Do Undocumented Immigrants Have The Right To Keep And Bear Arms?

[Nomad4Ever]

Without question they have 2A rights.

What are we? The damn USSR?

Anyone touching the soil of the greatest nation god ever conceived of can carry a firearm just as the founding fathers intended.

 

[spud_meister]

I'd vote for no for one reason. The Constitution was written for citizens of this country. If you're not a citizen, or even a documented immigrant, it doesn't apply. Right or wrong, taking my personal feelings out of it, that is the law.

Who was a citizen when the constitution was written?

 

[Mycroft]

I find it amusing to see our resident liberals and gun banners twist themselves into logical knots trying to justify allowing criminals the right to keep and bear arms.

The only liberal in this thread who hasn't done that is @Gatsby .

 

[Airyaman]

If citizens who are not in a well regulated militia have the right to own firearms, so does anyone else living on U. S. soil. The 2nd A says "people", not "citizen". The citizenship clause came well after the 2nd A, and also contains the word "person" (aka, "people").

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

Therefore, anyone who lives on US soil may own a firearm.

 

[Allan]

I'd vote for no for one reason. The Constitution was written for citizens of this country. If you're not a citizen, or even a documented immigrant, it doesn't apply. Right or wrong, taking my personal feelings out of it, that is the law.

If you're not a citizen or you're an undocumented immigrant you are subject to US laws, including protections afforded under those laws.

For example you have all rights afforded by the 1st Amendment.

 

[Manc Skipper]

What Hamish wrote above.

Only citizens can bears arms [as part of a militias.]

 

[SkyChief]

By Casey C. Sullivan, Esq. | Last updated on March 21, 2019

Non-citizens have a right to bear arms, even if they are in the country illegally, the Seventh Circuit ruled late in August.

True.

. . . But, there's a catch. While the right to bear arms extends to unauthorized non-citizens in the U.S., the Second Amendment also allows for limits. That includes a federal law banning unauthorized immigrants and nonimmigrant visa holders from possessing firearms, the court concluded.

LOL Casey C. Sullivan, Esq. is profoundly ignorant of the law.

The Second Amendment does NOT allow for limits. Quite the contrary. The Second Amendment in the Bill of Right explicitly PROHIBITS limits (infringements).

"shall not be infringed" means exactly that. Limits, restrictions, prohibitions, and other legal hurdles are INFRINGEMENTS.

Sullivan is 100% WRONG on the meaning and purpose of the Second Amendment.

 

[j brown's body]

Amendment II states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

(I bolded the word people)

Per the Amendment, the right is not exclusively for American citizens. It is for the people. Therefore, if the immigrant stands on U.S. soil, then he or she instantly becomes part of the people, and thusly should enjoy full protection of the Second Amendment (and all other Rights enumerated in the Bill of Rights).

If you voted no, please explain your reasoning. And anti-gun people - please don't make the silly argument that only Militia members have the right to keep and bear arms. Please.

What about drug addicts?

 

[SkyChief]

What about drug addicts?

Read the Second Amendment. It only says the "people". It doesn't mention drug addicts specifically.

Drug addicts are people, so according to the Second Amendment, drug addicts are protected from infringements, just as undocumented immigrants are.

If their feet are on U.S. soil, then they are "the people".

 

[Jetboogieman]

Amendment II states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

(I bolded the word people)

Per the Amendment, the right is not exclusively for American citizens. It is for the people. Therefore, if the immigrant stands on U.S. soil, then he or she instantly becomes part of the people, and thusly should enjoy full protection of the Second Amendment (and all other Rights enumerated in the Bill of Rights).

If you voted no, please explain your reasoning. And anti-gun people - please don't make the silly argument that only Militia members have the right to keep and bear arms. Please.

But this does fly in the face of the more philosophical aspect of the argument many 2A absolutists espouse, that is transcends the words on the bill of rights, that the right to self defense is a fundamental human right in its totality and that the ability to bear arms is a fundamental pillar of that, that it is a natural right.

 

[SkyChief]

But this does fly in the face of the more philosophical aspect of the argument many 2A absolutists espouse, that is transcends the words on the bill of rights, that the right to self defense is a fundamental human right in its totality and that the ability to bear arms is a fundamental pillar of that, that it is a natural right.

Yes - that is the philosophical argument - that the right to keep and bear arms is a natural right - not a right bestowed on the people by Congress, and I totally agree with that philosophy.

The Second Amendment doesn't "give" anyone the right to keep and bear arms - - everyone is born with that right. The Second Amendment merely prohibits Congress (and State lawmakers) from infringing on that right,

Undocumented immigrants are the "people", therefore they enjoy the same constitutional protections that American citizens do.

 

[trixare4kids]

Only citizens can bears arms

Correct.

[as part of a militias.]

I'm not a part of a militia but as an individual I have a right to bear arms. The second amendment protects that natural right.

The Second Amendment - Definition, Text & Rights

The Second Amendment, ratified in 1791, is one of 10 amendments that form the Bill of Rights. It establishes the right to bear arms and figures prominently in the long-running debate over gun control.

www.history.com

 

[anatta]

True.

LOL Casey C. Sullivan, Esq. is profoundly ignorant of the law.

The Second Amendment does NOT allow for limits. Quite the contrary. The Second Amendment in the Bill of Right explicitly PROHIBITS limits (infringements).

"shall not be infringed" means exactly that. Limits, restrictions, prohibitions, and other legal hurdles are INFRINGEMENTS.

Sullivan is 100% WRONG on the meaning and purpose of the Second Amendment.

Undocumented immigrants: It is generally illegal for undocumented immigrants to purchase or possess firearms under federal law.