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  1. #1
    Administrator Jean's Avatar
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    Undocumented immigrant accused of shooting a gun says he has same Second Amendment ri

    Undocumented immigrant accused of shooting a gun says he has same Second Amendment rights as U.S. citizens

    By MARCO POGGIO and REUVEN BLAU
    | NEW YORK DAILY NEWS |
    AUG 01, 2018 | 4:30 PM

    An undocumented immigrant busted for shooting a gun argued in court Wednesday that he should be entitled to the same Second Amendment rights as U.S. citizens.

    In a case that may have far-reaching ramifications, Javier Perez, a Mexican national, contends that he is being unfairly hit with criminal charges for shooting in the air on a Brooklyn sidewalk to fend off gang rivals in July 2016.

    “The Framers were clear: If they meant citizens, they would have said citizens. But they didn’t,” his defense lawyer, Samuel Jacobson, argued in Brooklyn federal court. “There is no suggestion that there was a concept of ‘illegal alien’ and no suggestion that if you were from a foreign country, you couldn’t bear arms.”

    Brooklyn federal prosecutors are furious the case has been allowed to move forward. They argue that Perez has zero Second Amendment rights because he came to the U.S. illegally.

    Assistant U.S. Attorney Tanya Hajjar also said that undocumented people frequently live above the law.

    "Those who don't have legal status here have an interest in defying law enforcement. They have an interest in not maintaining a stable residence or registering a firearm," she argued in court.

    Perez hopes a 2008 Supreme Court case that struck down a Washington handgun ban will bolster his case.

    That 5-4 decision concluded that it was “preemptively lawful” to prohibit guns for felons and mentally unstable people.

    Perez’s lawyer points out that decision made no mention of undocumented immigrants, meaning they should be entitled to the same rights as law abiding American citizens.

    Prosecutors maintain the Supreme Court decision does not address cases involving undocumented immigrants who came to the country illegally.

    If found guilty, Perez faces up to 10 years in prison and deportation.

    http://www.nydailynews.com/new-york/...01-story.html#
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  2. #2
    Senior Member Judy's Avatar
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    In this instance, the illegal alien is correct. He needs to be deported because he's an illegal alien, not because he had a gun and shot it in the air to defend himself. If he violated a federal gun law, then he should be prosecuted for that the same as anyone who did the same thing he did, not because he's an illegal alien.
    Last edited by Judy; 08-02-2018 at 11:11 AM.
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  3. #3
    Super Moderator Newmexican's Avatar
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    Precedent is against him ..

    SUPREME COURT

    MAY 8, 2012 / 4:20 PM / 6 YEARS AGO

    Court: illegal immigrants have no right to guns

    Keith Coffman
    2 MIN READ


    DENVER (Reuters) - Illegal immigrants can be prohibited from possessing firearms under laws passed by Congress that bar certain groups from gun ownership, a federal appeals court has ruled.

    A three-judge panel in Denver agreed with a prison sentence imposed by a Wyoming federal judge on a Mexican national who pleaded guilty to illegal weapons possession.

    In the opinion made public on Monday, the judges said even non-citizens in the United States on visas for legitimate reasons face restrictions on firearms possession.

    “Even those admitted on non-immigrant visas ... are prohibited from having firearms and ammunition unless they secure a special waiver or happen to be hunters or diplomatic or law-enforcement officials here on business,” the judges wrote.

    The case stemmed from the conviction of Emmanuel Huitron-Guizar, who was sentenced to 18 months in prison under a federal law that bars gun ownership by illegal aliens.

    He will be turned over to immigration officials at the end of his prison term for deportation proceedings.

    Born in Mexico, Huitron-Guizar, 24, came to the United States at the age of three and settled with his family in Wyoming.

    Acting on a warrant, federal agents searched his home last year and found a rifle, a 12-gauge shotgun and a semiautomatic pistol and arrested him.

    Huitron-Guizar ultimately pleaded guilty to the charges, but appealed his sentence, arguing that he did not fall under groups including convicted felons, the mentally ill or others who are banned from owning firearms.

    But the appellate court disagreed, noting that “no right is absolute,” and cited as an example a law that prohibits unauthorized people from carrying guns on commercial aircraft.

    Huitron-Guizar’s lawyer, Ronald Pretty, told Reuters he will appeal the ruling to the U.S. Supreme Court.

    Pretty said his client has no criminal history, came to the United States as a toddler, has no real ties to Mexico and does not speak Spanish.

    https://www.reuters.com/article/us-u...8471BP20120508








    JOURNAL ARTICLE
    Constitutional Law — Second Amendment — Fifth Circuit Holds that Undocumented Immigrants Do Not Have Second Amendment Rights. — United States v. Portillo-Munoz, 643 F.3d 437 (5th Cir. 2011)

    Harvard Law Review
    Vol. 125, No. 3 (JANUARY 2012), pp. 835-842
    Published by: The Harvard Law Review Association
    Stable URL: https://www.jstor.org/stable/41349891
    Page Count: 8
    Topics: Fourth Amendment, Second Amendment,Undocumented immigrants, Privacy rights, Dicta,Citizenship, Judges, Dissenting opinions, Federal district courts, Guns
    Give feedback
    https://www.jstor.org/stable/4134989...n_tab_contents









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  4. #4
    Super Moderator Newmexican's Avatar
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    In addition to being here illegally, he has violated a Federal Fireams LAW. It is the law, not just a regulation.

    QUICK REFERENCE TOFEDERAL FIREARMS LAWSI. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITEDPERSON:
    18 USC § 922(g) & (n).

    Punishable by up to 10 years imprisonment. May receiveminimum sentence of 15 years without parole if offender has three or more priorconvictions for a felony crime of violence (e.g. burglary, robbery, assault, possessionof offensive weapons) and/or drug trafficking felony.

    Elements

    A. Possession or receipt of a firearm or ammunition;

    B. By a subject who falls within one of the following categories:Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receivingfirearms.);

    Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugsand/or subject claims drugs were possessed for personal use.);

    Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., thosealiens not admitted for permanent residence. This provision does not prohibit aliens who lawfullypossess a so-called “green card” from possessing guns or ammunition.);

    Is subject to a domestic restraining order - (The order must prohibit contact with an intimatepartner, or child of the subject, and must have been issued only after a hearing of which thesubject was notified and at which the subject had an opportunity to participate. The order mustalso find the subject poses a threat to the physical safety of the intimate partner or child or mustprohibit the use, threatened use or attempted use of physical force.);

    Has a prior conviction for domestic assault - (Includes a prior conviction for any assault orthreatened use of a deadly weapon against a present or former spouse or partner or child orguardian of any such person. The subject must have been entitled to a jury trial and beenrepresented by counsel in the prior proceeding or be shown to have waived those rights.);

    Fugitive from justice - (Fled any state to avoid being prosecuted or to avoid testifying in anycriminal proceeding.); orDishonorably discharged from the military;

    AND C. The firearm or ammunition was transported across a state line at any time.

    https://www.justice.gov/sites/defaul...03/guncard.pdf
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  5. #5
    Senior Member Judy's Avatar
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    Thank you for posting all that information Newmexican. But in my opinion the law is wrong, because it violates the 2nd Amendment. It's been my opinion for as long as I can remember having one that any federal law that restricts an individual's right to possess a firearm that is commercially available violates the 2nd Amendment, which states as clearly as it could, the right of the people to keep and bear arms shall not be abridged. I oppose waiting periods, gun registration, background checks, all of it, because all of that abridges the right of the people to keep and bear arms. Under the commerce clause of the Constitution, the federal government can regulate the manufacture and sale of firearms for quality, safe operation, mechanical function, and other related matters the same way they regulate food sales, but it can't restrict an individual's right to keep and bear arms, which is the right of possession.

    Since 1808, under the US Constitution, the federal government has the absolute constitutional right to prohibit immigration. The federal government in all of its eternally shown stupidity is more concerned with restricting the rights of persons and people under the US Constitution than doing its clearly stated responsibility under the US Constitution to keep illegal aliens out of our country and if they sneak in getting them out and keeping them out.

    My advice to the "federal prosecutors" is deport this man for violating US Immigration Law immediately, then go back to your office and write a new plan to get illegal aliens out of our country and keep them out instead of wasting your time and our money funding stupid prosecutions and incarcerations of illegal aliens for possessing a firearm when they aren't even supposed to be in our country, and if you'd been doing your jobs, they wouldn't be in our country to begin with.
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  6. #6
    MW
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    In accordance with 18 U.S. Code § 922 it is unlawful for an illegal alien to be in possession of a firearm.
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  7. #7
    Senior Member Judy's Avatar
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    Under the US Constitution it is not illegal, it's a right. If you don't want illegal aliens in the country roaming around with firearms, my suggestion is GET THEM OUT AND KEEP THEM OUT, that is an actual authority the federal government has. The federal government does not have the authority to restrict the right of the people, which is persons, to keep and bear arms while in this country.
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  8. #8
    MW
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    Quote Originally Posted by Judy View Post
    Under the US Constitution it is not illegal, it's a right. If you don't want illegal aliens in the country roaming around with firearms, my suggestion is GET THEM OUT AND KEEP THEM OUT, that is an actual authority the federal government has. The federal government does not have the authority to restrict the right of the people, which is persons, to keep and bear arms while in this country.
    Court says illegal immigrants can't have guns

    Published May 08, 2012 Associated Press


    Facebook Twitter livefyre Email Print


    DENVER – A federal appeals court says illegal immigrants don't have a right to own firearms under the U.S. Constitution.

    Emmanuel Huitron-Guizar of Wyoming pleaded guilty to being an illegal immigrant in possession of firearms after his arrest last year. He was ordered held by immigration authorities at the Natrona County Detention Center in Wyoming.

    An attorney for Huitron-Guizar appealed the case, saying illegal immigrants are not excluded from possessing firearms like felons and people who are mentally ill, and should have the same rights as U.S. citizens to buy a gun for hunting and protection.

    The 10th Circuit U.S. Court of Appeals in Denver ruled Monday that illegal immigrants have only limited protection under the Constitution.

    Huitron-Guizar's attorney, Ronald Pretty of Cheyenne, Wyo., says he plans to appeal to the U.S. Supreme Court.

    http://www.foxnews.com/us/2012/05/08...have-guns.html



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    Senior Member Judy's Avatar
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    The 10th Circuit U.S. Court of Appeals in Denver ruled Monday that illegal immigrants have only limited protection under the Constitution.
    They have protections as people. They do not have protections as citizens, because they aren't citizens. They do not have protections as immigrants because they aren't immigrants. They do not have nonimmigrant protections such as visa holders, because they are not visa holders who agree to forfeit their right to firearms among other things in exchange for access to work in our country. Do they have rights as people in the United States? Certainly, why wouldn't they? According to federal law, being in the country illegally is a misdemeanor. According to federal law and courts, they can't be detained after so many days without a bond. According to federal law and courts, they can't be deported without a judicial hearing. According to federal policy, their children born here are US citizens. According to the US Supreme Court, they are entitled to public education. According to the federal government, they have the right to protest in our streets, public buildings, and other public areas. According to the federal law, illegal aliens are required to register with Selective Service for military conscription which generally involves bearing a firearm. According to federal government policy, illegal aliens are serving in the US military and usually bearing a firearm.

    How can you make the children of illegal aliens born in the US without the right to keep and bear a firearm to protect them or yourself?

    How can you make illegal aliens register for a potential draft or allow them to join the US military without the right to bear a firearm to fight a war?

    What the federal government has done all these years is violate the US Constitution. It picks and chooses what rights it wants to hand out to whom, and that is wrong, that is unconstitutional.

    What too many Americans have found acceptable is creating a second class group of persons living and operating in the country illegally with the rights you don't mind them having versus the ones you do. Well, as long as you allow them to be here, they have all the Constitutional protections of any person in the United States. If you don't want that, you better get on board with mass deportations and the toughest border security this world has ever seen. Otherwise, you're doomed.
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  10. #10
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    Quote Originally Posted by Judy View Post
    Thank you for posting all that information Newmexican. But in my opinion the law is wrong, because it violates the 2nd Amendment.
    And in the opinion of competent courts, you are wrong!

    I see the Constitution as a membership contract with CITIZENS of this country. Its provisions do not guarantee its benefits to everybody in the world. This is like most institutions that require membership, the benefits are for members only. If the Constitution is taken to cover everybody, we can have no borders!
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