联邦上诉法院:非法外国人不享有第二修正案权利
Federal Appeals Court: Illegal Aliens Do Not Have 2nd Amendment Rights

原始链接: https://www.zerohedge.com/political/federal-appeals-court-illegal-aliens-do-not-have-2nd-amendment-rights

新奥尔良的一家美国上诉法院裁定,居住在美国且没有适当证件的非公民不能合法拥有枪支。 该裁决来自移民何塞·帕斯·梅迪纳-坎图 (Jose Paz Medina-Cantu) 提起的诉讼,他被发现在美国非法居留期间携带手枪。 尽管梅迪纳-坎图承认与此事件相关的指控有罪,但他的律师辩称枪支指控侵犯了他的宪法权利。 然而,第五巡回法院的三名法官小组同意联邦法律禁止未经授权居住在美国的非公民拥有枪支,并援引第二修正案仅适用于“美国公民”。 一位法官 James Ho 进一步指出,违反移民规则的非公民不会成为美国宪法规定的受保护社区的一部分。 此外,Ho 还强调了最高法院之前在 NYSRPA 诉 Bruen 案中的裁决,该裁决没有要求美国公民在申请隐蔽携带许可证时给出理由。 尽管如此,上诉法院强调,第二修正案的保护并不适用于非法入境者,因此驳回了梅迪纳-坎图的主张。

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原文

Authored by Eric Lendrum via American Greatness,

On Tuesday, a federal appeals court in New Orleans ruled that illegal aliens do not have the right to bear arms under the Second Amendment, due to the fact that they are not American citizens.

As reported by Fox News, a three-judge panel of the 5th U.S. Circuit Court of Appeals determined that federal law prohibiting illegal aliens from owning firearms is legal, as the Constitution does not apply to anyone who has entered the United States illegally.

The decision came as the result of an appeal by an illegal alien named Jose Paz Medina-Cantu, who had been arrested in Texas in 2022 by the Border Patrol. He was charged with illegal possession of a handgun, and illegally re-entering the country after having already been deported.

Although he pleaded guilty to the charges, his lawyers argued during his appeal that the gun charge was a violation of his Constitutional rights. In their appeal, the lawyers cited the landmark Supreme Court decision in the 2022 case New York State Rifle and Pistol Association v. Bruen, where the court ruled in a 6-3 majority that Americans do not have to provide a reason when seeking a concealed-carry permit. This ruling has led to numerous anti-gun laws across the country being challenged in court, with many being overturned based on Bruen’s precedent.

After hearing the appeal of the illegal’s lawyers, the three-judge panel ruled that the rights granted to American citizens by the Constitution do not apply to illegals.

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,” said U.S. Circuit Judge James Ho in a concurring opinion. “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 Court has repeatedly explained that ‘an alien… does not become one of the people to whom these things are secured by our Constitution by an attempt to enter forbidden by law’… But that’s, of course, the very definition of an illegal alien – one who ‘attempts to enter’ our country in a manner ‘forbidden by law,’” Judge Ho continued. “So illegal aliens are not part of ‘the people’ entitled to the protections of the Second Amendment.’

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