Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

[Moon]

Illegal migrants do not have the right to bear arms under the Second Amendment, a federal appeals court in New Orleans has ruled, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun and argued that the ban was unconstitutional.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled on Tuesday that federal prohibitions on illegal immigrants owning firearms was lawful, and Second Amendment rights do not apply to those who have entered the country illegally.

The ruling came in an appeal by Jose Paz Medina-Cantu, who had been arrested by Border Patrol agents in Texas in 2022 and charged with illegally possessing a handgun and unlawfully re-entering the country after being previously deported.

Medina-Cantu pleaded guilty and was sentenced last year to 15 months in prison, but he preserved the right to argue on appeal that the gun charge violated his right to keep and bear arms under the Second Amendment.

Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

A a federal court ruled that Illegal migrants do not have the right to bear arms under the 2nd Amendment, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun.

www.foxnews.com

So now the issue will become which constitutional rights do illegal aliens have and do not have.

 

[BirdinHand]

Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

A a federal court ruled that Illegal migrants do not have the right to bear arms under the 2nd Amendment, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun.

www.foxnews.com

So now the issue will become which constitutional rights do illegal aliens have and do not have.

Bigger than that - citizens vs. non-citizens.

That’s also your legal visa and green card holders.

(Can’t read the article because they want me to sign up for an account)


Quite a can of worms they’re opening…

 

[Moon]

Bigger than that - citizens vs. non-citizens.

That’s also your legal visa and green card holders.

(Can’t read the article because they want me to sign up for an account)


Quite a can of worms they’re opening…

Here’s another paragraph that explains it some:

"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," U.S. Circuit Judge James Ho, a conservative appointee of Republican President Trump, wrote in a concurring opinion.

I think that concept has merit, but what are the limits? Does someone here illegally no longer have a right to due process or an attorney? I doubt we’ve heard the end of this issue.

 

[CLAX1911]

Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

A a federal court ruled that Illegal migrants do not have the right to bear arms under the 2nd Amendment, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun.

www.foxnews.com

So now the issue will become which constitutional rights do illegal aliens have and do not have.

This is an interesting one I feel I'm going to have to disagree with it. Because they're not allowed to just arrest an illegal alien for speaking publicly are not allowed to search their home or their person without a warrant unless it's for drugs.

Constitution doesn't Grant rights it limits government and if government thinks they can start pushing around illegals because they're people and they were endowed with the same rights as everyone else by their creator then there's a problem.

If you want to prosecute them for being here illegally 100% support that. If you want to say that they're not the same as everyone else because they're lesser people no.

We held these truths to be self-evident that all mankind is endowed with rights by virtue of birth not citizenship.

I want to stop illegal aliens from entering my country I went to prosecute them for doing it illegally but I don't want to sacrifice rights to do it.

This I'm going to have to disagree with.

 

[Nickyjo]

Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

A a federal court ruled that Illegal migrants do not have the right to bear arms under the 2nd Amendment, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun.

www.foxnews.com

So now the issue will become which constitutional rights do illegal aliens have and do not have.

Good point. Do they have free speech rights, the right against self incrimination or double jeopardy, or the right to be free from cruel and unusual punishment? The New Orleans federal appeals court is pretty conservative, so it would be interesting to see how they would address my question.

 

[notquiteright]

Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

A a federal court ruled that Illegal migrants do not have the right to bear arms under the 2nd Amendment, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun.

www.foxnews.com

So now the issue will become which constitutional rights do illegal aliens have and do not have.

No, it doesn't open any discussion on Constitutional Rights. To quote 'Talking Heads'- same as it ever was....
A foreigner tried a tRump move but lacking a cult following was quickly shut down. Swift Justice...

 

[CLAX1911]

Bigger than that - citizens vs. non-citizens.

That’s also your legal visa and green card holders.

(Can’t read the article because they want me to sign up for an account)


Quite a can of worms they’re opening…

And I think it's constitutionally unwarranted.

I think this is a violation of one of the founding principles of the country. I think the rights that Americans have protection from the government for should be universal worldwide. It's just that other places have less limited government.

 

[BirdinHand]

Here’s another paragraph that explains it some:



I think that concept has merit, but what are the limits? Does someone here illegally no longer have a right to due process or an attorney? I doubt we’ve heard the end of this issue.

I agree. I think this is opening a much bigger can of worms that could have some impactful ramifications.

Does a student visa holder attending a university have freedom of speech?

 

[CLAX1911]

Good point. Do they have free speech rights, the right against self incrimination or double jeopardy, or the right to be free from cruel and unusual punishment? The New Orleans federal appeals court is pretty conservative, so it would be interesting to see how they would address my question.

Yes they do within their protection of the US our government should recognize those limits. It doesn't matter if they're illegally here or not. If you want to reduce illegal aliens I agree prosecute them for entering the country illegally. But when it comes to rights without shall not touch. A government that thinks they can do that will start doing it to everyone else this is just the first step.

 

[BirdinHand]

We held these truths to be self-evident that all mankind is endowed with rights by virtue of birth not citizenship

Is it?

Good point. Do they have free speech rights, the right against self incrimination or double jeopardy, or the right to be free from cruel and unusual punishment? The New Orleans federal appeals court is pretty conservative, so it would be interesting to see how they would address my question.

I tend to agree.

 

[Bok Tuklo]

Talk about an immovable object meeting an unstoppable force for Republicans. Fetish v fetish. Do they love guns more than they hate deportable aliens?

 

[CLAX1911]

Is it?

According to the philosophy which created the Constitution yes. The only thing that makes the us different is it that were limits placed on the government.

This is a more philosophical relevant things but I would argue if everybody regardless of national origin does not have the same rights than nobody does. It's just a privilege afforded to citizens and their limited to the point where they can no longer be afforded to you anymore this is dangerous.

So philosophically yes I could probably pontificate on this for hours but I'll keep it short

 

[CLAX1911]

Talk about an immovable object meeting an unstoppable force for Republicans. Fetish v fetish. Do they love guns more than they hate deportable aliens?

No I don't necessarily want to deport aliens there are people who are considered alien that are legally here that's okay. The only problem I have is illegal aliens with it's not because they're aliens it's because of they are illegal. That means they committed a crime to be here.

Are you pro crime?

 

[Moon]

Talk about an immovable object meeting an unstoppable force for Republicans. Fetish v fetish. Do they love guns more than they hate deportable aliens?

It’s more of a constitutionally protected rights issue. Wondering if you’ll eventually get around to discussing the topic, or just continue lobbing nonsense from the sidelines.

 

[Nickyjo]

No I don't necessarily want to deport aliens there are people who are considered alien that are legally here that's okay. The only problem I have is illegal aliens with it's not because they're aliens it's because of they are illegal. That means they committed a crime to be here.

Are you pro crime?

Do employers commit crimes by hiring them?

 

[Peter]

Illegal migrants do not have gun rights protected by 2nd Amendment: federal appeals court

A a federal court ruled that Illegal migrants do not have the right to bear arms under the 2nd Amendment, rejecting arguments by a Mexican man who was convicted of illegally possessing a handgun.

www.foxnews.com

So now the issue will become which constitutional rights do illegal aliens have and do not have.

I'm not going to even try and argue this as I'm nowhere near qualified but does the Constitution say the right to have guns is for everyone in the US?

It's an interesting question of law.

If I travelled to the US on holiday would I be able to buy a gun for example?

 

[CLAX1911]

Do employers commit crimes by hiring them?

No. It's not a crime to hire people to work for you.

 

[Bok Tuklo]

It’s more of a constitutionally protected rights issue. Wondering if you’ll eventually get around to discussing the topic, or just continue lobbing nonsense from the sidelines.

Rights are abstract, political constructs used to help large groups manage their affairs effectively. They are not given by God. They are given by your neighbors. Or, in the case of the United States, given and taken away by 5 people in black robes.

For my part, I have no problem with firearm possession being limited to citizens. Who knows what whim the Supreme Court will follow. I am guessing they hate deportable aliens more than they love guns so will probably side with the State on this one. But they are fickle, capricious, and often incoherent so no telling.

 

[Anagram]

No. It's not a crime to hire people to work for you.

It certainly can be. Title 8 U.S.C §1324 a(a)(1)(A)(3)

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

www.law.cornell.edu

 

[Kblaster49]

No. It's not a crime to hire people to work for you.

It is a crime to hire an undocumented immigrant.
Choose your source from the google link I have thoughtfully provided for you.

is it a crime to hire an undocumented immigrant - Google Search

 

[Moon]

Rights are abstract, political constructs used to help large groups manage their affairs effectively. They are not given by God. They are given by your neighbors. Or, in the case of the United States, given and taken away by 5 people in black robes.

For my part, I have no problem with firearm possession being limited to citizens. Who knows what whim the Supreme Court will follow. I am guessing they hate deportable aliens more than they love guns so will probably side with the State on this one. But they are fickle, capricious, and often incoherent so no telling.

So lobbing nonsense from the sidelines.

 

[rahl]

Bigger than that - citizens vs. non-citizens.

That’s also your legal visa and green card holders.

(Can’t read the article because they want me to sign up for an account)


Quite a can of worms they’re opening…

Non citizens are able to purchase and own firearms in the US.

 

[CLAX1911]

It certainly can be. Title 8 U.S.C §1324 a(a)(1)(A)(3)

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

www.law.cornell.edu

So if you don't ask and hire them you have plausible deniability?

 

[SNOWFLAKE]

I have no problem with this ruling, let established white male citizens engage in all the mass shootings.

 

[CLAX1911]

It is a crime to hire an undocumented immigrant.
Choose your source from the google link I have thoughtfully provided for you.

is it a crime to hire an undocumented immigrant - Google Search

Knowingly. If you seek out only illegals to hire then yes. If I hire a guy to cut down a tree or mow my lawn or paint my house I don't ask that kind of stuff.

Just how much and when. So I'm correct it isn't a crime to hire illegal aliens it's a crime to knowingly hire them.