Undocumented immigrant accused of shooting a gun says he has same Second Amendment ri

[stjames1_53]

Undocumented immigrant accused of shooting a gun says he has same Second Amendment rights as U.S. citizens

By Marco Poggio and Reuven Blau


An undocumented immigrant busted for shooting a gun argued in court Wednesday that he should be entitled to the same Second Amendment rights as U.S. citizens.In a case that may have far-reaching ramifications, Javier Perez, a Mexican national, contends that he is being unfairly hit with criminal charges for shooting in the air on a Brooklyn sidewalk to fend off gang rivals in July 2016.
“The Framers were clear: If they meant citizens, they would have said citizens. But they didn’t,” his defense lawyer, Samuel Jacobson, argued in Brooklyn federal court. “There is no suggestion that there was a concept of ‘illegal alien’ and no suggestion that if you were from a foreign country, you couldn’t bear arms.”
Brooklyn federal prosecutors are furious the case has been allowed to move forward.
They argue that Perez has zero Second Amendment rights because he came to the U.S. illegally.
Assistant U.S. Attorney Tanya Hajjar also said that undocumented people frequently live above the law. "Those who don't have legal status here have an interest in defying law enforcement. They have an interest in not maintaining a stable residence or registering a firearm," she argued in court.
Perez hopes a 2008 Supreme Court case that struck down a Washington handgun ban will bolster his case.
That 5-4 decision concluded that it was “preemptively lawful” to prohibit guns for felons and mentally unstable people.
Perez’s lawyer points out that decision made no mention of undocumented immigrants, meaning they should be entitled to the same rights as law abiding American citizens.
Prosecutors maintain the Supreme Court decision does not address cases involving undocumented immigrants who came to the country illegally.
If found guilty, Perez faces up to 10 years in prison and deportation.

http://www.nydailynews.com/new-york/...801-story.html

First bolded: anyone catch that "..rival gangs" shuck and jive? really..............nothing like getting together for a little potholder club meeting, right? Second bold: I feel the need to point out, they are not law abiding citizens if they are here illegally to begin with? How can they be law abiding citizens, firing a weapon in any area of NYC, claiming self-defense from rival gangs and no mention of how and where he got the firearm, much less have a carry permit of any kind. Where are these defense attorney getting their law practice certs at? McDonald's?

[The Xl]

The gentleman and his scummy, idiotic lawyers don't seem to understand the Second Amendment, what it entails, and who it extends to.

[Don]

I am a citizen. The 2nd amendment just clarifies that I have the natural right to keep and bear arms. That's for self defense against criminals, invading troops or any totalitarian government. If I fire a gun into the air I will rightly be in a jam with the law. I hope they point that out to him, fine him or give him 30 days or whatever and then send him back to whatever country he came from. On his way out they could advise him to push for rights in his own country.

[stjames1_53]

I am a citizen. The 2nd amendment just clarifies that I have the natural right to keep and bear arms. That's for self defense against criminals, invading troops or any totalitarian government. If I fire a gun into the air I will rightly be in a jam with the law. I hope they point that out to him, fine him or give him 30 days or whatever and then send him back to whatever country he came from. On his way out they could advise him to push for rights in his own country.

However, this guy isn't a citizen. He is an illegal alien. He shouldn't be here in the first place.
Now, he fired a gun in NYC, one of the strictest gun cities in the US. It takes a ton of paperwork just to ccw, much less purchase one.
They have strawman laws in NYC, so by law, it was illegal for him to have a firearm at all. One wonders if there a criminal record attached to his ass, too.
And those Rights he's talking about, are not international laws. They are laws that protect and punish US CITIZENS on this soil.
Sounds like the attorney is looking for his 5 minutes with CNN or MSNBC.................
If you come as a visitor from another nation, you had best not be caught with a firearm unless cleared through customs and local law enforcement.

[Peter1469]

He is likely right that he has a right to self defense even if he is illegal. But even American citizens can't legally blast rounds into the air in city limits just for fun. Let's see what facts are proven and which are disproved.

[Common Sense]

He is likely right that he has a right to self defense even if he is illegal. But even American citizens can't legally blast rounds into the air in city limits just for fun. Let's see what facts are proven and which are disproved.

He claims it was to scare off gang members...

The question is interesting though. Certainly the constitution applies to non citizens in many cases. Foreign visitors, tourists and even illegals are afforded rights under the sixth, for instance.

[Peter1469]

He claims it was to scare off gang members...

The question is interesting though. Certainly the constitution applies to non citizens in many cases. Foreign visitors, tourists and even illegals are afforded rights under the sixth, for instance.

Yes, SCOTUS has made it clear that anyone on US soil has at least some Constitutional protections. I don't think there has been a case about illegals, but I can't see this Court denying an illegal the right to self defense.

[spunkloaf]

Now, let's think about this. If it were a WHITE GUY shooting his gun in the air, and there was all this commotion about it, whose side would you be on?

Don't answer that, because we already know. It's rhetorical.

[Sergeant Gleed]

That criminal wasn't an "undocumented immigrant", he IS an illegal alien.

If you can't use terms correctly, how is anyone going to know what you're talking about?

[Sergeant Gleed]

Now, let's think about this. If it were a WHITE GUY shooting his gun in the air, and there was all this commotion about it, whose side would you be on?

Don't answer that, because we already know. It's rhetorical.

Why are you being so racist?

You are assuming the illegal alien from Mexico is some kind of dun color.

Very racist to not know that it was white men that civilized Mexico, and though the effort ultimately failed and socialism wrecked the country, even the modern expressions of socialism were uttered by white idiots. To assume that someone from Mexico can't be white is the kind of racism we've always associated with the Rodents.