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illegal immigrants not allowed to own guns

jdholmes

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I think Gil's point is that only people born in the United States are really "Americans".

But hey, wait... there are two "United States" in North America: the United States of America, and Estados Unidos Mexicanos.

Gil is going to be sooooo confused now... :eek:

I understood what his point was...his point was wrong though at least according to the rest of the world, and their dictionaries and encyclopedias. American can absolutely mean a citizen of the United States (not because it's a proper description of nationality so much as its a word they claimed) or it can also mean any person who lives in the Americas.
;)

That he tried to argue it was futile. I think he just wanted to escape having to respond to the facts that ManInBlack had countered him with.
 
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jdholmes

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What happens if a cop finds a gun on person who is here illegally? All ya need to know. Until that changes we're just using up bandwidth.

That is likely going to vary state to state. Some states are much more relaxed when it comes to how they treat illegals especially in the sanctuary states.

Also the question was, should they be able to. Not can they. And if the cop is doing his job ideally he wouldn't even know if they were illegal. And how does he really? If they are a recent illegal they may still have valid ID from their home country. Visiting aliens have the right to carry...

Illegality wouldn't come into question unless for some reason they were required to present some ID but could not and then he would have to contact ICE.

Even then would the charges have anything to do with a gun? Probably not...because I don't think the law specifies anything about it...that I can recall unless.
 
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Gil223

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I inadvertantly overlooked the MIB's comments

To satisfy the Canuck -
You got a cite for that? How do you determine which of the first ten amendments protects the rights of all, and which magically "restrict non-citizens from certain things." Are you in possession of a secret constitutional decoder ring you pulled out of a Cracker Jack box?

Clearly, the Supreme Court disagrees with your contention that the natural rights of illegal aliens are not protected by the U.S. Constitution.

Clearly, you are wrong again. I have previously stated that the majority of the protections offered by the BoR is "granted" to illegal aliens. Inasmuch as this is a firearms oriented forum, my argument specifically addresses 2A. In the District of Columbia v Heller, the majority opinion, as reported by Justice Antonin Scalia, declares:
(a) In the Second Amendment’s operative clause (“the right of the people to keep and bear Arms, shall not be infringed”), the phrase “the right of the people” creates “a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.” (emphasis added for clarity)
Dictionary definition of the word "American":
A·mer·i·can
   [uh-mer-i-kuhn]
adjective
1. of or pertaining to the United States of America or its inhabitants: an American citizen.

U.S. Constitution, Article IV, Section 2, Clause 1 states:
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

There are only two ways to become a "Citizen" of the United States - natural birthright or the completion of the naturalization process. Mere presence within our borders does not automatically make a foreign national a "citizen". And, while we're on the subject, Article IV, Section 4, proclaims:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Looks like the feds have, once again, fallen down on their job. The invasion, across our southern border, continues at the rate of 1,000+ per day! A person born in the USA (yes - currently - even the offspring of illegal aliens) cannot be here illegally... unless that person has renounced their citizenship. A naturalized citizen cannot be in the USA illegally (unless they knowingly provided false information on their application in order to preclude the rejection of that application - or they have renounced their citizenship). Anyone who fails to meet either of those standards, is not "a citizen of the USA". If they are visiting the USA on a Visa/Passport, they are considered guests in our country, for a specific reason, and for a specified, limited period of time. The RKBA, and the right to vote in our elections, are the only two protected rights which visitors (non-citizens) are not granted! Even citizens (exception: FFL license holders) can't legally purchase and take delivery of a firearm in another state, much less import guns from another country! Why should guests in our country have more rights than the citizens?

These pathetic counter-arguments are something I would expect from some blinded, contrarian, liberal, left-wing, gun-grabbing Obamabot(s). There are some benefits to being an American citizen that are not extended to those who are not American citizens (we don't have to "take a number" and stand in line to be here legally). To simplify my argument even further, here is the equation: A=(C-ia) or (in plain American English) - "American" equals (Citizens minus illegal aliens). How can you repeatedly fail to understand that rationale?
Pax...
 
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Tawnos

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If you're going to cite Heller, may I do the same?
What is more, in all six other provisions of the Constitution that mention “the people,” the term unambiguously refers to all members of the political community, not an unspecified subset. As we said in United States v. Verdugo-Urquidez, 494 U. S. 259, 265 (1990) :

“ ‘[T]he people’ seems to have been a term of art employed in select parts of the Constitution… . [Its uses] sugges[t] that ‘the people’ protected by the Fourth Amendment , and by the First and Second Amendment s, and to whom rights and powers are reserved in the Ninth and Tenth Amendment s, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.”

Any person who has settled here and established themselves here certainly has "developed sufficient connection with this country to be considered part of that community.” Regardless of how they got here, legally or not, "the people" does not mean "US citizens". Indeed, a person here on temporary visa may seek to purchase a firearm their first day here, and they may bear that arm according to the laws of their state.

Additionally, the 14th amendment guarantees equal protection of the law to all persons, as well as protection against deprivation of rights without due process. You ignore that and what it entails.
 

Gil223

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If you're going to cite Heller, may I do the same?


Any person who has settled here and established themselves here certainly has "developed sufficient connection with this country to be considered part of that community.” Regardless of how they got here, legally or not, "the people" does not mean "US citizens". Indeed, a person here on temporary visa may seek to purchase a firearm their first day here, and they may bear that arm according to the laws of their state.

Additionally, the 14th amendment guarantees equal protection of the law to all persons, as well as protection against deprivation of rights without due process. You ignore that and what it entails.

Well, here we go again... Nowhere does any federal law - or the Constitution - say "Regardless of how they got here, legally or not...". Such an assumption on your part is totally ridiculous! Undocumented occupiers are still not citizens, nor are they a part of "we the people".
On June 29, 2011, the U.S. Court of Appeals for the Fifth Circuit, in United States v. Portillo-Muñoz, upheld a federal statute prohibiting firearms possession by undocumented immigrants by concluding that undocumented immigrants are not part of “the people” granted Second Amendment rights.
Apparently, "the people" does not include illegal occupiers of our country.(SCOTUS subsequently upheld the 5th Circuit Court)

As for "purchasing a firearm their first day here"... indeed they may not! This is what the ATF has to say about it:
An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase.
If those are the requirements for "An alien legally in the U.S.", why in the world would you suppose an illegal alien is granted some kind of unwritten exemption, to own/carry?

I "ignored" nothing. The Constitution only affirms our rights as citizens. It does not, in any fashion, extend ALL those rights to any others. But... the government can grant certain of those rights to others, as the government sees fit. School is out now, you may go outside and play. Pax...
 

PistolPackingMomma

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I "ignored" nothing. The Constitution only affirms our rights as citizens. It does not, in any fashion, extend ALL those rights to any others. But... the government can grant certain of those rights to others, as the government sees fit. School is out now, you may go outside and play. Pax...

The Constitution does not extend any rights to anyone at all.

The government grants privileges, not rights. And if you trust the government, well...:uhoh:

I think you might need to stay after class.
 

ManInBlack

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As for "purchasing a firearm their first day here"... indeed they may not! This is what the ATF has to say about it: If those are the requirements for "An alien legally in the U.S.", why in the world would you suppose an illegal alien is granted some kind of unwritten exemption, to own/carry?

Yes, because ATF regulations supercede the Constitution... :rolleyes:

Tell me, what does a boot taste like?

I "ignored" nothing. The Constitution only affirms our rights as citizens. It does not, in any fashion, extend ALL those rights to any others. But... the government can grant certain of those rights to others, as the government sees fit. School is out now, you may go outside and play. Pax...

The Constitution affirms rights held by human beings. It is not as if the Founders didn't believe they possessed those same rights when they were subjects of the British Crown.
 

jdholmes

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I like how in his "dictionary definition of an American" he left out the second line of the definition. That's how you win arguments isn't it? LOL. Foolish.

The English language has many defitions for words sometimes. That is like me saying because the dictionary defines a pitcher as a guy that plays baseball, that can be the only definition. So a pitcher plant, and a water pitcher cannot be defined as pitcher.

Winner.
 
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jdholmes

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W
Yes, because ATF regulations supercede the Constitution... :rolleyes:

Tell me, what does a boot taste like?



The Constitution affirms rights held by human beings. It is not as if the Founders didn't believe they possessed those same rights when they were subjects of the British Crown.

This exactly.

Human rights. To deny them denies the very spirit with which the constitution was written.

And FYI you do not need state residency to purchase a firearm...now admittedly I could be wrong but I know Canadians can buy guns from the states, and I know folks from out of state that have purchased at gun shows...not to mention the fact that MaNY illegal aliens possess valid state ID and have residence.
 
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Tawnos

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Well, here we go again... Nowhere does any federal law - or the Constitution - say "Regardless of how they got here, legally or not...". Such an assumption on your part is totally ridiculous! Undocumented occupiers are still not citizens, nor are they a part of "we the people".
Apparently, "the people" does not include illegal occupiers of our country.(SCOTUS subsequently upheld the 5th Circuit Court)
I point to the case law ManInBlack quoted. Case law is considered part of the law, and since it was decided at a federal level, it most certainly says that illegal aliens are "persons":
Wong Wing v. U.S. (1896)
Citing Yick Wo v. Hopkins, the Court, in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments, stating ". . . it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law."

Additionally, in Mapp v. Ohio, it was held that the protection against unreasonable search and seizure (the 4th amendment, which states "the people" just like the second) applies to all persons, in which illegal immigrants are included, per the above quote:
Today we once again examine Wolf's constitutional documentation of the right to privacy free from unreasonable state intrusion, and, after its dozen years on our books, are led by it to close the only [367 U.S. 643, 655] courtroom door remaining open to evidence secured by official lawlessness in flagrant abuse of that basic right, reserved to all persons as a specific guarantee against that very same unlawful conduct. We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.

Also, you really should tone down with the random bold and italics. It makes you look a bit nutters (plus makes reading your quoted posts difficult).
 

Gil223

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The Constitution does not extend any rights to anyone at all.

Learn the difference between the words "extend" and "grant".

The government grants privileges, not rights. And if you trust the government, well...:uhoh:

The government grants access to those rights to those who do not - by accident of birth or the naturalization process - otherwise qualify to enjoy them.

I think you might need to stay after class.

I don't think you think, or that I really care if you think. Be sure to let us all know when you complete your ESL classes.:rolleyes:
 

ManInBlack

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Learn the difference between the words "extend" and "grant".

Fail.

[h=2]ex·tend[/h]   [ik-stend] Show IPA
verb (used with object) 1. to stretch out; draw out to the full length: He extended the measuring tape as far as it would go.

2. to stretch, draw, or arrange in a given direction, or so as to reach a particular point, as a cord, wall, or line of troops.

3. to stretch forth or hold out, as the arm or hand: to extend one's hand in greeting.

4. to place at full length, especially horizontally, as the body or limbs.

5. to increase the length or duration of; lengthen; prolong: to extend a visit.

6. to stretch out in various or all directions; expand; spread out in area: A huge tent was extended over the field.

7. to enlarge the scope of, or make more comprehensive, as operations, influence, or meaning: The European powers extended their authority in Asia.

8. to provide as an offer or grant; offer; grant; give: to extend aid to needy scholars.

The government grants access to those rights to those who do not - by accident of birth or the naturalization process - otherwise qualify to enjoy them.

Wrong again. The Constitution forbids the government from infringing on rights. Quite a different thing from "granting access to rights" (got a cite for that phraseology, or do you prefer to insist on speaking from a position of total ignorance?).
 
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Gil223

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I point to the case law ManInBlack quoted. Case law is considered part of the law, and since it was decided at a federal level, it most certainly says that illegal aliens are "persons":

I hesitate to quote 116 year old rulings, since they may be outdated by successive findings on the same subject, often within the same decade. Read (assuming you can read) your own citation - "in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments". First, it does not reference 2A at all - it simply says that 5A and 6A are "citizenship-blind".

Additionally, in Mapp v. Ohio, it was held that the protection against unreasonable search and seizure (the 4th amendment, which states "the people" just like the second) applies to all persons, in which illegal immigrants are included, per the above quote

And, again, selective inclusion of a specific class of persons by the government to what we enjoy as "rights". The government can do that - they make the rules... and they make them conflicting and confusing, unfortunately. We cannot play "connect-the-dots" and just assume that any amendment-specific interpretation of a word or phrase will necessarily carry over to any or all of the others:
Mapp v. Ohio, 367 U.S. 643 (1961), in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states.

Another 4A case, in a 2A forum. If you are eventually able to differentiate between apples and oranges, feel free to get back to me.

Also, you really should tone down with the random bold and italics. It makes you look a bit nutters (plus makes reading your quoted posts difficult).

When I try to dictate how you communicate here, I will - at that time - take any guidance offered by you under advisement.

The bold and italics are not "random". They are used in an attempt to insure numb-nuts don't miss the point. Apparently, that strategy failed in your case.

I am not responsible for the font readability of posts of mine that have been quoted (and frequently misquoted). You'll have to take that up with the powers-that-be.
 

ManInBlack

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I hesitate to quote 116 year old rulings, since they may be outdated by successive findings on the same subject, often within the same decade. Read (assuming you can read) your own citation - "in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments". First, it does not reference 2A at all - it simply says that 5A and 6A are "citizenship-blind".

"MAY BE"


But aren't. We provide cites; you provide bullsh*t. See the pattern here?

Again, the Bill of Rights cannot be cherrypicked with regards to certain classes of people, as that leads to an equal protection issue. If certain people are allowed to exercise their full suite of natural rights, but another group is only allowed the exercise of limited rights, that is a problem.

And, again, selective inclusion of a specific class of persons by the government to what we enjoy as "rights". The government can do that - they make the rules... and they make them conflicting and confusing, unfortunately. We cannot play "connect-the-dots" and just assume that any amendment-specific interpretation of a word or phrase will necessarily carry over to any or all of the others:

This isn't the legislative branch passing a law. This is the judicial branch interpreting that the Constitution itself affirms pre-existing rights in all people. There is no granting or extending or selective inclusion at all; merely recognition.

Another 4A case, in a 2A forum. If you are eventually able to differentiate between apples and oranges, feel free to get back to me.

See equal protection.


When I try to dictate how you communicate here, I will - at that time - take any guidance offered by you under advisement.

The bold and italics are not "random". They are used in an attempt to insure numb-nuts don't miss the point. Apparently, that strategy failed in your case.

I am not responsible for the font readability of posts of mine that have been quoted (and frequently misquoted). You'll have to take that up with the powers-that-be.

Your style sucks.
 
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Gil223

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Fail.

(Here's a phrase I have yet to see you put into a post...) Apparently I was wrong (even though it is placed as the last of the commonly accepted usages). My mistake. Gomen asai, mea culpa, etc.

Wrong again. The Constitution forbids the government from infringing on rights. Quite a different thing from "granting access to rights" (got a cite for that phraseology, or do you prefer to insist on speaking from a position of total ignorance?).

Then perhaps you can explain this: On June 29, 2011, the U.S. Court of Appeals for the Fifth Circuit, in United States v. Portillo-Muñoz, upheld a federal statute prohibiting firearms possession by undocumented immigrants by concluding that undocumented immigrants are not part of “the people” granted Second Amendment rights. (On appeal, SCOTUS subsequently upheld the 5CC ruling.)

I speak from the position most likely to be understood by those who I am addressing. :rolleyes: Pax...
 

Gil223

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"MAY BE"


But aren't. We provide cites; you provide bullsh*t. See the pattern here.

Again, the Bill of Rights cannot be cherrypicked with regards to certain classes of people, as that leads to an equal protection issue. If certain people are allowed to exercise their full suite of natural rights, but another group is only allowed the exercise of limited rights, that is a problem.



This isn't the legislative branch passing a law. This is the judicial branch interpreting that the Constitution itself affirms pre-existing rights in all people. There is no granting or extending or selective inclusion at all; merely recognition.



See equal protection.




Your style sucks.

See post #217, you micro-focused contrarian.
 

ManInBlack

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^You really need to learn how to properly use the quote function.

It was not, in fact, the last of the defined usages of the term "extend." I just stopped at #8 because I didn't want to make your little head explode with too much knowledge.
 

sudden valley gunner

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Then perhaps you can explain this: On June 29, 2011, the U.S. Court of Appeals for the Fifth Circuit, in United States v. Portillo-Muñoz, upheld a federal statute prohibiting firearms possession by undocumented immigrants by concluding that undocumented immigrants are not part of “the people” granted Second Amendment rights. (On appeal, SCOTUS subsequently upheld the 5CC ruling.)

I speak from the position most likely to be understood by those who I am addressing. :rolleyes: Pax...

Easy statist judges ruling for more estatism........:rolleyes:.....

To me constitutional law is far more important than case law.
 
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