![\"\"](\"https:\/\/www.azuse.cloud\/wp-content\/uploads\/2019\/01\/Darmstadter-gun-control-constitutionality-300x200.jpg\")
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Been a lot of higher court decisions on guns this year. Some have been good, some questionable, some downright bad (Maryland’s AR ban, I’m looking at you. I don’t care if God himself upheld you. By the bye, Maryland is going to the Supreme Court on that one – an appeal against the 4th Court\u00a0 order has already been filed.) \u00a0 Tuesday, though, the 5th Court made a different, RIGHT call.<\/p>\n
Illegal migrants do not have the right to bear arms under the Second Amendment, a federal appeals\u00a0court\u00a0in New Orleans has ruled, rejecting arguments by a Mexican man who was convicted of\u00a0illegally possessing a handgun and argued that the\u00a0ban\u00a0was unconstitutional.<\/p><\/blockquote>\n
Love how illegals are able to hide behind the Constitution… here’s a thought – how bout passing a law that Constitutional protections only apply to CITIZENS?<\/p>\n
A three-judge panel of the New Orleans-based 5th U.S. Circuit\u00a0Court\u00a0of Appeals\u00a0ruled on Tuesday\u00a0that federal prohibitions on illegal immigrants owning firearms\u00a0was lawful, and Second Amendment rights do not apply to those who have entered the country illegally.<\/p>\n
The ruling came in an appeal by Jose Paz Medina-Cantu, who had been arrested by Border Patrol agents in Texas in 2022 and charged with illegally possessing a handgun\u00a0and\u00a0unlawfully\u00a0re-entering the country after being previously deported.<\/p><\/blockquote>\n
Previously deported and trying to rattle our legal cage. Makes you wonder if it is slower to reviolate and re-enter illegally after being kneecapped? I, of course, would never advocate such a thing… publicly. Remember that Mission:Impossible movie in which a small explosive charge was inserted in someone’s sinuses? Maybe a triggering transmission would be along the border?<\/p>\n
“The Second Amendment protects the right of \u2018the people\u2019 to keep and bear arms. Our court has held that the term \u2018the people\u2019 under the Second Amendment does not include illegal aliens,” U.S. Circuit Judge James Ho, a conservative appointee of Republican President Trump, wrote in a concurring opinion.<\/p>\n
“As to common sense, an illegal alien does not become \u2018part of a national community\u2019 by unlawfully entering it, any more than a thief becomes an owner of property by stealing it.”<\/p>\n
“The Court has repeatedly explained that \u2018an alien\u2026 does not become one of the people to whom these things are secured by our Constitution by an attempt to enter forbidden by law\u2019\u2026 But that\u2019s, of course, the very definition of an illegal alien \u2013 one who \u2018attempts to enter\u2019 our country in a manner \u2018forbidden by law.\u2019”<\/p>\n
“So illegal aliens are not part of \u2018the people\u2019 entitled to the protections of the Second Amendment.\u2019<\/p>\n
Ho added that for an illegal alien to appeal to the Constitution is to concede that the United States is governed by that supreme law.<\/p>\n
“And \u2018the power to exclude [aliens from the United States] has been determined to exist\u2019 under our Constitution. So, the Court concluded, \u2018those who are excluded cannot assert the rights in general obtaining in a land to which they do not belong as citizens or otherwise,'” Ho wrote.<\/p>\n