Results 1 to 7 of 7

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Senior Member zeezil's Avatar
    Join Date
    May 2007
    Location
    NC
    Posts
    16,593

    Appeals court knocks down illegal alien gun law

    Appeals court knocks down illegal alien gun law
    BY HOWARD FISCHER, CAPITOL MEDIA SERVICES
    October 25, 2007 - 10:55PM

    Phoenix - A 3-year-old state law aimed at illegal entrants who carry guns can't be enforced unless prosecutors also show the weapon was somehow involved in interstate commerce, the state Court of Appeals ruled Thursday.

    The judges unanimously rejected arguments by the Maricopa County Attorney's Office that Israel Perez could be charged with being a "prohibited possessor'' simply by virtue of being in this country illegally and having a gun. They said that's not the way the law reads.

    And Judge Ann Scott Timmer, who wrote the decision, said if prosecutors are unhappy about that, they should ask legislators to amend the statute. Thursday's ruling, unless overturned, means Perez gets to go free - assuming he is not deported.

    Potentially more significant, it could undermine other cases where county attorneys are using that 2004 law to prosecute illegal entrants with guns.

    Federal law already makes it a crime under some circumstances for people not here legally to possess weapons. But legislators were told in 2004 that meant it was up to federal agencies to decide whether to bring charges.

    This bill was aimed at letting local police and prosecutors handle the cases. In this case, Perez was stopped earlier this year by Mesa police after he was observed speeding and weaving through traffic. Perez was arrested when he failed to produce identification and instead giving officers what appeared to be a phony Mexican driver's license.

    A search revealed a .38 caliber revolver in the vehicle's center console. And a subsequent fingerprint check turned up the fact that Perez had been deported three prior times, each time returning with a different identity.

    That led to the weapons charge.

    Timmer noted the original legislation covered anyone who is an "undocumented alien or a nonimmigrant alien traveling with or without documentation.'' That language, however was replaced in the House instead with a reference to federal laws which define who is a "prohibited possessor.''

    That, said Timmer, is what allows Perez to escape prosecution. She pointed out the federal law mentioned in the state statute specifically deals with illegal entrants who have weapons which have been "shipped or transported in interstate commerce.'' And Timmer said the Maricopa County Attorney's Office, in charging Perez, provided no such proof.

    The judge rejected arguments by prosecutors that the law should be interpreted according to what they said was the real intent of the Legislature.

    She said lawmakers could have allowed the prosecution of all illegal entrants on weapons charges had they adopted the version of the bill that passed the Senate. Timmer said the fact the House Judiciary Committee specifically chose to alter that language and instead refer to the federal code - language subsequently ratified by the Senate - is what the court has to use to determine legislative intent.

    A spokesman for the Maricopa County Attorney's Office said lawyers there were studying the ruling before deciding whether to take the issue to the Supreme Court.
    http://www.yumasun.com/news/perez_37392 ... legal.html
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  2. #2

    Join Date
    Jan 1970
    Location
    North Carolina
    Posts
    571
    I have to say this is one of the most outrageous stories I've
    ever read.

  3. #3
    Senior Member zeezil's Avatar
    Join Date
    May 2007
    Location
    NC
    Posts
    16,593
    All I can say is: DUH...WHAT???????
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  4. #4
    Senior Member fedupDeb's Avatar
    Join Date
    May 2007
    Location
    Sanctuary State of Maryland
    Posts
    1,523
    Can this insanity get any worse? It's not enough for them to enter our country illegally with impunity. Now they can enter illegally and carry a gun. This must be The Twilight Zone.

  5. #5
    Senior Member Bulldogger's Avatar
    Join Date
    Jun 2007
    Location
    On Duty Alamo, California
    Posts
    2,141
    Shakes head and says WHAT DUH.. insert favorite expletive here!

  6. #6
    Senior Member Gogo's Avatar
    Join Date
    May 2007
    Location
    Alipacers Come In All Colors
    Posts
    9,909
    Change the law. Let the people there clamor for a change.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  7. #7
    Senior Member MinutemanCDC_SC's Avatar
    Join Date
    Jan 2006
    Location
    tracking the usurper-in-chief and on his trail
    Posts
    3,207
    Quote Originally Posted by Gogo
    Change the law. Let the people there clamor for a change.
    I agree. The judge was pointing out the loophole in a badly written law. The law needs to be rewritten by the legislature. Until the lawmakers rewrite the law, it is their fault that illegal aliens have guns.
    One man's terrorist is another man's undocumented worker.

    Unless we enforce laws against illegal aliens today,
    tomorrow WE may wake up as illegals.

    The last word: illegal aliens are ILLEGAL!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •