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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
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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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