by the Second Amendment and have no constitutional right to bear arms.
Emmanuel HuitronGuizar entered a conditional guilty plea to being an illegal alien in possession of firearms. He was sentenced to 18 months in prison, and then will be deported when he finishes the sentence.
According to the Court's opinion, Mr. HuitronGuizar was born in Mexico and brought to Wyoming at age three. In March 2011, officers executed a warrant on his home and discovered three firearmsa 7.62x39mm rifle, a 12gauge semi-automatic shotgun, and a Smith & Wesson semi-automatic pistol. They learned from his sister that Mr. HuitronGuizar, now 24 years old, was, unlike her, not a U.S. citizen.1
He argued to the Court that his conviction for illegal possession of firearms violated his Second Amendment Rights as interpreted by the Heller decision that the, Second Amendment protects an individual right to possess a firearm, unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, like self-defense within the home.1
The Court pointed out to Mr. Huitron-Guizar that, no right is absolute. The right to bear arms, however venerable, is qualified by what one might call the who, what, where, when, and why. For instance, it is unlawful to knowingly receive guns with obliterated serial numbers A juvenile, with some exceptions, cannot possess a handgun . An airline passenger may not carry aboard a concealed firearm Nor may a drug dealer use or carry a weapon to protect his stash 1
The Court then turned...
(Excerpt) Read more at secondamendmentfreedom.blogspot.com ...
Works for me.
Nor should they have any right to vote, which Obama is about to try and give them.
As such, I wonder why the case could not be cited to kick illegal aliens off government freebies intended for citizens and lawful residents.
Great, now we will hear the chant of racism from the leftist aka progressives.
I can’t agree with the court here... the right to bear arms is a natural right, not conditional on being a U.S. citizen. The perp’s real problem is that he’s a foreign invader, and he should be deported for that after any punishment for crimes committed here in the States, but simple possession of a firearm shouldn’t be one of those crimes.
Now should come the question: If illegals have no 2nd Amendment rights, what other Constitutional rights do they not have? Come on, courts, we await your pronouncement!
How come an American citizen convicted of a felony is not allowed to possess a firearm, but an illegal alien is even considered to do the same?
I would like to see the explanation of that one from the illegals lawyer.
Mr. Holder winks to Illegal aliens.
He is an enemy combatant waging an illegal war against the citizens of the US, sanctioned by his government.
An Illegal Alien has his other constitutional rights in tact. Aside from being detained for the immigration violation he cant be arrested without a charge, cant be held without bail, cant search and seize his property without due process and so son.
The 9th Amendment says these rights are natural rights. If we are going to say the 2nd amendment civil rights do not apply, then should all civil rights protected by the Constitution be stripped? Is it all or nothing?
We tell convicted felons they still have some constitutional rights, but not others.
I think the best solution it to deport them and keep them out.
Now, if they can PROPERLY interpret the 14th Amendment, to remove Anchor Babies of Foreigners from automatic Citizenship, then we have something correct.
Good point. Right now we have to provide them with K-12 schooling (including ESOL assistance, meals, etc.) and free heath care thru our ERs, both the result of SCOTUS decisions.
Illegal aliens in the US should have the same rights as felons who have escaped from prison.
“The 9th Amendment says these rights are natural rights. If we are going to say the 2nd amendment civil rights do not apply, then should all civil rights protected by the Constitution be stripped? Is it all or nothing?
We tell convicted felons they still have some constitutional rights, but not others.”
And right there is where, in my opinion, gov’t is wrong. Lose your rights while in prison; they should immediately be reinstated upon release, otherwise, keep ‘em locked up.
Either they are all God given rights, or gov’t privileges; they cannot be both.
Yeah, I’m with you. I’m wondering if there is similar reason that can be used to attack citizen gun-owners.
It is no different they someone breaking into your house, in the house he has no right to a gun nor the use of a gun because he already committed the crime of breaking into your home. His initial action removed his right to a firearm and or its use. Having a gun at that point only makes the punishment more severe.
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