Posted on 08/26/2015 3:47:18 AM PDT by Sir Napsalot
In a case regarding a specific gun control law which bans “unauthorized aliens” (illegal immigrants) from possessing firearms in the United States, the U.S. Court of Appeals for the Seventh Circuit did the work of a contortionist by upholding the law while also pointing out that they “see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded.”
In a word—illegal immigrants have Second Amendment rights too.
The case was titled United States v. Meza-Rodriguez, and the decision was handed down on August 20.
(snip)
As for the background to the case, Wood explained that “Mariano Meza-Rodriguez, a citizen of Mexico, was arrested in August 2013… [and found to be] carrying a .22 caliber cartridge.” Because he did not have “documentation” to show that he was in the United States lawfully, he was charged as being in violation of 18 U.S.C. § 922(g)(5), which forbids illegal immigrants from possessing firearms in the United States.
Meza-Rodriquez was indicted. He then challenged the indictment by claiming “§ 922(g)(5) impermissibly infringed on his rights under the Second Amendment to the Constitution.” The U.S. District Court for the Eastern District of Wisconsin rejected Meza-Rodriquez’s claim, thereby upholding the indictment. He appealed the District Court’s decision, thus bringing the case to the 7th Circuit.
In working through the case, Wood indicated that certain aspects of the language in District of Columbia v. Heller (2008) support the view “that all people, including non-U.S. citizens, whether or not they are authorized to be in the country, enjoy at least some rights under the Second Amendment.”
(Excerpt) Read more at breitbart.com ...
Does this mean that citizens will also get second amendment rights? I live in Mass. so I might benefit.
I agree that all people have a God given right to protect themselves.
That being said, only Americans are protected by our constitution...
...... the uninvited are criminals and to be treated as such
They are entitled to the rights that the creator has endowed us... Not just americans my FRiends... Thou shalt not be infringed.
There will be a lot of people who claim to be second amendment supporters but will fall short on this.
What does possession of a .22 cartridge really mean? This is stupid.
He is an illegal trespasser and should be deported on that alone. The ammunition is irrelevant to this case, but they are trying to make it as more important than the trespassing.
All men are created equal.
I do not recall the word ‘americans’ being specified in our founding docs.
Consistent with the goal of taking away the right to bear arms from the law abiding white man, but allowing - even encouraging - the outlaws to carry multiple weapons.
NWO 101.
So you’re an open borders guy huh?
The logical extension of that argument could be that it is unconstitutional to prosecute someone for armed robbery. They can be charged with robbery if they have been caught robbing someone, but there would be no distinction under the law whether the crime was committed with or without a gun. Wouldn’t that be the case?
>>> They are entitled to the rights that the creator has endowed us... Not just americans my FRiends
The God given right to protect oneself does not come from the government.
But illegal immigrants do not enjoy the protection of our Constitution, including the Second amendment. Once you broke the law, you should be treated as a felony.
“Does this mean that citizens will also get second amendment rights? I live in Mass. so I might benefit.”
I am sure the leftists will read the Second Amendment so it does not apply to mere law-abiding citizens but Mexican gangs and Islamic terrorists will have the “right” to machine guns and RPGs. The left is going from the subversive phase to an open violent revolutionary phase and gangs and terrorists will be useful troops for them.
I agree. He could have picked that up from the side of the road. Just deport him.
That being said, why does the guy in the photo have his finger on the trigger?
That’s what jumped out to me as well.
Possession of a cartridge, a .22 at that, is enough to be charged for having a firearm? This is layers of absurdity.
This is a political agenda in action.
The liberal prosecutors see nothing wrong with being illegal, but everything wrong with possessing ammunition.
DUI has been made horrible. But try DUI while in possession of a firearm. It is magnified 1000x
We don't know the whole background, including the circumstance of his arrest. (Maybe the guy tossed the firearm away, maybe his buddy had the firearm, etc.)
Maybe the judge(s) didn't like Heller decision, and decided to use this case to expand bench activism. Wood wrote:
In a post-Heller world, where it is now clear that the Second Amendment right to bear arms is no second-class entitlement, we see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded. No language in the Amendment supports such a conclusion, nor, as we have said, does a broader consideration of the Bill of Rights.Which is in direct violation of 18 U.S.C. § 922(g)(5), which forbids illegal immigrants from possessing firearms in the United States.
In other words, the entire Bill of Rights applies to illegals.
It is hard to dispute some of this because we grant illegals a trial by their peers, search & seizure rights, etc.
The same goes with civil courts. An illegal alien by definition should have no standing to file a lawsuit in a civil court except for limited circumstances involving legal proceedings related to his or her immigration process.
If Donald Trump were to stand up tomorrow and suggest these measures, his popularity would go through the roof and his GOP opponents would have to either step up to the table and match his ideas, or drop out of the race.
...we see no principled way to carve out the Second Amendment and say that the unauthorized ...are excluded...
Looks like this Court decision could be used for the people in oppressive gun law states that carve up the Second Amendment, liberal bastions on the east and left coasts. Since this is a 7th Circuit Case, it is binding only in 7th Circuit states.
The Second Amendment only protects an existing natural right, it doesn’t establish or grant it. Every person anywhere in the world is born with the right to keep and bear arms, the only question is how badly that right is trampled by government.
I’m in favor of repeal of every last part of 18 USC 922, except where a suspected or convicted criminal has been stripped of his or her rights through the due process of law - why isn’t every pro-gun person as well?
"Fast and Furious" style manipulation? The hope that "legally" armed criminal illegals committing murder and mayhem within our borders will strengthen support for gun control?
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