Posted on 08/30/2024 8:13:07 PM PDT by SeekAndFind
On Tuesday, a federal appeals court in New Orleans ruled that illegal aliens do not have the right to bear arms under the Second Amendment, due to the fact that they are not American citizens.
As reported by Fox News, a three-judge panel of the 5th U.S. Circuit Court of Appeals determined that federal law prohibiting illegal aliens from owning firearms is legal, as the Constitution does not apply to anyone who has entered the United States illegally.
The decision came as the result of an appeal by an illegal alien named Jose Paz Medina-Cantu, who had been arrested in Texas in 2022 by the Border Patrol. He was charged with illegal possession of a handgun, and illegally re-entering the country after having already been deported.
Although he pleaded guilty to the charges, his lawyers argued during his appeal that the gun charge was a violation of his Constitutional rights. In their appeal, the lawyers cited the landmark Supreme Court decision in the 2022 case New York State Rifle and Pistol Association v. Bruen, where the court ruled in a 6-3 majority that Americans do not have to provide a reason when seeking a concealed-carry permit. This ruling has led to numerous anti-gun laws across the country being challenged in court, with many being overturned based on Bruen’s precedent.
After hearing the appeal of the illegal’s lawyers, the three-judge panel ruled that the rights granted to American citizens by the Constitution do not apply to illegals.
“The Second Amendment protects the right of ‘the people’ to keep and bear arms. Our court has held that the term ‘the people’ under the Second Amendment does not include illegal aliens,” said U.S. Circuit Judge James Ho in a concurring opinion. “As to common sense, an illegal alien does not become ‘part of a national community’ by unlawfully entering it, any more than a thief becomes an owner of property by stealing it.”
“The Court has repeatedly explained that ‘an alien… does not become one of the people to whom these things are secured by our Constitution by an attempt to enter forbidden by law’… But that’s, of course, the very definition of an illegal alien – one who ‘attempts to enter’ our country in a manner ‘forbidden by law,’” Judge Ho continued. “So illegal aliens are not part of ‘the people’ entitled to the protections of the Second Amendment.’
Its a brilliant common sense analogy the court used to explain it. 1000% correct.
This analogy should be applied to squatters that break into others properties that are not abandoned, like having renovations done, or are a seasonal place, or are empty and in the process of being readied to sell, etc.
“WE THE PEOPLE” Isn’t all other peoples.
Why is this so hard?
This used to be the standard conclusion of any court.
Then the Left started watering down the concept of citizenship, intentionally conflating it with “resident” or even “person”.
And presto! Illegal aliens became “undocumented workers”, “unauthorized aliens”, and even “undocumented citizens”.
Words are malleable because they are imprecise. But a few things can and have been etched in stone: “the people” is a legal term for a group known as “citizens” and the qualification to be a “citizen” is spelled out in a number of documents starting with the Constitution as Amended.
It doesn’t include anyone who happens to be sauntering around on the soil known as “the United States and its Territories”.
But the people it DOES include are bound by a contract known as “The Constitution”....and their Rights as Citizens are spelled out there.
And the whole thing hangs together as Judge Ho logically concludes.
Leftist heads are exploding because of this.
Well, gee.
Then logically they have no rights under the USC...
...in a sane world.
“Words are malleable because they are imprecise.”
Yes, more so in younger languages.
The right to self defense is a God given right, like the right to life and the pursuit of happiness. Every human has these rights. They are not granted by laws or constitutions. This is the essence of the American Idea.
“The right to self defense is a God given right”
So if two divisions of the People’s Liberation Army sail into Long Beach Harbor and disembark in civilian clothing, carrying their QBZ-191’s and a back pack, are we obligated to let them come ashore and do what they please?
In their case “self defense” would include shooting back at any US military sent to oppose them. Would it be “Un-Constitutional” for the US military to shoot at them since they have this God given right?
Good and correct response. Nations set up their own limitations on what constitutes freedom of actions, otherwise there would be chaos. If the terrorists’ idea of persuing happiness is to knife innocent citizens on our streets, our nation is right to limit them via laws. Same goes for denying guns to illegal aliens invading our country. And we should have the right to deny life to them, but our lawmakers are weaklings about protecting citizens’ rights.
Every human has these rights. They are not granted by laws or constitutions. This is the essence of the American Idea.
The key word being there being American, which an illegal alien isn't. The rule of law is also the essence of the American Idea.
He can exercise those rights in his home country...if they're allowed to that is, and he can fight for it if it isn't, just like our forefathers did.
And what happens if someone is an atheist? /sarcasm
Damn straight, and those words should be used to end the entire nonsense of bennies for illegals, access to jobs, health care, and housing, etc.
But convicted felons lose many of their rights. They're put in prison, lose the right to vote, the right to bear arms, etc.
Illegals are might not be convicted felons, but they are criminals.
They are in the midst of committing a crime, the entire time they are here.
Do you believe thieves have the right to defend themselves in the commission of a crime, by killing a cop trying to kill them? You honestly believe they can kill anyone trying to stop them from their crime, even when someone is in the process of killing others?
We don’t even let American citizens use guns to defend themselves while committing crimes, but you think an illegal can defend themselves the whole time they are here, committing a crime?
Don’t stop with 2! Deny the rest!
So, they can’t buy guns here to kill us with? They’ll have to BYOG’s?
How would liberals defend illegal aliens having 2nd Amendment rights when for years, no, DECADES, they have been calling for the dis-arming of American citizens and the elimination of said Second Amendment?
It’s late, I proofread my work six times, and only after I posted it did I see that.😖 Good Night All…….
Athtiest or no, the rigbt to keep and bear arms
is not a brunt of sarcsastic circumstance.
Where doès allengcy lay in support of said
ammentment?
So, using that logic, borders and laws should be disregarded entirely?
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