Law Judge rules that banning illegal immigrants from carrying arms violates their 2nd amendment

[BROWNPRIDE]

Read the ruling brief. She uses arguments that conservatives have been making since the inception of the 2nd amendment. Specifically in regards to British non citizens being allowed to carry after the war. you brought this on yourselves.

But now it’s a problem ,Lol

 

[DanSavage]

Actually not true. The bill of rights applies to anyone in the country.

Technically they are the rights of all humans under US jurisdiction.

Nothing specifies citizen vs non-citizen. This is a much more modern concept that wasn't a priority when the constitution and bill of rights were codified. The only thing specific about non-citizens are voting rights in national elections.

We're talking about a period of time when there were massive waves of immigrants from all over Europe. Immigration restrictions didn't come till much much later.

Technically, they have to be here legally, aka resident alien. (See: May aliens legally in the United States purchase firearms?)

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.
[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]

IOW, illegal aliens and tourists are not legally permitted to purchase or possess a firearm or ammunition unless they meet the exemption standard.

 

[Bia]

Ok so is it illegal for them to carry gun and crosses the border?

 

[djacobox372]

Ok so is it illegal for them to carry gun and crosses the border?

No importing a firearm without proper licenses is definitely illegal.

 

[djacobox372]

What the fuck is going on here.
someone please explain why this is good

Obvious government mismanagement of resources... however if the choice comes to giving people shelter and a sports-ball game, than I'd go with the former.

 

[BearGrounds]

They don't want any of their sleeper cell agents to get in trouble for having firearms.

 

[BearGrounds]

 

[Cool Hand Luke]

IOW, illegal aliens and tourists are not legally permitted to purchase or possess a firearm or ammunition unless they meet the exemption standard.

correct, it's really this simple. now the question as to what their status as 'asylum seekers' and which category that puts them in is another question I guess

 

[panamaican]

Technically, they have to be here legally, aka resident alien. (See: May aliens legally in the United States purchase firearms?)



IOW, illegal aliens and tourists are not legally permitted to purchase or possess a firearm or ammunition unless they meet the exemption standard.

That's a completely illogical reading of the law you quoted.

The law you quoted only speaks to what aliens legally in the country can do. It is completely silent on what illegal aliens can do.

What you've done is classic logical error when reading the law. You've assumed that if the law says that X is true then Y must be false. The law doesn't work that way. You need to cite to the portion of the law that defines the rules for illegal aliens. You cannot assume them to be the opposite of the laws for legal aliens.

You might be right but not based on the law that you cited.

The relevant law you want is this:

A nonimmigrant alien without residency in any state may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition.

A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations.

And I should add that an illegal alien can be a legal resident of a state. Which means that under specific circumstances, illegal aliens can very much purchase and take possession of a firearm.

 

[west42]

Good ruling. Don't like the idea but the Constitution is pretty clear on this

 

[Dalarna3]

Seems clear to me that these people are being used as a political weapon.

 

[Chad R. Thundercock]

 

[Super_Nintendo]

it's only racist when orange man says it..

assuming this isn't AI

 

[deviake]

The US military isn't deployed at the border buddy.

At this point there's literally nothing stopping an entire legion of Russian soldiers from claiming asylum and getting armed in our country.

Do you think if that was feasible that no one in the history of this country would have tried it by now?