Second Amendment, Illegal Aliens, and Noncitizens More Generally...

[gdcleanfun]

[Eugene Volokh, October 14, 2008 at 7:23pm] Trackbacks
Second Amendment, Illegal Aliens, and Noncitizens More Generally:

U.S. v. Guerrero-Leco, 2008 WL 4534226 (W.D.N.C. Oct. 6, 2008), holds that the Second Amendment doesn't apply to illegal aliens. The court correctly declines to follow pre-Heller Fourth Circuit precedent that upheld the ban on illegal aliens' possession of guns, and instead reasons itself from Heller. The reasoning, unfortunately, isn't very detailed...click the link below for the reasoning...

The Volokh Conspiracy - Second Amendment, Illegal Aliens, and Noncitizens More Generally:

 

[Sheldon]

The US Constitution and the Bill of Rights were written with regard to the citizens of the United States, so basically in my opinion it does not apply to anyone not a citizen or here illegally.

 

[KimberRB]

Sheldon I could not agree with you more.

 

[boyzoi]

The US Constitution and the Bill of Rights were written with regard to the citizens of the United States, so basically in my opinion it does not apply to anyone not a citizen or here illegally.

100%:big_boss:

 

[tattedupboy]

[Eugene Volokh, October 14, 2008 at 7:23pm] Trackbacks
Second Amendment, Illegal Aliens, and Noncitizens More Generally:

U.S. v. Guerrero-Leco, 2008 WL 4534226 (W.D.N.C. Oct. 6, 2008), holds that the Second Amendment doesn't apply to illegal aliens. The court correctly declines to follow pre-Heller Fourth Circuit precedent that upheld the ban on illegal aliens' possession of guns, and instead reasons itself from Heller. The reasoning, unfortunately, isn't very detailed...click the link below for the reasoning...

The Volokh Conspiracy - Second Amendment, Illegal Aliens, and Noncitizens More Generally:

I'm of the opinion that the entire constitution, and not just 2A, applies only to citizens and legal residents, not illegals. As far as I'm concerned, illegals have no rights here.

 

[Sheldon]

To take this one step further... go to any other country in the world and expect or demand the same rights they grant their citizens and you will...
(1) get arrested and jailed with out any legal representation you did not supply...
(2) laughed at by their people and legal system...
(3) deported (if you are lucky) post haste...
(4) further if you are a illegal and are caught all of the above will apply even faster.

 

[mtndwell]

If they are illegal, they should not have any constitutional protection. They should be deported, like any other country in the world does. I don't know why it is OK to be an illegal, work in the US, and have 100 kids that we as tax payers have to support.

 

[Sheldon]

If they are illegal, they should not have any constitutional protection. They should be deported, like any other country in the world does. I don't know why it is OK to be an illegal, work in the US, and have 100 kids that we as tax payers have to support.

There is a short answerer for that question they are called liberals...:help:

 

[festus]

criminals do not get gun rights

The very act of crossing a Nation's border without consent is illegal. In many cases it can and will constitute other FELONY crimes.

Using another person's SSN or other ID to get a drivers license, or other benefits constitutes identity theft fraud.

Driving with out a license and proper insurance is against the law.

aiding and abetting others in a criminal act is also a felony in most places.

Harboring a criminal is also VERY BAD!

Why have we not figured this out and racked and stacked these charges to eliminate the problem of illegal acts?

 

[HK4U]

+1 to all of the above.

 

[tattedupboy]

If they are illegal, they should not have any constitutional protection. They should be deported, like any other country in the world does. I don't know why it is OK to be an illegal, work in the US, and have 100 kids that we as tax payers have to support.

Unfortunately, the 14th Amendment says that anyone born or naturalized in the U.S. is a citizen. So, if an illegal's kids are born here, they're entitled to everything that other U.S. citizens are.

 

[Oregon Vet]

Are you reading that correctly. Do NOT forget when the courts, regarding registering guns said. Anyone remember that?

You CAN go to jail IF you do NOT register your gun(s).

Criminals?

Ah, the court ruled that criminals do NOT have to register any guns THEY have BECAUSE that would be self incrimination.

How sick is that?

Criminals, in a lot of cases, have more benefits than a law abiding citizen does.

Those idiots above may be doing that. That the 2A doesn't apply to illegal aliens so they just MAY be ALLOWED to own guns.

Somehow, we are getting the WRONG people in our courts. It could be as simple as it seems for Obama, BUYING the vote of the poor people who do not work or contribute anything to the country in any way, shape or form.

Yeah, he's going the "FIX" the country, that is for sure. I don't know how many of us will be alive when the "fixing" is over though.

Any guesses if he gets in how many will die within the next couple years?

 

[HK4U]

Are you reading that correctly. Do NOT forget when the courts, regarding registering guns said. Anyone remember that?

You CAN go to jail IF you do NOT register your gun(s).

Criminals?

Ah, the court ruled that criminals do NOT have to register any guns THEY have BECAUSE that would be self incrimination.

How sick is that?

Criminals, in a lot of cases, have more benefits than a law abiding citizen does.

Those idiots above may be doing that. That the 2A doesn't apply to illegal aliens so they just MAY be ALLOWED to own guns.

Somehow, we are getting the WRONG people in our courts. It could be as simple as it seems for Obama, BUYING the vote of the poor people who do not work or contribute anything to the country in any way, shape or form.

Yeah, he's going the "FIX" the country, that is for sure. I don't know how many of us will be alive when the "fixing" is over though.

Any guesses if he gets in how many will die within the next couple years?

Criminals, in a lot of cases, have more benefits than a law abiding citizen does.
To most of the bureaucratic socialist elitist law abiding citizens are the criminals.

 

[wuzfuz]

Second Amendment & Illegal Aliens.

I worked for a sheriff's department in Arizona at one time as a jailer, prior to going to the field. One night when I reported to work, I found that the Dept of Public Safety (Highway Patrol,) had brought in three illegal aliens we were holding for INS. I went through my standard inventory of inmate accounts and property, so I would be familiar with who had what when released. I found three cheap .38 spl snubnoses I believe were Burgo pistols. They had sequential serial numbers and were in the property of the illegals. I located the receipts in their property for the guns, and found them to be from a pawn shop in Nogales, AZ. Arizona had a law on the books, and I believe it still does, that one had to be a resident of the state to purchase a handgun or long gun. I called our primary detective and made him aware of what we had, and he showed up at hte jail within an hour with an ATF agent in tow. They interviewed the three illegals, and took the guns and receipts, after giving them receipts for the seized property. Later, I heard the ATF had raieded the pawn shop and closed it down on the basis of hundreds of guns sold illegally to illegal aliens. I got an 'attaboy' for bringing this to the attention of the detective.

 

[Sheldon]

I worked for a sheriff's department in Arizona at one time as a jailer, prior to going to the field. One night when I reported to work, I found that the Dept of Public Safety (Highway Patrol,) had brought in three illegal aliens we were holding for INS. I went through my standard inventory of inmate accounts and property, so I would be familiar with who had what when released. I found three cheap .38 spl snubnoses I believe were Burgo pistols. They had sequential serial numbers and were in the property of the illegals. I located the receipts in their property for the guns, and found them to be from a pawn shop in Nogales, AZ. Arizona had a law on the books, and I believe it still does, that one had to be a resident of the state to purchase a handgun or long gun. I called our primary detective and made him aware of what we had, and he showed up at hte jail within an hour with an ATF agent in tow. They interviewed the three illegals, and took the guns and receipts, after giving them receipts for the seized property. Later, I heard the ATF had raieded the pawn shop and closed it down on the basis of hundreds of guns sold illegally to illegal aliens. I got an 'attaboy' for bringing this to the attention of the detective.

One more pat on the back and good job from me, I like to go visit a friend in AZ and one of our weekend haunts is a flea market in the Prescott area. Flea markets there are so cool, besides the usual junk, there are multiple people there dealing in just guns and usually quite a few with a Gun or two in their lot of stuff to sell, and who knows what you may find.

One thing I have made note of is these people do not like non citizens looking at or even touching their firearms, and they will ask for a AZ drivers license before they will even talk to them. AZ as all states are suppose to require some form of proof of citizenship (birth certificate) before they will approve a license. Unfortunately just like B Hussein O some have found it is relatively easy to manufacture a bogus birth certificate.

Back on subject that guy in the pawn shop was fully in violation of the law and deserved to "go directly to jail, do not pass GO and not collect $200". On the down side in every basket there are a few bad fruit cases and they would talk to the illegals, and when they sold a gun they were for a significant amount over value, and were promptly harassed by everyone in the market for their stupidity.

 

[tattedupboy]

I worked for a sheriff's department in Arizona at one time as a jailer, prior to going to the field. One night when I reported to work, I found that the Dept of Public Safety (Highway Patrol,) had brought in three illegal aliens we were holding for INS. I went through my standard inventory of inmate accounts and property, so I would be familiar with who had what when released. I found three cheap .38 spl snubnoses I believe were Burgo pistols. They had sequential serial numbers and were in the property of the illegals. I located the receipts in their property for the guns, and found them to be from a pawn shop in Nogales, AZ. Arizona had a law on the books, and I believe it still does, that one had to be a resident of the state to purchase a handgun or long gun. I called our primary detective and made him aware of what we had, and he showed up at hte jail within an hour with an ATF agent in tow. They interviewed the three illegals, and took the guns and receipts, after giving them receipts for the seized property. Later, I heard the ATF had raieded the pawn shop and closed it down on the basis of hundreds of guns sold illegally to illegal aliens. I got an 'attaboy' for bringing this to the attention of the detective.

It's too bad that more law enforcement officials won't work as hard to protect their legal citizens. I wonder what the ACLU thinks about this?