Judicial Watch • Court: Illegal Aliens Don’t Have 2nd Amendment Rights

Court: Illegal Aliens Don’t Have 2nd Amendment Rights

Court: Illegal Aliens Don’t Have 2nd Amendment Rights

DECEMBER 21, 2012

Judges across the country have ruled over the years that illegal immigrants have certain constitutional rights in the U.S., but a federal appellate court has drawn the line with the Second Amendment, which interestingly is the topic of heated discussions lately.

The case involves a Mexican national, Nicolas Carpio-Leon, arrested and charged for entering the country illegally, using a fake Social Security to obtain a driver’s license and owning two guns. Carpio-Leon has lived in Orangeburg South Carolina for more than a decade and has three American-born children (anchor babies).

It was a slam-dunk case for the feds when they indicted him last year; an illegal immigrant using a fake identity in possession of a .22 caliber Marlin rifle, a 9 millimeter Hi-Point pistol and ammunition. Hiding behind the Second Amendment right to bear arms, Carpio-Leon claims he’s entitled to keep the firearms to protect his kids and home.

In a court motion, he argues that the constitution also applies to illegal immigrants, that they too have the right to keep guns in their homes for their families’ protection. The Second Amendment could not possibly have excluded illegal immigrants, Carpio-Leon asserts in his motion, because when it was enacted “attitudes toward immigration were the reverse of today’s attitudes.”

This laughable argument was slammed by the U.S. Court of Appeals for the Fourth Circuit, which notes the constitutional right to bear arms has always been reserved for law-abiding, responsible citizens. This would automatically exclude those who violate U.S. immigration laws. Therefore illegal immigrants are not covered by the Second Amendment since they are not law-abiding citizens, the court says.

In fact, when it comes to the Second Amendment, the Virginia-based appellate court put illegal aliens in the same category as felons convicted of violent crimes. “Thus, the Second Amendment does not guarantee the right to possess for every purpose, to possess every type of weapon, to possess at every place, or to possess by every person,” according to the decision which has been posted by an online publication that covers legal matters.

It’s not uncommon to see illegal immigrants suing over the violation of their constitutional rights in U.S. courts, especially the Fourth Amendment because it involves racial profiling and illegal searches by police. Another popular one is the First Amendment, which has been repeatedly used by open-borders activist to fight laws prohibiting day laborers from congregating in public places.






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  • judith

    Borders should be defended, as stated in rhe vow raken by everyone , including the President. Illegal aliens and their families should be returned to their original country, as they are arrested. Because the President has not followed the law in a lot more cases than illegal aliens, he should be removed from office.

  • kylefclark

    Wow, a U.S. Circuit Court that actually defines & stands up for the rights of real American citizens, how admirable!

  • mthammer36

    That is what is wrong with this country , too many people believing that illegal immigrants have rights as long as they follow the law and dont commit any crimes. That is a false premise and when the ACLU goes to court to fight for a persons rights and descrimination , there is no grounds for them to defend any illegal immigrants and should be disbarred for taking upthe courts time the courts , locked up for breaking the law. The same holds true for President Obama, he has no rights or grounds to grant any anchor babies born in this country and amnesty or work visa’s . If he is instrumental in doing that ,it can be proven along with nancy napolitano , that both of them have violated the law . Eric Holder who should resign for lieing to Congress to begin with should Lock up nancy napolitano for not enforcing the laws that were on the books when she became Head of Homeland Security, Obama should be impeached for not enforcing the laws that were on the books against illegal immigration when he took the oath of Office as President. It is a travesty that the Democrats in Congress endorse Obama , who has broken the laws since he has been n Office , he as blood on his hands for the 4 Americans that lost their lives in benghazi , for all the drone kills since he has been inoffice. I will continue through out my remaining days be a contributer and do everything in my power to endorse and back Jusicial watch until I die.

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