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re: Judge appointed by O'Bama rules illegals can legally carry firearms and ammo

Posted on 3/25/24 at 12:23 pm to
Posted by roadGator
Member since Feb 2009
140728 posts
Posted on 3/25/24 at 12:23 pm to
If an illegal is arrested for speeding over 100 miles per hour do they just get the death penalty or do they have a right to a trial.
Posted by momentoftruth87
Member since Oct 2013
71597 posts
Posted on 3/25/24 at 12:25 pm to
They should be removed. You realize the definition of a tourist and illegals migrant is different? If a tourist overstays their allowed time they should be removed and at least we know who it is.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 3/25/24 at 12:25 pm to
quote:

They should be removed.

What if they've already been given a court date and are here legally pending that date?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261595 posts
Posted on 3/25/24 at 12:26 pm to
These baws just follow the leader...

"We're going to take the firearms first and then go to court."
Posted by momentoftruth87
Member since Oct 2013
71597 posts
Posted on 3/25/24 at 12:26 pm to
They have no rights until they are a citizen if they are a migrant coming for refuge.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261595 posts
Posted on 3/25/24 at 12:28 pm to
quote:


They have no rights until they are a citizen if they are a migrant coming for refuge.


Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 3/25/24 at 12:37 pm to
quote:

They have no rights until they are a citizen

This is simply not true.

The 2A has no specific USSC case on this issue, but we have plenty of USSC cases (including the one I keep citing) stating they have rights.
This post was edited on 3/25/24 at 12:38 pm
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63214 posts
Posted on 3/25/24 at 12:39 pm to
quote:

Where is the word "citizen" used in the 2A?


I don't mind the ruling (though I support gun sellers not selling to illegals, as well as state laws to that effect), however, militia is used as a prerequisite in a lot of arguments. You can't join the armed services as an illegal alien.
This post was edited on 3/25/24 at 12:40 pm
Posted by Jjdoc
Cali
Member since Mar 2016
53502 posts
Posted on 3/25/24 at 12:40 pm to
quote:

If an illegal is arrested for speeding over 100 miles per hour do they just get the death penalty or do they have a right to a tri


Has nothing to do with the 2nd.


quote:

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
.

That's the 11th making that ruling in 2022. That is specific for owning a gun as an illegal.

He had been in the USA for 2 decades and got caught with a gun. It went to the 11th and it was ruled that illegals are not afforded pre-existing common law.


It's been ruled on over and over
Posted by momentoftruth87
Member since Oct 2013
71597 posts
Posted on 3/25/24 at 12:40 pm to
Correct. You have to be a permanent resident which means they are here legally.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 3/25/24 at 12:40 pm to
quote:

I don't mind the ruling (though I support gun sellers not selling to illegals, as well as state laws to that effect), however, militia is used as a prerequisite in a lot of arguments. You can't join the armed services as an illegal alien.

This interpretation would make the 2A only apply to citizens in the military as well, though.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 3/25/24 at 12:41 pm to
quote:

and it was ruled that illegals are not afforded pre-existing common law.



How do you operate in society without the ability to read?
Posted by Jjdoc
Cali
Member since Mar 2016
53502 posts
Posted on 3/25/24 at 12:41 pm to
quote:

The 2A has no specific USSC case on this issue, but we have plenty of USSC cases (including the one I keep citing) stating they have rights.


You keep going thread to thread spouting this. It had nothing to do with the 2nd.

But the 11th ruled along with 8 other higher courts specifically on the 2nd.


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.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63214 posts
Posted on 3/25/24 at 12:42 pm to
Or eligible in the event a need arises.

Either way, I'm fine with a ruling that hits that argument.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261595 posts
Posted on 3/25/24 at 12:43 pm to
quote:

however, militia is used as a prerequisite in a lot of arguments.




Posted by Jjdoc
Cali
Member since Mar 2016
53502 posts
Posted on 3/25/24 at 12:44 pm to
quote:

How do you operate in society without the ability to read?


Bless your leftist heart.


quote:

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.



It's you Mr "attorney" who can not read
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63214 posts
Posted on 3/25/24 at 12:45 pm to
Why don't you say what you mean, Roger? Your brand of emotive trolling is incomprehensible and usually based on misunderstanding someone's post.
Posted by roadGator
Member since Feb 2009
140728 posts
Posted on 3/25/24 at 12:46 pm to
Removed before they stand trial? What about an illegal that robs a bank?

Remove them or prosecute them. If prosecute do they have any protections from the constitution?
Posted by boogiewoogie1978
Little Rock
Member since Aug 2012
17060 posts
Posted on 3/25/24 at 12:46 pm to
quote:

he Constitution applies to all people in America, not just citizens

So a known cartel member with zero US convictions should be able to walk around with a gun. Is this your stance?
This post was edited on 3/25/24 at 1:00 pm
Posted by roadGator
Member since Feb 2009
140728 posts
Posted on 3/25/24 at 12:47 pm to
Good thing we are talking about all of the constitution.
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