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Old 02-07-2013, 07:09 PM
 
Location: California
2,477 posts, read 1,711,425 times
Reputation: 299

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Quote:
Originally Posted by Chimuelojones View Post
No. Only felons can not own or purchase a firearm.

Even if a illegal alien is caught and convited of violation of USC8, 1325...he has committed a misdemenor not a felony.

He would have to return repeatedly, and be convited of felony USC8, then his gun possesion is in violation of Federal Firearms Laws.
WRONG, neither can illegal aliens or for that matter immigrants on temp-visas with one exception, those that obtain a permit from the Feds prior to coming here for hunting only.

Violation of 1325 is a Class 6 Federal Misdemeanor, second offense is a Class 4 Federal Felony.

Your third paragraph is absolute non-sense. Even if an illegal is not caught under 1325, but is found to be in possession of a firearm, he can be detained/jailed/and held until hearing and then put in prison (conviction of a Federal Felony of firearms possession) or deported and banned for life from returning.

You don't seem to adept as to the laws as they pertain to an illegal immigrant.
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Old 02-07-2013, 07:38 PM
 
Location: California
2,477 posts, read 1,711,425 times
Reputation: 299
Quote:
Originally Posted by Nicholas van Rijn View Post
Wrong.

The Supreme Court has clearly held that 'people' and 'person(s)' in the Constitution refers to both citizens and non-citizens.

You are right that those not here lawfully do not hold rights under Amendment II, but it is not because of the reason you cite. For example, non-citizens here legally do, in fact, hold rights under Amendment II. The reason is that courts have ruled that those who violate the law (as do those here unlawfully) are deprived of their rights under Amendment II.

Here, educate yourself.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=494&invol=259
From your link: This suggests that "the people" [SIZE=-1] [494 U.S. 259, 260] [/SIZE] refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community. Pp. 264-266.

Now the problem with your claim is......it pertains to "the people" in the 4th Amendment, not the 2nd Amendment.

Non-citizens, meaning those here legally residing on an immigrant visa/LPR (not a non-immigrant visa) and have a SS# can obtain a legal firearm.
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Old 02-07-2013, 07:39 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
One is required to be a U.S. citizen or Legal Permanent Resident (and not have any other restrictions like being a convicted felon) for gun ownership within the United States...
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Old 02-08-2013, 07:14 AM
 
Location: Massachusetts
10,032 posts, read 6,859,367 times
Reputation: 4207
Quote:
Originally Posted by Chimuelojones View Post
There is not federal law banning persons in this country in violation of USC 8 sec. 1325 from gun possesion or ownership.
This is the Federal form one is required to fill out to purchase a firearm. Note questions 11d and 11k.

http://www.atf.gov/forms/download/atf-f-4473-1.pdf


As I said before:


/thread.
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Old 02-08-2013, 11:57 AM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by Rick Roma View Post
This is the Federal form one is required to fill out to purchase a firearm. Note questions 11d and 11k.

http://www.atf.gov/forms/download/atf-f-4473-1.pdf...
Actually note from 11k to the end of the first page. Question 15 refers to an 'A'-number, but non-immigrant visas and even illegal aliens going through deportation proceedings will have an assigned 'A'-number. For instance, a non-immigrant K-3 (for the spouse of a U.S. citizen) retains the same 'A'-number when they gain legal residency.

Question 10a and 10b amazes me as to the implied need for their presence...
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Old 02-08-2013, 02:09 PM
 
Location: North Texas
23,599 posts, read 31,143,716 times
Reputation: 26656
As far as I'm concerned, illegals have no constitutional rights here.

That doesn't mean we shouldn't treat them with decency and respect as we are arresting, detaining, and deporting them. Feed them, clothe them if necessary, provide basic medical care, don't hit them or yell at them or humiliate them. But DEFINITELY don't give them GUNS.
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Old 02-09-2013, 06:30 AM
 
Location: texas
9,138 posts, read 6,482,842 times
Reputation: 2372
Quote:
Originally Posted by Liquid Reigns View Post
WRONG, neither can illegal aliens or for that matter immigrants on temp-visas with one exception, those that obtain a permit from the Feds prior to coming here for hunting only.

Violation of 1325 is a Class 6 Federal Misdemeanor, second offense is a Class 4 Federal Felony.

Your third paragraph is absolute non-sense. Even if an illegal is not caught under 1325, but is found to be in possession of a firearm, he can be detained/jailed/and held until hearing and then put in prison (conviction of a Federal Felony of firearms possession) or deported and banned for life from returning.

You don't seem to adept as to the laws as they pertain to an illegal immigrant.
You are on the correct[on the firearm possesion count] I didnt check...


[LEFT]Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/
transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;[/LEFT]
(6) a person who has been discharged from...
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Old 11-14-2013, 11:35 AM
 
Location: Knox-Henderson, Dallas
16 posts, read 37,027 times
Reputation: 79
"As far as I'm concerned, illegals have no constitutional rights here."

"As far as the law is concerned" is what matters, not personal opinions. The legal history of the rights of non-citizens is complicated.

In the case of guns, the other posters have it correct. You must either be a citizen or a permanent resident to own a gun (provided you're not a felon or whatever.) Illegal aliens and people living here on non-immigrant visas (like a student visa or work visa) do not have the right to bear arms. They do have other constitutional rights though. For example, someone in the US on a work visa may not have the right to a gun, but they do have a right against improper search and seizure, against cruel and unusual punishment, etc.
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Old 11-14-2013, 12:26 PM
 
31,472 posts, read 14,565,596 times
Reputation: 8350
Quote:
Originally Posted by Nylund View Post
"As far as I'm concerned, illegals have no constitutional rights here."

"As far as the law is concerned" is what matters, not personal opinions. The legal history of the rights of non-citizens is complicated.

In the case of guns, the other posters have it correct. You must either be a citizen or a permanent resident to own a gun (provided you're not a felon or whatever.) Illegal aliens and people living here on non-immigrant visas (like a student visa or work visa) do not have the right to bear arms. They do have other constitutional rights though. For example, someone in the US on a work visa may not have the right to a gun, but they do have a right against improper search and seizure, against cruel and unusual punishment, etc.
The rights of illegal aliens in this country are very limited.
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Old 11-14-2013, 01:33 PM
 
71,504 posts, read 30,027,987 times
Reputation: 14078
The simple answer is that they can be but unlike with citizens we can deny them the rights.
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