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Immigration
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Title: WISCONSIN COURT SAYS ILLEGALS HAVE SAME RIGHTS AS U.S. CITIZENS TO BEAR ARMS
Source: [None]
URL Source: http://100percentfedup.com/wisconsi ... -as-u-s-citizens-to-bear-arms/
Published: Aug 24, 2015
Author: fed up
Post Date: 2015-08-24 02:04:17 by HAPPY2BME-4UM
Keywords: second amendment, illegal aliens, weapons, mexican gang
Views: 252
Comments: 10

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This ruling, from one of the most liberal states in America  should come as no surprise to anyone…

family guns

A Wisconsin appellate court on Thursday ruled that the right to keep and bear arms extends to all individuals in the United States, including “unauthorized aliens.”

The 7th Circuit Court of Appeals in United States v. Meza-Rodriguez decided “the term ‘the people’ in the Second Amendment has the same meaning as it carries in other parts of the Bill of Rights” and that the framers could have used the term “citizen” to bestow the right, as they had in other parts of the Constitution, but chose not to.

While the decision was a win for gun rights, as left-leaning website Think Progress noted, it also holds other implications for undocumented individuals living in the country.

Hidden just one level below the surface in Meza-Rodriguez is the question of whether “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” which is protected by the Constitution’s Fourth Amendment, applies to undocumented immigrants at all.

Mariano Meza-Rodriguez was carrying a .22-caliber cartridge when Milwaukee police arrested him on Aug. 24, 2013. Because he was a citizen of Mexico, this possession was illegal under federal law. Police were called to a bar the night of Meza-Rodriguez’s arrested after receiving reports that a man with a gun was there.

After reviewing surveillance footage from that night, investigators believed they saw the man pointing what looked like a firearm. Police then later responded to another bar nearby after receiving reports of a fight. Officers then identified Meza-Rodriguez as the individual in the surveillance video. After chasing the suspect on foot and searching him, officers discovered the cartridge.

The Justice Department argued an undocumented immigrant wasn’t considered a part of “the people” and therefore not subject to search and seizure protections.

The case could go as far as the Supreme Court and if the DOJ argument is favored, it could affect the way illegal immigrants are treated in this country, Think Progress writes.

If this argument ultimately prevails, it will have profound ripple effects that extend far beyond the subject of guns. As mentioned above, the Fourth Amendment also refers to a right belonging to “the people,” so if that term does not include undocumented immigrants, their rights to be free from abusive police tactics could be severely curtailed. Similarly, the First Amendment refers to “the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Those rights could also potentially be stripped from undocumented immigrants if the Justice Department’s arguments prevail.

The court rejected the DOJ’s argument that the noncitizen cannot be a part of the “the people” because of the lack of commitment to basic obligation to U.S. society, according to analysis from Josh Blackman, an associate professor of law at the South Texas College of Law. The court rejected that notion, Blackman wrote, saying the Second Amendment is not a second-class right.


Poster Comment:

======================================================

IIRC, illegal aliens legal right to bear arms has already been shot down either by the USSC or a higher appellate court.(2 images)

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Begin Trace Mode for Comment # 10.

#3. To: HAPPY2BME-4UM (#0)

No. They do have the right to the second amendment. Just like people who drive through jersy have a right to the second amendment. All human beings have the right to arm themselves for protection against the.threats of this world. Let everyone have guns. It will be a more polite soceity for it.

titorite  posted on  2015-08-24   4:15:06 ET  Reply   Untrace   Trace   Private Reply  


#4. To: titorite (#3)

The amendment simply doesn't apply to them. The CONSTITUTION doesn't. Of original intent goes, the Constitution is defunct in everything but name.

NeoconsNailed  posted on  2015-08-24   4:23:03 ET  Reply   Untrace   Trace   Private Reply  


#5. To: NeoconsNailed, HAPPY2BME-4UM, titorite, noone222, purplerose (#4)

The amendment simply doesn't apply to them. The CONSTITUTION doesn't. Of original intent goes, the Constitution is defunct in everything but name

let's not assume that opinions on this case mean that folks who think rights should be afforded all 'people' are ok with the illegal alien invasion.

people in this country have rights. for example in santa ana ca, a hotbed of illegal aliens, police cant just search cars at will during traffic stops and break into homes rifling through belongings of illegals. if an illegal is arrested they cannot simply be deported without an immigration hearing. they cant be arrested for marching down the street demanding driver licenses (well the governor already gave illegals licenses earlier this year , but anyway.) they cant be arrested for their free speech. their rights of religion aren't restricted because they aren't "citizens." Furthermore, how many 'free man on the land SOVEREIGNS, who reject the concept of 'citizenship' do ya'll know? are you to say that they cant have guns either, because they aren't "CITIZENS?"

The notion that a person has no rights whatsoever here simply because they aren't a citizen is wildly innapropriate and un-American., and I believe there is no legal basis for it that will be upheld. The DOJ position is a desperate overreach.

No, I think this ruling is correct. jose can have his right to guns. drop the weapons charge and then deport him for being here illegally.

Artisan  posted on  2015-08-24   8:57:05 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Artisan (#5)

jose can have his right to guns. drop the weapons charge and then deport him for being here illegally.

EXACTLY. Let em keep his gun, he'll need it in mexico.

Cite and enforce the laws as they are.

titorite  posted on  2015-08-25   19:29:49 ET  Reply   Untrace   Trace   Private Reply  


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