Archive for May 9th, 2012

10th Circuit U.S. Court of Appeals Holds That Illegal Aliens Cannot Possess Firearms Under Second Amendment

May 9, 2012

Published by The Associated Press, May 08, 2012

DENVER –  A federal appeals court says illegal aliens don’t have a right to own firearms under the U.S. Constitution.

Emmanuel Huitron-Guizar of Wyoming pleaded guilty to being an illegal alien in possession of firearms after his arrest last year. He was ordered held by immigration authorities at the Natrona County Detention Center in Wyoming.

An attorney for Huitron-Guizar appealed the case, saying illegal aliens are not excluded from possessing firearms like felons and people who are mentally ill, and should have the same rights as U.S. citizens to buy a gun for hunting and protection.

The 10th Circuit U.S. Court of Appeals in Denver ruled Monday that illegal aliens have only limited protection under the Constitution.

Huitron-Guizar’s attorney didn’t return a call seeking comment.


10th Circuit ruling,

Court Rules 2nd Amendment Doesn’t Apply to Illegal Immigrants

From, May 8, 2012

A federal court has decided that illegal aliens are not protected by the Second Amendment right to bear arms and that is bound to tick off a lot of immigrants.

The court case that sparked this debate focused on Emmanueal Huitron-Guizar, who pled guilty to being in possession of firearms as an illegal alien. The court accepted his plea and he was held by a Wyoming detention center.

Huitron-Guizar’s lawyer, however, was not ready to give up the fight. He appealed the case, arguing that illegal aliens should have the same rights as US citizens to buy a gun for hunting or protection.

The 10th Circuit Court of Appeals reviewed the appeal and concluded that aliens have only limited protection under the Constitution.

Court cases like this can really lead to some tricky, controversial decisions. On the one hand, the Second Amendment clearly states the people have a right to bear arms. On the other hand, the laws of a country are designed to regulate its own citizens, and not citizens from other countries. Sure, it’d be great if the rest of the planet adopted the Bill of Rights and embraced freedom — that would really do away with a lot of terrible regimes out there. Until that day, though, it looks as though the US courts have decided that all of the benefits of the US Constitution will only apply to dues-paying members.