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To: marktwain; All
I'm pro 2nd Amendment and I know that organizations like SAF and NRA are zealous to protect 2A. But there's something disturbing going on concerning ideas about the scope of 2A protections.

More specifically, when the slaves were freed and the 14th Amendment was made, lawmakers seemingly agreed that the Constitution's privileges and immunites protected only citizens, the freedmen therefore made citizens. In fact, have a look at the wording of both Sec. 1 of 14A and also an excerpt from the opinion of a Supreme Court case which clarified Sec. 1.

Based on the wording of the excerpts above, immigrants don't necessarily automatically have 2A protected rights imo.

On the other hand, the Supreme Court has officially clarified that the right to protect oneself with firearms is a natural right, 2A or no 2A.

"The second and tenth counts are equally defective. The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence [emphasis added]. The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in The City of New York v. Miln, 11 Pet. 139, the "powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," "not surrendered or restrained" by the Constitution of the United States." —United States v. Cruikshank, 1875.

So there is the paradox that immigrants have the natural right to protect themselves with firearms even though such rights are not protected by 2A which evidently protects only citizens.

Insights welcome.

7 posted on 07/05/2014 2:23:13 PM PDT by Amendment10
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To: Amendment10; All

The court decisions that I recall say that legal immigrants have the same rights as citizens to due process of law.

Unfortunately, the court has gutted the “privileges and immunities clause of the 14th amendment, and incorporated most of the bill of rights under the due process clause.


10 posted on 07/05/2014 2:46:35 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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