Although illegal immigrants may claim many rights under the constitution, that does not extend to the 2nd Amendment right to bear arms according to the 4th Circuit Court of Appeals.
The Richmond, Va.-based federal court held that the Second Amendment does not apply to undocumented aliens, because they are per se not law-abiding citizens.
The case centered on Nicolas Carpio-Leon, a mexican national who illegally entered the country 13 years ago, obtained a drivers license using a fake Social Security card and fathered three U.S.-born children.
When he was arrested at his Orangeburg, South Carolina home for illegal entry, immigration agents found a .22 caliber Marlin rifle and a 9 millimeter Hi-Point pistol in his possession, together with ammunition. Illegal firearm possession was added to his list of charges.
Carpio-Leon pled guilty to illegal entry, but maintained that he had a Second Amendment right and so appealed the firearm charge.
Circuit Court of Appeals Judge Paul Niemeyer delivered the opinion for the panel on Friday.
“On Carpio-Leon’s Second Amendment challenge, we conclude that the scope of the Second Amendment does not extend to provide protection to illegal aliens,” Niemeyer ruled, “because illegal aliens are not law-abiding members of the political community and aliens who have entered the United States unlawfully have no more rights under the Second Amendment than do aliens outside of the United States seeking admittance.”
Read the opinion of the court here.