Federal Court: Illegal Immigrants Don’t Have the Constitutional Right to Own Firearms

(AP)- A federal appeals court says 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. He was ordered held by immigration authorities at the Natrona County Detention Center in Wyoming.

Federal Court: No Constitutional Right to Bear Arms for Illegal Immigrants

An attorney for Huitron-Guizar appealed the case, saying illegal immigrants 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 immigrants have only limited protection under the Constitution.

Huitron-Guizar’s attorney, Ronald Pretty of Cheyenne, Wyo., says he plans to appeal to the U.S. Supreme Court.

Comments (115)

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  • blackyb
    Posted on May 8, 2012 at 3:27pm

    If they are not here legally, they should be deported, not just those who are not citizens. Some are supposed to be here on a visit. It is like company that will not leave after they are supposed to. Kick their azzes out. There are those waiting to enter legally.

    Report Post » blackyb  
    • TheCoffinMaker
      Posted on May 8, 2012 at 3:36pm

      Call me ridiculous, but after watching surveillance videos of illegal aliens marching into our country from Mexico, single file through the desert..

      …add to the fact that they go to our gun shops to arm themselves.

      Put together, it’s an invading army, if you’d ask me.

      Report Post » TheCoffinMaker  
    • pavepaws
      Posted on May 8, 2012 at 3:40pm

      Finally the court got one right. Now to apply that decision to the overall immigration problem might start on the path to solving the problem.

      Report Post »  
    • TheEDGE
      Posted on May 8, 2012 at 3:50pm

      But, but…. What about the price of lettuce? Who’s gonna mow my lawn? What about all of the empty prison cells?

      Report Post » TheEDGE  
    • J.C. McGlynn
      Posted on May 8, 2012 at 4:05pm

      One of the questions on a FF4473 is “Are you an illegally in the United States?”

      Report Post » J.C. McGlynn  
    • J.C. McGlynn
      Posted on May 8, 2012 at 4:06pm

      Forgot alien.

      Report Post » J.C. McGlynn  
    • marhee9
      Posted on May 8, 2012 at 6:27pm

      The whole “illegal” immigration thing has gotten so stupid. Conservatives are not against immigrants, most of us are immigrants. It’s the “illegal” part of the equation. The department of injustice has just added feul to the fire on this whole issue. Holder has to go in November, or sooner.
      http://www.youtube.com/watch?v=R83lXxK_8SI

      Report Post »  
    • DisgruntledInClinton
      Posted on May 9, 2012 at 2:30pm

      Not to mention the crimes illegals commit. When I read the papers, I am shocked at the high percentage of violent acts, especially sexual assault and rape, that are committed by men with Hispanic names. And I don’t live in an area with a ton of illegals…

      Report Post »  
  • Popp40
    Posted on May 8, 2012 at 3:27pm

    Obviously this lawyer Huitron-Guizar isn‘t a very good lawyer and doesn’t know the law……because illegal immigrants are breaking a Federal Law of being here ILLEGALLY, so doesn’t that make them felons. So you are wrong Huitron-Guizar…..they are felons and should be treated as one!

    Report Post »  
  • thegreatcarnac
    Posted on May 8, 2012 at 3:27pm

    Illegals are another leech sucking the life out of us. Deport them. Not only do they have no rights under our constitution,….as much as it irks the democrats….they CANNOT vote either.

    Report Post »  
    • RamonPreston
      Posted on May 8, 2012 at 3:48pm

      Correction. No supposed to vote. No ID required.

      Report Post » RamonPreston  
    • JRook
      Posted on May 8, 2012 at 3:58pm

      Agreed, But let’s not forget that the real criminals with respect to illegal aliens are the small and medium businesses or for that matter the wealthy that hire them ILLEGALLY. Most pay them cash which avoids paying payroll taxes and being subject to labor laws. Start fining the businesses or individuals who knowingly hire illegal aliens $250,000 per occurrence. That will go a long way to removing the incentive to come here. As for the remainder, deport them as soon as they attempt to collect any social services or place a child in school.

      Report Post »  
    • Bill Rowland
      Posted on May 8, 2012 at 5:10pm

      Don’t forget the ones that Roger Barnett caught on his ranch in Cochise County and held for BP. They sued him claiming PTSD and won. The were in this country illegally, trepassing on Rogers ranch and there were enough of them that Roger felt threatened so he held them at gunpoint. He could lose his ranch and other property (don’t know if he still owns his butane company and wrecker service) to these dirt bags. They are all voters for Sweet Old Barack.

      OMG 2012

      Report Post »  
    • Walter2012
      Posted on May 8, 2012 at 5:32pm

      illegal aliens should not have the rights afforded US Citizens in the Constitution! If i go to mexico, i can’t work, buy a gun or protest. What gives them the audacity to come here so freely. O-Rama circus & Bushy baby before him got this one “Super-wrong”. Deport them & tighen up immigration & citizenship! Enough is enough. Damn the progressive, socialist, communist nut-jobs!!!!!
      p.s. “Super-Wrong” is a new term used to define absolute stupidity!

      Report Post »  
    • Wolf
      Posted on May 8, 2012 at 11:51pm

      “…Illegals are another leech sucking the life out of us. Deport them. Not only do they have no rights under our constitution,….as much as it irks the democrats….they CANNOT vote either…”
      True: they have no rights under our Constitution, nor the Bill of Rights. Yet every person on earth actually has the same freedoms as we under our BoR, they just don’t recognize them or attempt to claim them, whichever the case may be.
      Regardless, they are not American citizens and therefore have no recourse under our laws, which are aimed toward citizens, not tourists, legal or otherwise. Nor do they have rights to any of our freedoms, especially being here illegally- which is one of the questions on the purchase form (forgot the number- 2214 or something).
      The judge was not only right, he may’ve set a precedent.

      Report Post »  
  • kspatriot
    Posted on May 8, 2012 at 3:27pm

    If we’d just start enforcing our own immigration laws by arresting and deporting ALL the illegal immigrants and arresting and cracking down on the business that are ILLEGALLY hiring them, most would self deport.

    Then there is this story. The illegal immigrants are “rolling us” for BILLIONS and laughing all the way to the bank! If this doesn’t upset you, you better check your pulse! Illegal Immigrants are stealing $4 Billion A YEAR from the IRS in the form of Child Tax Credits, FOR KIDS THAT LIVE IN MEXICO (IF THEY EVEN EXIST AT ALL)! This is OUTRAGEOUS! Watch the short video from WTHR Television in Indiana.

    http://www.wthr.com/video?clipId=7054149&autostart=true

    Report Post » kspatriot  
    • Solzhenitsin
      Posted on May 8, 2012 at 4:44pm

      So, start at home. Don‘t hire any contractor who doesn’t use E-verify. Call the stores, cleaners and restaruants you frequent and see if they use it. If you have a business where you are a regular, get to know the grunt- level employees. Some illegal aliens and some people caught in human trafficing end up at that level of employment- you might save a life or free a slave by such snooping. Encourage those you know to do the same. Illegal employment can end if we care to look behind the scenes. It’s not just about the damage they do to the US, but many of them are exploited themselves and have no recourse because they are illegal; they wouldn’t be so vulnerable had they come in the front door.

      Report Post »  
  • riseandshine
    Posted on May 8, 2012 at 3:26pm

    Duh

    Report Post » riseandshine  
    • lukerw
      Posted on May 8, 2012 at 3:48pm

      I want to know: WHAT Constitutional Rights do Illegal Aliens have?

      I would have thought that it was: NONE!

      Report Post » lukerw  
  • progressiveslayer
    Posted on May 8, 2012 at 3:26pm

    The court ruled the illegals have limited rights under the constitution,why do they have any rights? They’re not citizens of the U.S and shouldn’t have any rights and the illegal should be deported.

    Since we must follow the law all illegals should be deported all 12 to 20 million,it can and should be done.

    Report Post » progressiveslayer  
    • YANKEESLAYER
      Posted on May 8, 2012 at 3:36pm

      Maybe they should put a bounty on illegals…..it would put alot of people to work……solve the immigration problem and stimulate our economy.

      Report Post »  
    • TheEDGE
      Posted on May 8, 2012 at 3:43pm

      12 million in California alone! Maybe 15 million.

      Report Post » TheEDGE  
    • RamonPreston
      Posted on May 8, 2012 at 3:50pm

      Hey everybody!! Do you know Mexico doesn’t have an Olympic team? Everybody who can run, jump or swim is already here.

      Report Post » RamonPreston  
    • progressiveslayer
      Posted on May 8, 2012 at 4:01pm

      YANKEESLAYER The spirit of the entrepreneur,I like the idea and it would also help lower the crime rate.

      Report Post » progressiveslayer  
    • JRook
      Posted on May 8, 2012 at 4:27pm

      @progressiveslayer I am all for the entrepreneur but not those who build their businesses off the backs of exploited illegal workers and citizens who pay fair wages and associated payroll taxes. When they do that they are merely common criminals. Time to fine the wealthy, small and medium businesses who hire illegal workers $250,000 per occurrence. As my father used to say…“you steal a dollar or a million dollars you are still a common thief”. So let’s call such entrepreneurs what they are.

      Report Post »  
    • Blackhawk1
      Posted on May 8, 2012 at 5:08pm

      JRook

      See there you go again blaming the end result instead of the root of the problem. Businesses couldn’t hire illegal aliens if the Federal Government enforced their laws. If the Fed doesn’t want to do it then let the states do it. That way we could flush all the illegals over to California and then pray the state floats off into the ocean after the next earthquake.

      Report Post » Blackhawk1  
    • dataweaver
      Posted on May 8, 2012 at 5:33pm

      “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” – The Declaration of Independence.

      Illegal Immigrants _do_ have some rights under the constitution, because the Constitution doesn’t take away any of the aforementioned God-given rights. How could it? They’re God-given, not Constitution-given.

      Having said that, the right to bear arms is _not_ a God-given right, nor is the right to vote, or to drive. I think that the ruling got this one right: illegal aliens do indeed have limited rights under the Constitution.

      Report Post »  
    • Chet Hempstead
      Posted on May 9, 2012 at 4:30am

      Of course they have rights. The word citizen doesn’t appear anywhere in the Bill of Rights, because it is a bill of rights, not a bill of privileges of citizens. Everybody has rights. Rights aren’t a present that the government gives us. We’re born having rights that the government can only protect or take away, and our government is supposed to protect them, because we believe that we are all “endowed by our creator” with our rights,and we all have the same creator.

      Report Post »  
  • blackyb
    Posted on May 8, 2012 at 3:26pm

    If it was legal to sell firearms to illegals, then armies could infiltrate and buy weapons here to kill American citizens with. They would not need to bring weapons across the border. Those who are not citizens should be deported.

    Report Post » blackyb  
  • blackyb
    Posted on May 8, 2012 at 3:24pm

    Someone should cute Holder in on this. He broke laws here and in Mexico.

    Report Post » blackyb  
  • sizzler2220
    Posted on May 8, 2012 at 3:23pm

    Get rid of these lib tard lawyers!

    Report Post »  
  • cemerius
    Posted on May 8, 2012 at 3:16pm

    Wonder what Eric Holder will have to say about this? Fast and Furious was overwhelmingly accpetable to giving firearms away to Mexican citizens who are just a long walk away from being Ilegal immigrants!!!

    Report Post » cemerius  
  • BRONZESTAR
    Posted on May 8, 2012 at 3:13pm

    I am sure they have the right to a speedy trial and I am sure Eric Holder will see this to the SCOTUS before November

    Report Post » BRONZESTAR  
  • Sirfoldallot
    Posted on May 8, 2012 at 3:13pm

    They can vote, get welfair checks, steal & use SS#’s, driver lic, own a car w/payments, get collage ed ( payed 4 by us ),take our good jobs, but they can’t have a gun , lol, WTH is wong here ?

    Report Post » Sirfoldallot  
  • undercover
    Posted on May 8, 2012 at 3:12pm

    illegal immigrants have only limited protection under the Constitution.
    ——————————–

    The contitution was written for American citizens – illagal immigrants have ZERO protections under the constitution.

    Report Post »  
    • Smokey_Bojangles
      Posted on May 8, 2012 at 3:35pm

      Like Like!

      Report Post » Smokey_Bojangles  
    • Oldphoto678
      Posted on May 8, 2012 at 3:43pm

      You’re wrong, and you have zero understanding of the founding fathers intent or what the constitution stands for.
      The constitution isn’t just a list of rules for american citizens. It is an idea, a new concept that all men have the same rights. That no one person or group is better or has more rights than another person or group.
      And before someone pipes of about us lefties thinking we’re smarter than everyone else. I don‘t for one minute think that I’m smarter than everyone else, but I know I’m smarter than you.

      Report Post »  
    • RamonPreston
      Posted on May 8, 2012 at 4:00pm

      OldPhoto
      Everybody equal? Same rights? I have been out of school since 1965 but I remember something like 10 blacks counting as 7 whites. Also, this is a republic, not a democracy. The founding fathers didn’t think we were smart enough to make our own laws so we vote for (smarter) people to do it for us. Even George Washington was a mason.

      I pledge alliance to the flag, and the republic for which it stands…

      Report Post » RamonPreston  
    • undercover
      Posted on May 8, 2012 at 4:12pm

      We the people who are forming a more perfect union are Americans!

      Report Post »  
    • Fubared
      Posted on May 9, 2012 at 8:13am

      Old
      What is a border for? Why don‘t we organize and utilize Mejico’s laws on illegals? Por que esse? Para espanol, numero dos. The left is all about safety and saving one’s self from their self. Why isn’t the border as organized as Chicago? Ok, bad metaphor. Why aren’t the lefties on the border with Starbucks water and holding hands and singing Kumbayah?

      Report Post »  
  • IDONTTHINKSO
    Posted on May 8, 2012 at 3:12pm

    That’s great! Here in Texas you could round up a bunch of ‘em every holiday when they go outside and start shooting into the sky! Idiots, don’t know what goes up must come down.

    Report Post »  
  • Mark0331
    Posted on May 8, 2012 at 3:10pm

    Are they going to deport him?

    Report Post » Mark0331  
    • The_Hut_In_Co
      Posted on May 8, 2012 at 4:05pm

      Probably be deported just after he!! freezes over. Soon he’ll be portrayed as the victim. He’ll probably be awarded damages.

      Report Post » The_Hut_In_Co  
  • johnjamison
    Posted on May 8, 2012 at 3:10pm

    If they don‘t have that right then that means they don’t have any constitutional rights….IN FOR A PENNY IN FOR A POUND

    Report Post »  
    • cactusjoe
      Posted on May 8, 2012 at 3:41pm

      Rights as confered are good given even the right of self defence. However the right to bare arms is granted to American citizens so all his welfare pups have that right as adults.

      Report Post » cactusjoe  
  • Smokey_Bojangles
    Posted on May 8, 2012 at 3:10pm

    Illegal Immigrants do not have ANY Constitutional rights.” We the People of the United States, in Order to form a more perfect Union…” Not We the Mexicans or We the people of the World or We the Bankers! Even tho the Republicans like giving away our civil liberties to the Communist,it is still “We the People of the United States.”

    Report Post » Smokey_Bojangles  
  • The_Jerk
    Posted on May 8, 2012 at 3:09pm

    They are illegal. They should have no protected rights.

    Report Post »  
    • lukerw
      Posted on May 8, 2012 at 3:11pm

      They are in the Act of committing a Crime… and not Citizens! They should be TARGETS!

      Report Post » lukerw  
  • Drum Man
    Posted on May 8, 2012 at 3:09pm

    Deport this loser!

    Report Post » Drum Man  
  • Detroit paperboy
    Posted on May 8, 2012 at 3:08pm

    But they have the right to bankrupt our kids by sucking them dry thru welfare benefits ??? Lock and freakin load people…..

    Report Post »  
    • JRook
      Posted on May 8, 2012 at 3:23pm

      Sorry once I hear the term illegal I stop listening to what rights they are supposed to have. They don’t belong here plain and simple and should be deported immediately. Having said that the real criminals with respect to illegal aliens are the small and medium businesses or for that matter the wealthy that hire them ILLEGALLY. Most pay them cash which avoids paying payroll taxes and being subject to labor laws. Start fining the businesses or individuals who knowingly hire illegal aliens $250,000 per occurrence. That will go a long way to removing the incentive to come here. As for the remainder, deport them as soon as they attempt to collect any social services or place a child in school.

      Report Post »  
  • love the kids
    Posted on May 8, 2012 at 3:07pm

    Here we go, test the Constution in a different way.

    Report Post »  
  • let us prey
    Posted on May 8, 2012 at 3:07pm

    You are illegal. You are not a citizen you are illegal.

    Report Post » let us prey  
    • Freedom1984
      Posted on May 8, 2012 at 3:13pm

      Don‘t you get it that THEY don’t get it???? lol I heard there is now a movement to “erase the ”I“ word” from our vocabulary. That word, by the way, is ILLEGAL.

      Really? They all need to leave. I am tired of paying their way.

      Report Post » Freedom1984  
  • Common Sense 24
    Posted on May 8, 2012 at 3:06pm

    Duh!!!

    Report Post » Common Sense 24  
  • Snowleopard {gallery of cat folks}
    Posted on May 8, 2012 at 3:06pm

    Excellent, its past time the part of “illegal” in illegal aliens is understood loud and clear. Now watch for Obama to come down on this justice like a ton of bricks.

    Report Post » Snowleopard {gallery of cat folks}  
  • Bum thrower
    Posted on May 8, 2012 at 3:05pm

    If the secons amendment doesn’t apply to illegals, what about the other 9? Hmmm?

    Report Post »  
    • johnjamison
      Posted on May 8, 2012 at 3:12pm

      You‘re exactly right thrower the courts can’t pick and chose what rights illegals can and can’t exercise. If one right doesn’t apply none do. The constitution isn’t ala carte.

      Report Post »  
    • Kinnison
      Posted on May 8, 2012 at 3:20pm

      “Illegal” is pretty clear. It defines someone who entered the country without authorization. And illegal alien is by definition not a U.S. citizen and is therefore not subject to the protections afforded legal citizens in the Constitution. It does not apply to them; they stand apart from it. Legal immigrants are another matter; as legal entrants and prospective citizens they are afforded the protections of our Constitution.

      Report Post »  
    • wboehmer
      Posted on May 8, 2012 at 3:31pm

      Just to clarify . . . while the first 10 constitutional amendments are known as the Bill of Rights, there are a total of 27 amendments. The 14th Amendment is of particular immigration interest because of the “anchor baby” issue.

      Report Post »  
    • Rohawk
      Posted on May 8, 2012 at 5:31pm

      Anyone operating outside the law has no recourse under the law. If they don’t like it they should go to their government for help. Not their embassy! They should go to the place they actually have rights. Their own country. If you‘re drunk and in an accident you are automatically at fault becauseyou shouldn’t be there. I don’t think illegals should be abused, but if they understood they had no standing as a self-imposed non-entity under the law they would feel more comfortable where they belong.

      I think until Mexico starts paying us reparations for all the unskilled entry level jobs that are being stolen from our nations teens and uneducated class forcing them on assistance we aren’t in a position to underwrite theirs. When we have full employment and still have open jobs America will be happy to legally take in all we need and celebrate their presense with rights as citizens. NO COUNTRY OFFERS TRESSPASSERS RIGHTS!

      Report Post »  
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