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U.S. Constitution
See other U.S. Constitution Articles

Title: 7th Circuit Court: Illegal Immigrants Have Second Amendment Rights Too
Source: Breitbart
URL Source: http://www.breitbart.com/big-govern ... e-second-amendment-rights-too/
Published: Aug 26, 2015
Author: Awr Hawkins
Post Date: 2015-08-26 08:27:16 by cranky
Keywords: None
Views: 2193
Comments: 8

In a case regarding a specific gun control law which bans “unauthorized aliens” (illegal immigrants) from possessing firearms in the United States, the U.S. Court of Appeals for the Seventh Circuit did the work of a contortionist by upholding the law while also pointing out that they “see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded.”

In a word—illegal immigrants have Second Amendment rights too.

The case was titled United States v. Meza-Rodriguez, and the decision was handed down on August 20.

The Milwaukee-Wisconsin Journal Sentinel reports that the decision was written by Judge Diane Wood “for a panel that included Judges Frank Easterbrook and Joel Flaum.”

As for the background to the case, Wood explained that “Mariano Meza-Rodriguez, a citizen of Mexico, was arrested in August 2013… [and found to be] carrying a .22 caliber cartridge.” Because he did not have “documentation” to show that he was in the United States lawfully, he was charged as being in violation of 18 U.S.C. § 922(g)(5), which forbids illegal immigrants from possessing firearms in the United States.

Meza-Rodriquez was indicted. He then challenged the indictment by claiming “§ 922(g)(5) impermissibly infringed on his rights under the Second Amendment to the Constitution.” The U.S. District Court for the Eastern District of Wisconsin rejected Meza-Rodriquez’s claim, thereby upholding the indictment. He appealed the District Court’s decision, thus bringing the case to the 7th Circuit.

In working through the case, Wood indicated that certain aspects of the language in District of Columbia v. Heller (2008) support the view “that all people, including non-U.S. citizens, whether or not they are authorized to be in the country, enjoy at least some rights under the Second Amendment.”

She elaborated:

In a post-Heller world, where it is now clear that the Second Amendment right to bear arms is no second-class entitlement, we see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded. No language in the Amendment supports such a conclusion, nor, as we have said, does a broader consideration of the Bill of Rights.

Yet the 7th Circuit upheld the District Court’s ruling—which upheld Meza-Rodriguez’s indictment—on the grounds that “the Second Amendment does not preclude certain restrictions on the right to bear arms, including the one imposed by § 922(g)(5).” (1 image)

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Begin Trace Mode for Comment # 2.

#2. To: cranky (#0)

So at our bases overseas or our embassies, foreign nationals now have Second Amendment rights?

And if a foreign army invaded (say a band of terrorists coming over the border), they also could not be prosecuted for unlawful possession of weapons while in our country illegally.

Tooconservative  posted on  2015-08-26   9:04:55 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#3. To: TooConservative (#2)

So at our bases overseas or our embassies, foreign nationals now have Second Amendment rights?

And if a foreign army invaded (say a band of terrorists coming over the border), they also could not be prosecuted for unlawful possession of weapons while in our country illegally.

Except in gun-free zones, I guess.

cranky  posted on  2015-08-26 09:21:56 ET  Reply   Untrace   Trace   Private Reply  


#4. To: TooConservative (#2)

So at our bases overseas or our embassies, foreign nationals now have Second Amendment rights?

And if a foreign army invaded (say a band of terrorists coming over the border), they also could not be prosecuted for unlawful possession of weapons while in our country illegally.

No. What it means is that gun control laws cannot be used as a means to winnow out garden-variety illegals generally in the US.

There are a great number of people who don't like the illegal invasion, which is understandable. I don't like it either.

But a significant number of these people who don't like the illegal invasion are themselves devious little worms. Rather than face the issue head on and honestly - in the sunlight: illegals come for jobs, rich Americans provide them the jobs, so crucify the rich Americans with the laws - take their money with massive fines and penalties, prosecute them for all of the effects of their crime, including tax evasion, tax them retroactively, DESTROY some of them, publicly to put the fear of God in the rest of them, so they STOP hiring illegals. THAT will stop the conveyor belt of illegal immigration. It will stop it fast and it will stop it cold.

That is the honest, and effective, way to actually FIX the damned problem.

But directly taking down the wealthy is against America's DNA. The wealthy created the illegal immigration problem. The wealthy opened the Border and refused to enforce it. The wealthy profit from illegal immigration, by hiring illegals, and the wealthy drive regular Americans into the ground by hiring illegals and paying them small wages while throwing Americans onto the street and onto the welfare rolls. The American wealthy capitalist class are the traitors who are the source, cause and protectors of illegal immigration. The Mexican immigrants are poor grist for the mill that makes these wealthy American capitalists rich.

If you want to actually STOP illegal immigration, you have to attack the American capitalists and skin some of them alive, utterly destroy their companies and take their wealth as penalty and interest - and you have to do it publicly. THAT will terrorize the rest of the traitorous scum into obeying the law, firing all of the illegals - to protect their wealth. THAT WILL STOP IT. AND THAT IS THE REAL ENEMY.

But no. Wormy cowards instead want to attack the illegals directly. They want to spend a fortune erecting walls that the Wealthy Capitalists who Power Illegal Immigration will never let actually be manned. They want to hammer the illegals, driving them down further, repressing their wages even further, making them more helpless. And who will benefit? The wealthy, of course, who will get the illegals cheaper because they will be more desperate.

And in the process, the wormy cowards want to act like the Democrats they hate: wholesale rewriting the Constitution, pretending that words that have meant a specific thing for two centuries suddenly mean something different, BECAUSE THEY ARE AFRAID TO TAKE ON THE WEALTHY WHO BREAK THE LAW.

The American wealthy drive illegal immigration. If you want to stop it, you have to attack them directly, with law enforcement, prison and fines, and strip away the wealth that gives them the power to control the government and leave the borders open to put YOU out of work and fill your streets with illegal.

Stepping on ants is easier, and more satisfying, to the stupid and cowardly.

If you actually want to SAVE your country, then focus on the REAL enemy, that REAL enemy is the IMPORTER of illegal aliens and the EXPORTER of American jobs: and those are the white, wealthy capitalists who control the Democrat and Republican Parties.

Wormy cowards have spent so much time twisting their logic into pretzels to try to mentally DEFEND the scum that have destroyed their country, that they will piss all over the Constitution they claim to love rather than face the truth.

I am not going to stand for it. Neither will the majority of Americans. Worms and cowards are NOT going to rewrite the Constitution to say what it doesn't say. The 2nd Amendment DOES protect garden-variety anybody who is in America, including illegals.

Want the illegals gone? Then join forces to take down the AMERICANS that make it possible for the illegals to BE here. And those Americans are the wealthy crony capitalists who control the political parties, who pay the illegals and hire them en masse, and who have exported your jobs to China and Mexico.

American middle class and working class conservatives have been goddamned idiots DEFENDING the people who put them out of work and hire illegals too long. Now middle class and working class conservatives are being cowardly worms and seeking to destroy their OWN Constitution and its protections, to step on ants. Stop being cowards and worms, stop being goddamned idiots, focus on who your REAL enemy is, and it is WHITE AMERICANS at the TOP OF THE PYRAMID who USE THEIR MONEY to control the government to keep the borders open, write tax laws that favor sending YOUR jobs to China, and who hire the illegals and put YOU out of work.

You actually have something in common with the illegals: you're all trying to make a living, and you're all on your knees before the people who have beggared and buggered you.

So get up off your knees, open your eyes, lock arms, and TAKE THEM OUT - the people at the top.

How do you take them out? By taking their MONEY - THAT is the source of their power.

But how do you regain control of the law so that it can turn to take out the traitors at the top, to actually bring them down?

Your best bet is to vote for Trump, actually. Because he is more with you than anybody who has come along in 100 years. He made his money in real estate, he is not beholden to the other interests. He's not perfect, but because the wealthy are fighting him, if he wins he will have a score to settle, and he can settle it with power.

He is your best bet. And HE is not talking about hammering Mexicans or changing the Constitution.

Fight the right fight. Stand up, focus on the real enemy, and stop fighting among yourselves over nothing. You will remain on your knees as the chains continue to be attached to you. None of you is anything. Together, you are stronger than they are.

Vicomte13  posted on  2015-08-26 10:47:21 ET  Reply   Untrace   Trace   Private Reply  


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