Illegal Aliens Still Have The Right To Keep And Bear Arms, Courts Rule

Just because one doesn’t have American citizenship doesn’t mean they aren’t protected by the Second Amendment, according to a federal appeals court.

The U.S. 7th Circuit Court of Appeals made their ruling Thursday on a case involving Mariano Meza-Rodriguez, a technically illegal alien who has been living in the United States since he was about four years old. Constitutionally, Meza-Rodriguez still falls under the umbrella of the Second Amendment, but previous federal law said otherwise. Now, federal law lines up with the Constitution to include “the people” who are living in America, legally or otherwise.

Meza-Rodriguez was arrested in 2013 after a bar fight. Police discovered a .22-caliber round in Meza-Rodriguez’ pocket and he was charged for illegally possessing a firearm or ammunition, but he argued that the charges should be dismissed on the grounds that his Second Amendment rights were being infringed upon.

Chief Judge Diane Wood agreed and ruled that the Second Amendment’s guarantee of “the people’s” right to keep and bear arms does not extend only to those legally living within our border, but to anyone residing in America.

“We see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded,” wrote Chief Judge Diane Wood.

Even still, the courts upheld Meza-Rodriguez’ conviction, a direct violation of their ruling, his lawyer argued.

Judge Joel M. Flaum disagreed, saying the Second Amendment does not protect those who live in the country illegally. He did, however, acknowledge the glaring discrepancy in the ruling, adding that the panel shouldn’t have addressed Meza-Rodriguez’ Second Amendment concerns given the fact that possession of a firearm or ammunition by an illegal alien is clearly in violation of federal law.

(This article was a submission from freelance writer Brent Rogers)

About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 4 comments… add one }
  • Vladimir Ulyanov September 14, 2016, 11:49 am

    The constitution applies to Citizens and legal residents, not illegal aliens. I don’t know of any country that affords the same rights to aliens or citizens of other countries as it does its own citizens. Try taking a gun over the border into Mexico and you’ll end up in a stinking Mexican jail cell.

  • John August 28, 2015, 12:39 pm

    If the article is true or not, our government has a way of rewarding criminals over the law abiding. Illegal immigrants are just that: CRIMINALS. They shouldn’t be on social programs. Their children , born here, are not citizens. These people don’t have constitutional rights. They have human rights . They should be treated kindly, with respect, then deported. Its not our responsibility to care for all their needs and allow them to stay. I’m tired of working and paying taxes, to support deadbeats.

  • George August 27, 2015, 12:06 pm

    This article is completely WRONG.
    The court made no such decision on illegal aliens being able to legally own firearms. In fact it SPECIFICALLY stated the opposite:

    “Congress’s interest in prohibiting persons who are difficult to track and who have an interest in eluding law enforcement
    is strong enough to support the conclusion that 18 U.S.C. § 922(g)(5) does not impermissibly restrict Meza-Rodriguez’s Second Amendment right to bear arms. We thus AFFIRM the district court’s denial of his motion to dismiss.”

    What the court DID say was that illegal aliens ARE part of “the people” referenced in the various amendments to the Constitution including the 2nd. If they had decided otherwise, then the police could legitimately arrest them, incarcerate and search their property sans a warrant and/or probable cause in violation of the 4th Amendment.

    Another example of poor reporting. Back to school with you.

    • don April 9, 2018, 10:42 am

      I know a man that was born in Iran living in georgia Now has a license to carry a gun and has bought one, I don’t feel it’s right.
      if one is born here is one thing But if not hmmm.

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