"As to common sense, an illegal alien does not become ‘part of a national community’ by unlawfully entering it, any more than a thief becomes an owner of property by stealing it."
The Fifth US Circuit Court of Appeals in New Orleans ruled Monday that illegal immigrants have no right under the Second Amendment to bear arms.
The court ruled on a case involving Jose Paz Medina-Cantu, a Mexican national who was detained in Texas by the US Customs and Border Patrol in 2022. Medina-Cantu had reentered the US after having already been deported and was charged with illegal possession of a handgun.
After he pleaded guilty to charges of illegally possessing a firearm and illegally re-entering the US, Medina-Cantu pursued a challenge to the firearms charge, with his lawyers arguing that he had a right under the Second Amendment to possess a gun, Fox News reported. The attorneys cited the 2022 Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen, in which the court ruled 6-3 that gun regulations must be "consistent with this nation's historical tradition of firearm regulation."
However, the three judges on the federal court panel decided that the illegal immigrant’s challenge to his conviction was based on the false premise that he had Second Amendment rights, which the court ruled do not apply to people who are in the US illegally. They wrote that the Supreme Court ruling "did not unequivocally abrogate our precedent that the plain text of the Second Amendment does not encompass illegal aliens."
US Circuit Judge James Ho, a conservative circuit court judge appointed by former President Donald Trump, described succinctly why he ruled against Medina-Cantu, writing, “The Second Amendment protects the right of ‘the people’ to keep and bear arms. Our court has held that the term ‘the people’ under the Second Amendment does not include illegal aliens.”
He added, "As to common sense, an illegal alien does not become ‘part of a national community’ by unlawfully entering it, any more than a thief becomes an owner of property by stealing it."
Powered by The Post Millennial CMS™ Comments
Join and support independent free thinkers!
We’re independent and can’t be cancelled. The establishment media is increasingly dedicated to divisive cancel culture, corporate wokeism, and political correctness, all while covering up corruption from the corridors of power. The need for fact-based journalism and thoughtful analysis has never been greater. When you support The Post Millennial, you support freedom of the press at a time when it's under direct attack. Join the ranks of independent, free thinkers by supporting us today for as little as $1.
Remind me next month
To find out what personal data we collect and how we use it, please visit our Privacy Policy
Comments