Judge rules illegal alien has 2A rights.

[Ausländer]

Crossing the border illegally is still a felony - just because they were caught and remember to say "asylum" doesn't make it go away.

Either this goes to SCOTUS and they rule that everyone (felons, et al) can own otherwise they still can't legally posses.

My guess is that Dems/liberals (but I repeat myself) want them own guns hoping
A) there's a backlash that allows for new restrictions, and/or
B) they commit (more) crimes and there's a backlash for new restrictions

 

[cbp210]

So the judge should have ruled that people don’t have the right to keep and bear arms?

I didn’t see anything in his ruling about taking guns from citizens. It seemed to say the 2A applied to everyone.

Legal permanent residents can buy guns as long as they establish residency.

 

[cbp210]

Keep in mind 99% of the people crossing the border are not illegal, they are legally here awaiting an asylum hearing.

98% percent of them do not qualify as fear is established through credible threats. Most of the people coming are coming for economic opportunities which does not qualify under our credible fear guidelines. This is why many of them do not apply for their asylum countries in US Consulates as they know they will be denied.

 

[Younggun]

Crossing the border illegally is still a felony -

Its a misdemeanor.

 

[Younggun]

Legal permanent residents can buy guns as long as they establish residency.

Please find where that limitation is outlined in the Bill of Rights.

 

[Younggun]

98% percent of them do not qualify as fear is established through credible threats. Most of the people coming are coming for economic opportunities which does not qualify under our credible fear guidelines. This is why many of them do not apply for their asylum countries in US Consulates as they know they will be denied.

I agree. They should not be allowed to remain while waiting for judgement on their case.

But that’s not what this ruling was about.

 

[Ausländer]

Its a misdemeanor.

I sit corrected. It's a class A misdemeanor, subject to 1 year in prison and up to a $5k fine. If they are deported and cross again, it's a felony.

"As per 8 U.S. Code § 1325 - Improper entry by alien, an illegal border crossing by an alien can be punished by a fine or an imprisonment of up to 6 months; this, according to 18 U.S. Code § 3559 - Sentencing classification of offenses, makes it a Class B misdemeanor.

If one commits such an offense again, however, it may be punished by a fine or an imprisonment of up to 2 years; this makes a repeated illegal entry a Class E felony (a lowest grade of felonies, in the federal classification).

In practice, most offenders apprehended by the US authorities are not criminally prosecuted, but simply kept in detention for some time, and eventually removed (deported); depending on the circumstances, this may attract a statutory bar for obtaining a US visa or being admitted into the USA in the future (as per Kathryn Berck's answer to Is crossing the US border illegally a felony?). Even if no such bar applies, in practice it is unlikely that the person would be able to enter legally in the future, barring some fairly special circumstances.

There is also a federal statute under which every individual (including both aliens and US citizen) is, generally, required to “ enter the United States only at a border crossing point designated by the Secretary”; those who “intentionally violate” this provision may be subject to “a fine of not more than $5,000, or imprisonment for not more than 1 year, or both.” This would make this violation a Class A misdemeanor..."

 

[tarantula]

So the judge should have ruled that people don’t have the right to keep and bear arms?

I didn’t see anything in his ruling about taking guns from citizens. It seemed to say the 2A applied to everyone.

Not specifically referring to *this* decision, just the "progressive" mindset in general.

 

[cbp210]

I agree. They should not be allowed to remain while waiting for judgement on their case.

But that’s not what this ruling was about.

No I agree but just responding to your current comment.

 

[Renegade]

Crossing the border illegally is still a felony - just because they were caught and remember to say "asylum" doesn't make it go away.

An illegal crossing is a misdemeanor.

Crossing to seek asylum is not a crime. No it does not go away. They can stay legally until their hearing. Then they can stay permanently or must leave.

 

[cbp210]

Please find where that limitation is outlined in the Bill of Rights.

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]

 

[Renegade]

98% percent of them do not qualify as fear is established through credible threats.

Correct, but until they get due process they can legally stay.

 

[cbp210]

Correct, but until they get due process they can legally stay.

They are paroled until their cases are heard which most of them do not attend. Parole status does not grant them any benefits but only small employment like working restaurants or construction.

 

[Renegade]

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]

That is law (GCA68), not Constitution/BOR and what was deemed Unconstitutional by the judge.

 

[cbp210]

That is law (GCA68), not Constitution/BOR and what was deemed Unconstitutional by the judge.

This ruling will be appealed and stayed so current law is still in effect.

 

[Younggun]

This ruling will be appealed and stayed so current law is still in effect.

Just be to clear, are you arguing in favor of GCA68?

 

[Renegade]

They are paroled until their cases are heard which most of them do not attend. Parole status does not grant them any benefits but only small employment like working restaurants or construction.

Correct again.

Most of their benefits come from the fact they are "People" and are Constitutionally entitled.

 

[cbp210]

Just be to clear, are you arguing in favor of GCA68?

Just stating certain aliens can buy guns here in the U.S.

 

[cbp210]

Correct again.

Most of their benefits come from the fact they are "People" and are Constitutionally entitled.

No one said they are not people. Rules still have to be followed and the burden of immigration benefits have to be proved by them not the Government. I have sat in many Immigration courts to know how it worked.

 

[Renegade]

This ruling will be appealed and stayed so current law is still in effect.

This was not a Case Law decision.