Court rules Illegal immigrants have no 2nd Amendment rights

Illegal aliensAlthough 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.

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About Michael Dorstewitz

Mike has been with BizPac Review almost from the beginning. Follow him on Twitter at @MikeBPR.

  • Luther Henry

    One of a vanishing breed. A modern day Judge who still abides by the constitution as written.

    • teresa russell

      we NEED MORE Judges like him…God Bless

  • Dave Francis

    The TEA PARTY will not reduce its bombardment of these twin issues, on both the American Public and Congress as a need to enact “THE LEGAL WORKFORCE ACT” ( H.R. 2885), containing the mandatory E-Verify provision. This is an imperative to remove illegal aliens from the workplace and regenerate millions of jobs to U.S. citizens and permanent residents. Nothing difficult about this policy, except that state and federal legislators need to be harshly reminded by the voters that this nation needs to protect its borders and people from further invasion. In conclusion, a far more controversial law is to force the passage of the “BIRTHRIGHT CITIZENSHIP ACT (H.R.140). This exceeds every financial illegal immigration welfare program, as this aspect represents not in the hundreds of millions, but hundreds of Billions of dollars? We are supporting other countries poverty, to the detriment of our taxpayers. These billions of dollars should be supporting our own impoverished, not a free education for the children of illegal alien parents or the growing lines of foreigners arriving in our hospitals with their children. The simple fact of one stroke of the pen, the correct number of votes could alter illegal alien children getting instant citizenship because their parents smuggled them into our country or came here undetected in the womb of a mother. If this amendment to the 14th Amendment is not altered the payout for the “foothold” babies of illegal aliens will go on forever, and the costs doubled and tripled. Skilled workers YES! Poverty NO! And NO Amnesty?

    AMERICA DOESN’T HAVE A REVENUE ISSUE, IT HAS A SPENDING ISSUE? PRESIDENT OBAMA GETS HIS VOTES FROM MOSTLY PEOPLE WHO WANT SOMETHING FOR NOTHING, WHILE TAXPAYERS HAVE TO CARRY THE “FREELOADERS”.

    BIG PROBLEMS COMING FOR PRESIDENT OBAMA ON BENGHAZI, SEE THE ROY BECK’S VIDEO AT http://www.teaparty.org/beck-obama-may-go-to-pris

  • lgjhere

    An interesting new book that helps explain the role, struggles, and contributions of immigrants and minorities is "What Foreigners Need To Know About America From A To Z: How to understand crazy American culture, people, government, business, language and more.” It paints a revealing picture of America for those who will benefit from a better understanding. Endorsed by ambassadors, educators, and editors, it also informs Americans who want to learn more about the U.S. and how we compare to other countries around the world on many issues.

    As the book points out, immigrants and minorities are a major force in America, as the GOP recently discovered. Immigrants and the children they bear account for 60 percent of our nation’s population growth and own 11 percent of US businesses and are 60 percent more likely to start a new business than native-born Americans. They represent 17 percent of all new business owners (in some states more than 30 percent). Foreign-born business owners generate nearly one-quarter of all business income in California and nearly one-fifth in the states of New York, Florida, and New Jersey.

    Legal immigrants number 850,000 each year; undocumented (illegal) immigrants are estimated to be half that number. They come to improve their lives and create a foundation of success for their children to build upon, as did the author’s grandparents when they landed at Ellis Island in 1899 after losing 2 children to disease on a cramped cattle car-like sailing from Europe. Many bring skills and a willingness to work hard to make their dreams a reality, something our founders did four hundred years ago. In describing America, chapter after chapter identifies “foreigners” who became successful in the US and contributed to our society. However, most struggle in their efforts and need guidance, be they in the UK or Anytown, USA. Perhaps intelligent immigration reform, concerned citizens and books like this can extend a helping hand. Here’s a closing quote from the book’s Introduction: “With all of our cultural differences though, you’ll be surprised to learn how much our countries—and we as human beings—have in common on this third rock from the sun called Earth. After all, the song played at our Disneyland parks around the world is ‘It’s A Small World After All.’” http://www.AmericaAtoZ.com

    • Frank

      "Legal immigrants number 850,000 each year; undocumented (illegal) immigrants are estimated to be half that number."

      Presuming that number is true, then the next year there's 1,700,000 illegals in the country who are no closer to being here legally. The next year, there's 2,550,000 illegals here no closer to being here legally. The year after that, we've got 3,400,000 and so on, until we reach the current estimate of about 12 million. Meanwhile, the legal immigrants have either become citizens or are actively working on their citizenship.

      "Many bring skills and a willingness to work hard to make their dreams a reality, something our founders did four hundred years ago."

      And many don't.

      Touchy-feely quotes about rides at Disneyland don't help those of us who live in areas of the country already negatively impacted to an enormous degree, by illegal immigration.

      • catherina

        skills? like to sell drugs? using anchor babies as shields? infecting the schools with their drugs since kindergarten? I see this here where I live since almost 6 years without stopping!! what skills are u talking about?????about stealing? by living for free?get out!went to vote with fakes iDS, get College Ids to got to vote! they are illiterate!and got the GED just by putting a foot in the College. I am going to College and I am a witness of this!

    • gene

      The people that came here in the 1800s and early 1900s didn't live on the public dime.

      They come today, have 6 kids and collect welfare and other benefits that total $170 a day. More than I make in my days work.

      The ones that do work take jobs from Americans and suppress wages for Americans while living 12 people in a one or two bedroom apartment …

      So no, I don't share you bleeding heart opinion on illegals.

  • catherina

    Illegal aliens claiming rights under the second ammnedment?GET OUT!!!!!!!

  • JAMES BONDER

    On the lack of knowledge of hindsight 12/26/2012

    Death. The topic of many conversations as of late. Why do we allow atrocities to occur? Who will stop these villains? Was not the law clear enough? Was not the law correct? Questions we ask ourselves in the wake of tragedy such as these are never very easy to answer, especially when the citizens of our fair country have the means to collectively espouse their disdain for such recklessness to our fellow countrymen. Truth be told, death will always be a part of our society as much as life continues to shape who and what we are. We are a country founded in blood and as much the same as the rest of the world when it comes to letting blood. Evil and Tyranny will always exist at the opposite spectrum of Good and Order. If in never being able to fully remove evil as annoying as the tick of oppression behind one’s ear, then the true test comes in the balance of Good and Order to halt Evil and Tyranny WITHOUT eradicating the people’s Freedoms.

    Freedom is what has defined our nation and has brought immigrants to this country from its founding. People from every walk of life bled and died to create something that was more than just a grouping of colonies or a Confederation of States. We fought outsiders and we fought each other, but why? Why did we fight? Why is there a Bill of Rights? Our founders believed that God placed on us, above the rule of Man and his ilk, Rights that were ours and could never be restricted or circumscribed, Rights that no Man either of Good or Evil should be allowed to constrain. Why? Is not the will of Man in a society of those who do not believe in God sufficient? Then it is no wonder why we as a people are allowing those “Men” to slowly and beguilingly remove the Rights that our Fathers believed should NEVER be touched or “ear-marked.” We have fallen for the belief that the will of Man and of the loudest criers is the will of the People; of the majority; of the God-fearing who still believe in God-given Rights.

    The 2nd Amendment has filled our country with all of its glory, either Good or Evil and sadly most recently Evil stands as the victor. Statistics are far ranging and outdated. Yet, why do we have this God-given Right? Why would Good and Order have decreed that a tool of violence, of “mass-destruction” be a Right? What was the reasoning of our Fathers? Evil and Tyranny. Insomuch as we as a society have come so far in our melding of tolerances for our cultures and our respect for life as it is and the chance to make it better for all, Evil and Tyranny still exist. Our Fathers (and more notable the Anti-Federalists) believed so strongly that Evil would never cease to exist that they wanted FREEMEN to be able to fight against it in all of its forms. In this case: Tyrannical Government. The Fathers wanted you as FREEMEN to be able to stand up against a government that had so much become the contrary of Good and Order, They wanted FREEMEN to destroy Evil and Tyranny just as they had only a short time before; they wanted FREEMEN to protect themselves.

    Many would argue that the Founders would never have expected to see weapons such as the ones that exist today; that “mass-destruction” was a word unthought-of, and I would tend to agree. There is sadly, no way to transpose hindsight into the past and let them see what we now know, but there is a small chance that our Fathers did know what “mass-destruction” was. Think for a moment of thousands upon thousands of soldiers on the battlefield. Opposing armies waiting to strike, to decimate one another within mere feet of each other while they stand in perfect formations waiting for the enemies volley to come speeding with all the quickness of Death into them, with lines of cannon and mortar, ready to shell the unsuspecting to the Maker with choking smoke and explosions and agony.

    Yes, I do believe that our Founding Fathers knew what “Mass-Destruction” was, and that they intentionally left our 2nd Amendment as vague and as open as possible. They felt that a government at the height of its power and strength should always fear the common man. That a FREEMAN should have no fear other than to what ends of God’s Earth he may find himself, and that protection from Evil and Tyranny is a Right to Life.

    The criers and those who do not believe in a tool of Death on such a scale would argue that there is no reason for the basic citizen to own such reprehensible implements, that our governments with its armies and navies and police forces is enough. Who commands our governments? Who is to stop them from dictating laws for their own personal interests? Fear governs them. Fear of the FREEMAN. History will always show that when the common man let himself be disarmed, the government had no need to fear him and was able to control him.

    We may not need destructive weapons for hunting or sporting or even home defense. We NEED personally owned weapons for the defense of our country from our own government. That NEED may not be now, and God willing, hopefully that NEED will never arise, but Evil has never been one to openly confront Good and Order and you as Citizens of this country must be always on guard for the future because Evil and Tyranny will only be revealed when the light is shone or when it is already too late.

    For all of this I ask you: believe what you will and think what you may, but please, do NOT allow your Freedom’s to be dictated while you stand in silence.

    -A Concerned Citizen

  • Dave Francis

    FOR THOSE OPPONENTS WHO STATE THAT ILLEGAL IMMIGRATION DOESN”T COST TAXPAYERS? THIS IS ONLY ONE OF CALIFORNIA MAJOR CITY PAYOUT IN PANDERING TO ILLEGAL ALIENS. OVER A $113 BILLION DOLLARS AND RISING ANNUALLY, THAT IS BEING SWALLOWED UP ACROSS THIS SOVEREIGN LAND AND “YOU” ARE PAYING FOR IT.

    HOW MANY DOLLARS ARE TAKEN IN TAXES TO PAY FOR YOUR ILLEGAL ALIEN INVASION IN YOUR PRINCIBLE CITIES?

    PRIME EXAMPLE, LOS ANGELES COUNTY – Year-end closing 2011 figures from the Department of Public Social Services reported that over $646 million in welfare and food stamp benefits were issued to illegal alien parents for their native-born children, announced Supervisor Michael D. Antonovich. The $646.2 million consisted of $258 million in CalWORKs (welfare) and $388 million in Food Stamps) — a $21 million increase over the previous year. “With the $550 million for public safety and nearly $500 million for healthcare, the total cost for illegal aliens to this one County taxpayer exceeds $1.6 BILLION dollars a year,” said Antonovich. “These costs do not include the hundreds of millions of dollars for education.” Californians need to contact their Representative, specifically governor Brown and the Liberal State assembly and demand no more illegal alien pandering, or Californian taxpayers will be taxed even more from now to doomsday.

    CUT OUT ALL PUBLIC ENTITLEMENTS AND WATCH THEM GO HOME?

  • http://www.facebook.com/groups/UnitedforaSovereignAmerica/#!/groups/UnitedforaSovereignAmerica/ American Pride

    People who don't respect our borders and laws don't respect our country and people. Those people don't deserve any part of the American Dream and neither do their children. They are NOT immigrants. They are TRESPASSERS.