Federal Court Makes SURPRISING Ruling On Illegal Immigrants And Guns

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Here’s a topic that you don’t often hear brought up in conversation, not even in gun rights circles: are illegal immigrants protected by the Second Amendment?

Whatever your thoughts on the subject, a recent court ruling was actually made on the subject, and, no doubt, it will be a surprise to you, whatever your stance on the issue. Matthew Vadum writes,

The categorical ban that prevents illegal aliens from possessing firearms doesn’t violate the Second Amendment, a federal appeals court held.

The ruling by a panel of the U.S. Court of Appeals for the 2nd Circuit came July 29 in United States v. Perez, court file 19-620-cr.

Vadum continues:

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In the case, the defendant, Javier Perez, appealed from a conviction for possessing a firearm and ammunition while unlawfully present in the United States. He had fired a gun to break up a gang fight and was charged with violating the federal ban.

Perez decided to fight his conviction by claiming that he was allowed to have a firearm under the Second Amendment even though he was in the U.S. illegally at that time.

But the court said that Perez wasn’t legally allowed to have the firearm using some pretty strange reasoning. Cam Edwards summed up the court’s decision this way:

Are people who are in this country illegally part of the “the People” whose right to keep and bear arms shall not be infringed? That’s the crux of a case decided by the Second Circuit of Appeals on Thursday, and the answer, at least according to a panel of three judges on the appellate court, is that it doesn’t matter. Even if illegal immigrants do possess the right to keep and bear arms, the prohibition on gun possession for those in this country without permission is constitutionally acceptable.

It’s an odd decision, in that the judges didn’t actually rule on whether or not the Second Amendment protects the rights of illegal aliens to possess a firearm. In fact, in the U.S. v. Perez opinion handed down on Thursday, the panel assumed that Javier Perez is entitled to Second Amendment protection, but the federal government can override those protections in the name of public safety.

Writing for the panel, Judge John M. Walker, a Reagan appointee to the federal bench, admitted that the court intentionally bypassed any finding on whether or not Perez, who had been in this country illegally for approximately 15 years, possesses a right to keep and bear arms.

Now, in one way, this court decision isn’t any real surprise. Too many courts in America have forgotten their oath of office to uphold the Constitution instead of legislating from the bench, and implied within that oath of office is the responsibility to overturn rulings from courts that have legislated from the bench. Many people will see this decision as just another way for the courts to limit the exercising of the Second Amendment here in the U.S.

But, in another way, this ruling is surprising in that it makes a gun restriction to a group that is often favored by the very politicians and bureaucrats that are anti-gun. I guess that inconsistency of principle isn’t really a surprise, though, is it?

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36 COMMENTS

  1. Of course they are not covered by ANY of our Constitutional Rights. They are not a part of our Common Pact as Citizens. Until they are made Citizens, they have no Rights, other than human rights. They are foreigners … no land rights, no legal right to be here, let alone share any Constitutional Rights.

    • DEPORT THEM ALL…Americans can’t even get a construction job, manual labor job, etc, they say “we dont do any jobs Americans want anyway” Who do You think did those jobs back when there wasn’t 50 million Hispanics flooded into every part of OUR COUNTRY, AMERICANS THATS WHO, add in the ones who sit on their asses and live off the system, that isn’t legally suppose to support them anyway and they will, along with the woke commie govt who caters to them, be the down fall of America, its happening before our eyes!

      • You are exactly right with what you say. Illegals should have absolutely no rights here. Get rid of them all. Oh yeh, our ignorant, dumber then a rock President let them in. He needs to go too.

        • Right..illegals are just that..ILLEGAL and no e of our laws nor the Constitution apply to them. They are no more than long-term vacationers from THEIR
          COUNTRY..not ours. They are NOT
          American citizens, and have no right to firearms on our soil. Period.

      • Their being here hurts Americans in so many ways..drives wages down, take jobs our young Americans could hold, drives our medical insurance costs up, take up spots at hospital emergency rooms that slows service to Americans, drives up the use of drug use, and availability; they take up far too many construction jobs that could be held by Americans, and American small construction jobs like carpentry, electrical, concrete and other companies operated by and with help that are undocumented make work by American companies uncompetitive, and lose business. Many going out of business because they can’t compete against companies that use illegal workers.

    • Well they have the right to free speech, the right to due process, they can own property. Why shouldn’t they have the right to protect themselves
      I don’t like it. But thats the way it is
      SemperFi.

      • They are not American citizens..they have no rights here. They have broken the law just being here. You are wrong, sorry.

    • The Right of the People to keep an Bare arms shall not be infringed. No where with in the frame work of our Consitution or amendments there of does it speak to only citizens. Our CONSITUTION speaks of all people.

      • Constitutional Rights ONLY applies to LEGAL CITIZENS of America. The Constitutions contents ONLY allies to legal citizens of America.

  2. He had (15 ) years to become a citizen. So I’m
    Okay with him not being allowed to possess a gun. As an illegal alien he shouldn’t have had one in the first place. Im also quite alright with not giving anyone else here illegally, that makes no attempt to become a citizen no other constitutional protections either. The word “illegal”is right in the verbiage of illegal immigration. These rights should be reserved for those born here or who become naturalized. Let any U.S citizen Try going to any South American country and possess a gun there. See what happens to you. Only in America do we treat illegal aliens better than our own citizens!

  3. Anyone here Illegally should have no rights or protections under the Constitution, these rights were meant for citizens!!!!!!!!!!!!!!!!!!!

    • Very true. If they want to live here, go through the process, apply for citizenship, and become one LEGALLY.

  4. Go to their country and demand rights and see what they give you…we should be giving them the same, NOTHING.

  5. The Constitution is here to protect Americans, the Legal Citizens of the United States Of America PERIOD! Anyone who is here ILLEGALLY is breaking the law simply by their existence in our Country without permission and should NEVER BE PROTECTED by the laws they are breaking by being here, as well as by the Constitution that was intended to protect us from them! Once this starts it paves a pathway for poor leadership (like the Biden administration) to allow “Terrorist” to be protected Constitutionally from any retaliation from our Citizens when attacked by them, kinda like what’s happening all over OR, NY, WA, as well as Chicago! We need to get serious about getting back to basics here, all these American hating groups that are attacking our citizens (without any worries of prosecution) as well as all the illegals who get pet on the head and released are going to take over America! Nothing short of a REVOLUTION will be able to regain control then, that’s why the Democrats want our guns so badly. No guns, no fighting back! They fear that we’ll finally get tired enough of the way things have gotten and we’ll fix it ourselves, as well as ruining their plan for the Communism that’s coming if we don’t get our heads outta our asses and put someone in office with enough balls to stop it before the Patriots who love America do!

    • We did re-elect him, but when the Communists/UTBKAD’s saw happening what they feared, they excused the watchers, closed down the count… BUT, They forgot to shut off the monitor camera, and it caught them returning with boxes and boxes of fraudulent ballots, and VIOLA the next report to the news was Sleepy Joe had won the state…. OH and BYW, UTBKAD = Used To Be Known As Democrats

    • They are brainwashing and indoctrination our children from Preschool through University level to hate America, and prefer (through lies) Marxism, Socialism, and Communism, and use Liberal ideology to break-down and subvertoral of Americans. Their plan to convert our youth from Americans to Marxist Communists has already fooled 80% of our children that have no real idea how living under dictatorial Clmmunism is really like. If they were told the truth, they would be shocked.

  6. it is Strange I was taught that the CONSTITITION was meant for AMERICANS. They never told me they also covered Criminals. YES ILLEGALS are CRIMINALS, they BROKE Immigration LAWs. Breaking LAWS makes you a CRIMINAI. See how SIMPLE !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  7. The Constitution provides for the American citizen! Not illegal immigrants! This is America, illegals have no rights! OH, excuse me according to soetoro, they have right! At least this is soetoros fundamental change for America! soetoro and this type of thinking, must be extinguished!

  8. Illegal aliens are not citizens of this country and are not covered by our constitution as far as our rights such as the right to bear arms. They are here as a visitor and should conduct themselves as visitors then when their time os up they should go home unless they have appleid for citizenship and been accepted or are undergoing the process to become a legal citizen. That is the plain and simple fact of the matter.

  9. Look you guys, even an American citizen can’t buy a firearm in any state other than the one he lives in so why should a Mexican be able to? If he wants a gun from another state he MUST have it shipped to an FFL in HIS state and have the FFL transfer it to him. There are a few exceptions such as military stationed in another state etc. but you get my drift.

  10. An illegal alien has not been properly vetted, where as a legal alien/immigrant would have been. An illegal alien, once found to be in this country should be shipped to the tip of Argentina and released. If they manage to get back into the country, the next trip gets them dropped off in Antarctica. Does that seem harsh? Considering some countries catch you inside their borders would mean you will never be heard of again, it could be worse. They do not have the Rights that an American citizen has.

  11. I believe being here illegally is a felony and felons, legal citizens or not, are not allowed to own guns or ammo. End of story.

  12. I fully agree with George. These people are FELONS, and should be treated accordingly!

  13. People that are in this country illegally should not have the right to anything. Included should be the exemption for free healthcare on the backs of the United States taxpayer. If they cannot afford medical costs out of pocket they need to go back where they came from.

    No welfare, no food stamps, no free medical

    Any crime committed in the United States by illegals should be classified as a felony, the person deported, if they return they go to prison

  14. Virtually any gun he would have to obtained illegally. There are very narrow parameters under which a non-citizen is permitted to possess a firearm.

  15. I guess that illegal aliens are officially prohibited possessors and having one in their possession is an automatic felony in all states I am aware of. I’m all for it.

  16. There is a PROCESS TO ENTERING & BECOMING A U.S. CITIZEN ! It’s not about discrimination , IT IS ALL ABOUT SECURITY TO THE PEOPLE !!! There is no excuse for anyone illegal to be here ! INCLUDING UNCLE JOE ! L O L You are not guarnteed our Constitutional Rights “”PERIOD”” FREEDOM IS NOT FREE !

  17. Four words, Chutzpah or Big Brass ones. If he understood the constitution so well why did he enter illegally? Undocumented is political BS gobble di gook.

  18. As a citizen I am required to submit to a background check. Now the people who have no respect for our laws are expected us to allow them to enjoy our rights and ignore the laws? BS!

Comments are closed.