Posted on 08/27/2015 3:09:41 PM PDT by Red in Blue PA
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.
(Excerpt) Read more at breitbart.com ...
Spot on post.
Most rulings would not be made if in fact that was the case.
IMO you would need to convict them of a felony first. And I am personally not a fan of stripping people of rights in perpetuity. But anyway, someone illegally in the country would need to be arrested, charged and convicted of felony which is not necessarily as easy to do as it sounds. For example say the defendant pleads the 5th from the moment of arrest. The state needs to prove beyond reasonable doubt that he is not a citizen, illegally entered the country and so on. The state could not possibly prove that unless the defendant’s country of birth provided rock solid evidence against their own citizenry. That is politically impossible.
But you do raise an interesting concept. Take away all the race rhetoric and think about it different. What if all of a sudden the people streaming across the border didn’t speak Spanish but instead spoke Chinese. I wonder if the Democratic party would take the same line it takes now. Now add back in this idea that they can bring their guns with them, and as you imply they come in violation of the Geneva convention and wear civilian clothing. Interesting way to look at it.
words fail
To: 2ndDivisionVet
NOTHING is being done, once again, about voter fraud. The turd world invaders will be voting by 2016.
FEARLESS PREDICTION "Dreamers" will get voting rights, drivers licenses, tax breaks and DOJ mandated FAST TRACK FIREARMS PERMITS,and then you will have the "country within a country" they have conspired to create. (4 posted on March 31, 2015 at 4:46:18 AM EDT by Captainpaintball)
In California the traditional check for immigration was to arrest them. Allow family to bring documents. If they couldn’t, they were assumed Mexican nationals and sent back to Mexico.
This may be somewhat off, but we just didn’t stand still for it back in the 70s and 80s.
You were caught. You were out!
What’s wrong with that?
I appreciate your comments about armed foreign nationals. That seems pretty clear cut to me.
Well then, when the Chinese army comes to take over America, I guess because they have Second Amendment Rights now, we should not complain.
Our ruling class would not be doing so many foolish things if they were not so protected from the consequences of their bad decisions.
No entiendo señor yo trabajo para la mafia DC teniendo armas de fuego antiguas rotas a los niños necesitados.
¿es esto un problema?
después de todo es para los niños ...
Free hand guns for illegals as we deport them to Mexico
You know what is wrong with that. What if they arrested you. You could try to talk you way out of it. Heck that is what the TSA wants you to do at airports, and the CBP at all those checkpoints. Sound ‘merkin and they let you pass. But you have the 5th Amendment right to say nothing. And the burden is not on you to prove you are innocent. Oh sure, I bet 99% didn’t come close to asserting that type of right/defense. But imo it would work. The burden of proof and all that. Plus nowadays CA ain’t got nothin’ to say about it. But as another aside, I always felt FedGov was really screwed up in not reimbursing the costs they mandate we pay. CA, TX, AZ and many others pay billions and billion a year - health care, education, welfare, courts & prison costs make the bulk of the expenses - in consequence of a wanton neglect of the border and the immigration laws that the states are powerless to enforce by diktat.
I know my license and social security number by heart.
I know many of my credit card numbers and expiration dates by heart.
I could verify my status on the side of the road in the middle of the night wearing shorts with no pockets and a t-shirt.
They can’t.
no bic...
But you don’t have to. The burden is on the state to prove otherwise. You know that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.