Skip to content

Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

Because no one
is above the law!

Donate

Corruption Chronicles

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

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.

 

 

 

 

 

 


Related

VP’s Failed Initiative to Curb Irregular Migration Gets Another $170 Mil as Numbers Surge

Corruption Chronicles | March 28, 2024
As enormous amounts of U.S. taxpayer dollars pour into Central America under Vice President Kamala Harris’s ill-fated initiative to curb illegal immigration, the Biden administrati...

Judicial Watch: Federal Appeals Court Hearing in Lawsuit Challenging Illinois Counting Ballots up to…

Press Releases | March 27, 2024
(Washington, DC) – Judicial Watch announced today that an appellate oral argument is set for Thursday, March 28 in the U.S. Court of Appeals for the Seventh Circuit in the case fil...

Judicial Watch Sues to Get 911 Call, Arrest Report of Laken Riley’s Murder

In The News | March 27, 2024
From Breitbart: Judicial Watch President Tom Fitton announced a Georgia Open Records Act lawsuit against the University of Georgia (UGA) Police Department to get the 911 call made ...