Circuit Court rules that illegal immigrants have no right to bear arms in U.S.
Federal appeals court says that illegal immigrants have only limited protection under U.S. Constitution
A federal appeals court has ruled that illegal immigrants don't have a right to own firearms under the U.S. Constitution. Emmanuel Huitron-Guizar of Wyoming pleaded guilty to being an illegal immigrant in possession of firearms after his arrest last year and was ordered held by immigration authorities at the Natrona County Detention Center in Wyoming.
The 10th U.S. Circuit Court of Appeals in Denver ruled that the defendant fell under the Gun Control Act of 1968, which forbids gun possession by nine classes of individuals, including illegal aliens.
But the 10th U.S. Circuit Court of Appeals in Denver ruled that Huitron-Guizar fell under the Gun Control Act of 1968, which forbids gun possession by nine classes of individuals, including illegal aliens. It conceded there is some argument about the meaning of "the people" and U.S. citizens - but found that Congress had lawfully exercised its power to distinguish between citizens and non-citizens.
"That Congress saw fit to exclude illegal aliens from carrying guns may indicate its belief, entitled to our respect, that such aliens, as a class, possess no such constitutional right," the court said.
Huitron-Guizar's attorney appealed the case, saying that illegal immigrants are not excluded from possessing firearms like felons and people who are mentally ill, and should have the same rights as other U.S. citizens to buy a gun for hunting and protection.
The 10th Circuit U.S. Court of Appeals in Denver ruled this week that illegal immigrants have only limited protection under the Constitution.
Huitron-Guizar's attorney, Ronald Pretty says that he plans to appeal to the U.S. Supreme Court.
In an earlier case, the United States v. Portillo-Munoz, the U.S. Court of Appeals for the Fifth Circuit held that illegal immigrants are not part of the "people" protected by the Second Amendment and have no constitutional right to bear arms.
Defendant-appellant Armando Portillo-Munoz was arrested by a Dimmit, Texas police officer who found a .22 caliber handgun in the center console of a four-wheeler driven by Portillo. Portillo indicated to officers that the handgun was used to shoot coyotes at a ranch he worked at. Portillo admitted to being a native and citizen of Mexico and illegally present in the United States.
Portillo's attorneys filed a motion to dismiss, alleging that conviction under 18 U.S.C. § 922(g)(5), which makes it unlawful for an illegal alien to possess a firearm or ammunition, would violate the Second Amendment. The district court denied the motion to dismiss and Portillo entered a conditional guilty plea. The Fifth Circuit affirmed the district court's denial of the motion to dismiss.
© 2012, Catholic Online. Distributed by NEWS CONSORTIUM.
- - -
Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.
Keywords: Illegal immigrant, Emmanuel Huitron-Guizar, Second Amendment, federal appeals
Rate This Article
Leave a Comment
More Politics & Policy News
- Attorney General approved warrant for Fox reporter's emails
- 'Journalism has been criminalized' Juan Williams declares
- Documents reveal US drone policy is scandalously indiscriminate
- Special Report from the Virginia Republican Nominating Convention: A Time To Choose - Life
- Lois Learner pleads the 5th. Was she the crook behind it or was she following orders from higher up?
- Sick of deception! Democrat threatens IRS with appointment of special prosecutor
- FOURTH OBAMA SCANDAL: Did HHS Secretary Kathleen Sebelius solicit funds for nonprofit group?
- Carney still insists nobody told Obama about IRS investigation
- State Department insider warns more whistle-blowers to come on Benghazi scandal
- Fr. Paul Schenck: Finding Living Faith on Catechetical Sunday
- The Movie Yellow: Incest as 'Normal' and Cassavates's Slides Into the World of Woes
- The Chicago School Teachers Strike Reveals the Need For School Choice
- The Sexual Barbarians and the Dissolution of Culture
- The Happy Priest Challenges Us to Ask: Who is Jesus to Me?
- Michael Coren on Canadian Public Schools: Teachers, leave those kids alone
- We Cannot Ignore Our Consciences: Cardinal Dolan On Religious Liberty
- In the Face of Danger, Successor of Peter Travels to Lebanon as a Messenger of Peace
- Reflections on the Dignity and Vocation of Women: Who or What?