Federal Appeals Court: Illegal Aliens Do Not Have 2nd Amendment Rights

[Doc7505]

Federal Appeals Court: Illegal Aliens Do Not Have ​

2nd Amendment Rights​

Federal Appeals Court: Illegal Aliens Do Not Have 2nd Amendment Rights › American Greatness

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.

amgreatness.com

29 Aug 2024 ~~ By Eric Lendrum

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.
~Snip~
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.’​

​

Commentary:​

In a brilliant common sense analogy the Federal Appeals Court explained 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.
Before Neo-Marxist and Soros funded were appointed or elected in Blue Cities and States This was 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.
This leavves Democrat Neo- Marxist heads are exploding because of this.

 

[pknopp]

Can laws be passed to make it illegal for someone here illegally to own firearms? Probably, BUT.

as the Constitution does not apply to anyone who has entered the United States illegally.

This is simply not true. Much of it does apply to anyone in the United States.

 

[Innocynioc]

Thank God for the correct opinion.

 

[Manonthestreet]

Now do voting

 

[John Edgar Slow Horses]

Bad jurisprudence. The ruling will be overturned.

 

[Frankeneinstein]

Federal Appeals Court: Illegal Aliens Do Not Have ​

2nd Amendment Rights​

Federal Appeals Court: Illegal Aliens Do Not Have 2nd Amendment Rights › American Greatness

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.

amgreatness.com

29 Aug 2024 ~~ By Eric Lendrum

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.
~Snip~
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.’​

​

Commentary:​

In a brilliant common sense analogy the Federal Appeals Court explained 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.
Before Neo-Marxist and Soros funded were appointed or elected in Blue Cities and States This was 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.
This leavves Democrat Neo- Marxist heads are exploding because of this.

hmmmm, what concerns me is that if those coming across the border were armed, they would undeniably be an invasion force, so the/a way around that if you were going to topple America [while saving your own skin] would be to let them in under the guise of compassion and then arm them once the invasion force/asylum seekers are inside our borders.

 

[progressive hunter]

Can laws be passed to make it illegal for someone here illegally to own firearms? Probably, BUT.

as the Constitution does not apply to anyone who has entered the United States illegally.

This is simply not true. Much of it does apply to anyone in the United States.

laws dont over ride the constitution,,

you should know that,,

 

[pknopp]

laws dont over ride the constitution,,

you should know that,,

They don't. Would the current court allow such a ban?

They very well might.

 

[Doc7505]

hmmmm, what concerns me is that if those coming across the border were armed, they would undeniably be an invasion force, so the/a way around that if you were going to topple America [while saving your own skin] would be to let them in under the guise of compassion and then arm them once the invasion force/asylum seekers are inside our borders.

~~~~~~
That is what Democrat Neo-Marxists are up to doing....
A good example of what is happening is in Aurora Colorado..

Armed crew storms Colorado apartment building overrun by Venezuelan gang spilling out from sanctuary city: wild video

The gang has infiltrated multiple states and other big cities like New York and Chicago after crossing into the US from the southern border.

nypost.com

 

[John Edgar Slow Horses]

Doc, that is dorky, unfounded thinking.

 

[Rogue AI]

Can laws be passed to make it illegal for someone here illegally to own firearms? Probably, BUT.

as the Constitution does not apply to anyone who has entered the United States illegally.

This is simply not true. Much of it does apply to anyone in the United States.

The restrictions on the government apply, the rights reserved solely for the people do not. It isn't rocket science.

 

[Resnic]

Why would they even need to decide that? The Constitution, bill of rights and so on are for AMERICANS. Illegal aliens are not Americans. Hence why they are illegals.

 

[John Edgar Slow Horses]

The Constitution covers everyone subject to American jurisdiction.

That means those who are here illegally are covered.

 

[AZrailwhale]

The Constitution covers everyone subject to American jurisdiction.

That means those who are here illegally are covered.

That is how it has always been interpreted. If Scotus affirms this decision, al that will change and whatever "rights" illegal aliens claim will be reexamined and likely mostly removed except in sanctuary cities and states. It would open a can of worms, because then someone would want the decision extended to legal resident non-citizens.

 

[John Edgar Slow Horses]

If so, bad call, imo.

 

[jbander]

~~~~~~
That is what Democrat Neo-Marxists are up to doing....
A good example of what is happening is in Aurora Colorado..

Armed crew storms Colorado apartment building overrun by Venezuelan gang spilling out from sanctuary city: wild video

The gang has infiltrated multiple states and other big cities like New York and Chicago after crossing into the US from the southern border.

nypost.com

This from a Hate NAZI, if they open their mouths it is a lie , usually hate based and ugly.

 

[jbander]

Guns need a ton of regulations. There is nothing in the constitution protecting every type of gun. and the courts have decided that guns should and can be regulated.