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re: Judge appointed by O'Bama rules illegals can legally carry firearms and ammo
Posted on 3/25/24 at 9:50 am to RogerTheShrubber
Posted on 3/25/24 at 9:50 am to RogerTheShrubber
quote:
"in this country."
In United States v. Jimenez-Shilon, the 11th Circuit rejected a Second Amendment challenge to 18 U.S.C. § 922(g)(5)(A), which prohibits firearm use or possession by any “alien” who is “illegally or unlawfully in the United States.” The holding itself is in some ways unremarkable – it joins every other federal circuit court that has considered the issue (now eight in all, according to the majority) in upholding § 922(g)(5) against challenges since Heller.
Judge Newsom relies entirely on a “text and history” approach. The “text” part of this analysis looks at the Second Amendment itself, and in this case, just one word: “people.” The opinion then delves into the question of whether noncitizens or foreigners fell within the Founding era’s public meaning of “the people,”.
Quoting a wide array of Founding-era documents and contemporary scholarship, the opinion concludes that “the people” included many noncitizens in most sections of the Constitution, but not when it is used in the Second Amendment, because the Amendment “codified” pre-existing common law rights, which excluded most noncitizens.
Again... you are applying protected rights of the American CITIZEN to illegals... That weakens the Constitution and higher courts have ruled many times on this.
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