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Federal Appeals Courts Say Illegal Aliens Have No 2nd Amendment Gun Rights
secondamendmentfreedom.blogspot.com ^ | 05/11/2012

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 Huitron–Guizar 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. Huitron–Guizar was born in Mexico and brought to Wyoming at age three. In March 2011, officers executed a warrant on his home and discovered three firearms—a 7.62x39mm rifle, a 12–gauge semi-automatic shotgun, and a Smith & Wesson semi-automatic pistol. They learned from his sister that Mr. Huitron–Guizar, 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 ...


TOPICS: Government; Politics
KEYWORDS: aliens; banglist; illegalaliens

1 posted on 05/11/2012 7:53:17 AM PDT by Sasparilla
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To: Sasparilla

Works for me.


2 posted on 05/11/2012 7:54:38 AM PDT by E. Pluribus Unum (Do I really need a sarcasm tag? Seriously? You're that dense?)
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To: Sasparilla

Nor should they have any right to vote, which Obama is about to try and give them.


3 posted on 05/11/2012 7:54:55 AM PDT by chris37 (Heartless.)
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To: Sasparilla
It sounds like the long form opinion rendered by the court was both sound and logical.

As such, I wonder why the case could not be cited to kick illegal aliens off government freebies intended for citizens and lawful residents.

4 posted on 05/11/2012 7:59:10 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Sasparilla

Great, now we will hear the chant of racism from the leftist aka progressives.


5 posted on 05/11/2012 7:59:37 AM PDT by DMG2FUN
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To: Sasparilla

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.


6 posted on 05/11/2012 8:00:46 AM PDT by kevkrom (Those in a rush to trample the Constitution seem to forget that it is the source of their authority.)
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To: E. Pluribus Unum

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!


7 posted on 05/11/2012 8:01:24 AM PDT by spaced
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To: Sasparilla
In as much as the right to self defense is a God given right, I would argue they do have a right to bear arms. Just not here. It's a matter they need to take up with the governments in their native countries.
8 posted on 05/11/2012 8:03:36 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Sasparilla

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.


9 posted on 05/11/2012 8:04:03 AM PDT by Texas resident (November 6 - Vote Against obama)
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To: Sasparilla
Friggin' racists!
10 posted on 05/11/2012 8:05:49 AM PDT by laweeks
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To: kevkrom

Good points.


11 posted on 05/11/2012 8:12:04 AM PDT by Lancey Howard
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To: Sasparilla

Mr. Holder winks to Illegal aliens.


12 posted on 05/11/2012 8:24:30 AM PDT by Vaduz
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To: Sasparilla

He is an enemy combatant waging an illegal war against the citizens of the US, sanctioned by his government.


13 posted on 05/11/2012 8:24:32 AM PDT by pallis
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To: Sasparilla
I disagree, or I at least am willing to debate the idea a little. I do not want armed illegal aliens here, that is a fact, but I am not to quick to side with the courts that limit gun rights.

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.

14 posted on 05/11/2012 8:30:26 AM PDT by GregoTX (Federalist)
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To: Sasparilla
That's a Start....

Now, if they can PROPERLY interpret the 14th Amendment, to remove Anchor Babies of Foreigners from automatic Citizenship, then we have something correct.

15 posted on 05/11/2012 8:56:20 AM PDT by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: spaced

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.


16 posted on 05/11/2012 8:57:19 AM PDT by kabar
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To: All

Illegal aliens in the US should have the same rights as felons who have escaped from prison.


17 posted on 05/11/2012 9:56:28 AM PDT by BushMeister ("We are a nation that has a government - not the other way around." --Ronald Reagan)
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To: GregoTX

“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.


18 posted on 05/11/2012 10:45:01 AM PDT by i_robot73
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To: Joe 6-pack

Yeah, I’m with you. I’m wondering if there is similar reason that can be used to attack citizen gun-owners.


19 posted on 05/11/2012 10:51:01 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: kevkrom

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.


20 posted on 05/11/2012 11:04:22 AM PDT by Ratman83
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To: kevkrom

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.


21 posted on 05/11/2012 11:04:22 AM PDT by Ratman83
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To: Ratman83; kevkrom

Sorry for the double post.


22 posted on 05/11/2012 11:06:12 AM PDT by Ratman83
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To: Sasparilla

Looks like somebody actually remembered that the Constitution is reserved for American citizens. Wow.


23 posted on 05/11/2012 11:16:00 AM PDT by Crucial
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To: Sasparilla
The should not have any rights of citizenship under the Bill of Rights - they are not citizens. Why did it take this long for a course to see something this obvious?

Who is entitled to the Rights of Citizenship?

Who is buried in Grant's Tomb?

24 posted on 05/11/2012 11:40:45 AM PDT by 5thGenTexan
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To: Sasparilla
The should not have any rights of citizenship under the Bill of Rights - they are not citizens. Why did it take this long for a course to see something this obvious?

Who is entitled to the Rights of Citizenship?

Who is buried in Grant's Tomb?

25 posted on 05/11/2012 11:40:57 AM PDT by 5thGenTexan
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To: E. Pluribus Unum

They can cancel out my vote, replace my kid in school, take my job, but no gun.

This is the backdoor to taking citizens’ guns.


26 posted on 05/11/2012 2:27:14 PM PDT by donna (The fruits of Feminism: Angry fathers, bitter mothers, fat kids and political correctness.)
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