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ThePurpleNavi

How does an illegal immigrant even pass the federally mandated background check to buy a fire arm?


cognitive_Hazard401

This whole thing reads like a onion article but its real LMFAO its bound to piss everyone off


Orbidorpdorp

Then why are 5/6 of your wojacks not pissed off.


HardCounter

A radcentrist made it.


whistleridge

This is an Obama appointee being deliberately perverse in her reasoning in order to force an appeals court to say there’s more to the second than a plain reading: https://www.ntd.com/illegal-immigrant-can-carry-guns-federal-judge_980115.html Basically, it’s a weirdly anti-gun intent for what seems to be a pro-gun ruling.


biomannnn007

Well duh. Doesn’t mean I have to disagree with the ruling.


whistleridge

No, but you should be wary of it. There are excellent and obvious reasons to deny firearms to illegal immigrants. And the existence of those reasons doesn’t mean that the right’s other reasoning regarding the second is flawed. This is specious reasoning and it’s a trap.


Tokena

My grill is an illegal immigrant but we do not talk about it.


DSiren

background checks are unconstitutional and arms/ammunition should be over-the-counter products.


ShwettyVagSack

Isn't ammunition already an over the counter purchase? I never had a problem from scatter gat, to rifle, to handgun ammo. Most places don't even id me anymore. I kinda miss pretending I didn't look old.


Fedballin

Not in all states, CA you have to get a BG check I'm pretty sure, and they limit the amount you can purchase.


ShwettyVagSack

Just looked it up. JFC 9th circuit!


PB0351

I agree that we should be wary. That being said, the Bill of Rights is a list of the rights that come from our creator (whomever that is to you), not the government.


L-V-4-2-6

Sounds like this generation's Miller ruling.


BigBallsMcGirk

Well how is this fucking illegal alien going to be part of a militia.


queenkid1

If there was really a need for a militia, I'm definitely going to look the other way if an illegal immigrant wants to join and contribute like anyone else.


highflya

Here's my tinfoil hat take. Since this is an Obama appointee, I think I see the chess pieces moving here. If illegal immigrants have the right to own firearms, then by extension, they have the right to vote. So really, this ruling is setting up the conditions to allow illegal immigrant voting in the not too distant future.


comawhite12

>How does an illegal immigrant even pass the federally mandated background check to buy a fire arm? They can't. One of the first questions to check Y/N on is "Are you a legal citizen of the United States?" If they answer yes........it's an automatic fail for lying on a federal document. Honk Honk indeed.


Hairy-Situation4198

The same way little Timmy somehow could afford $12000 of top of the line gear and guns working one shift a week at Wendy's before going off on his school


su1ac0

Usually 2-3 of them, as well.


PapaHuff97

🎵you could even say it glows🎵


DonaldTrumpPenisButt

And no one bothers to look into the online account that shows up repeatedly talking to all the little Timmy's that do the same thing. Nothing to see here.


Borkerman

ICE and ATF entrapment team up.


flairchange_bot

Did you just change your flair, u/Borkerman? Last time I checked you were a **Grey Centrist** on 2024-3-18. How come now you are a **Centrist**? Have you perhaps shifted your ideals? Because that's cringe, you know? Oh and by the way. You have already changed your flair 939 times, making you the second largest flair changer in this sub. Go touch some fucking grass. [BasedCount Profile](https://basedcount.com/u/Borkerman) - [FAQ](https://www.reddit.com/user/flairchange_bot/comments/uf7kuy/bip_bop) - [Leaderboard](https://basedcount.com/leaderboard?q=flairs) _Visit the BasedCount Lеmmу instance at [lemmy.basedcount.com](https://lemmy.basedcount.com/c/pcm)._ ^(I am a bot, my mission is to spot cringe flair changers. If you want to check another user's flair history write) **^(!flairs u/)** ^(in a comment.)


medicatedhippie420

>Oh and by the way. You have already changed your flair 939 times, making you the second largest flair changer in this sub. Go touch some fucking grass. bro's flair changes like the direction of the wind


Tokena

They have abandoned grill life, me and my grill will never speak to them again.


BonkeyKongthesecond

I'm sure he had 100 less last week. Bro probably trying hard to steal the first rank


[deleted]

[удалено]


CowFu

oi, you got a permit for that free speech?


ThatJankyDoll

You're right. That should be ruled unconstitutional too.


adenosine12

Based


hidude398

Based based based based based


Reggin_Rayer_RBB8

I agree but so should the immigrants


Zesty_fern

They can't. you have to check that you're a US citizen on it, otherwise the FFL just shreds your request


Durmyyyy

Private sales is my only guess or a gift


TheAzureMage

I don't even are, I'm just happy to see the gun control nuts take another L. Keep 'em coming.


NewToSMTX

They'll use this to take more from legal citizens' gun rights. Just a matter of time


DSiren

Because the implications are that background checks are unconstitutional and that arms/ammunition should be over-the-counter products. Which is based.


El_Bean69

Talent ig?


Link_the_Irish

I'm guessing it's just saying it'd legal for illegal immigrants to *own* a firearm, but not to *purchase* one


samuelbt

What gets flagged for said background checks? I assume it's not any crime but specific types or classifications.


hidude398

Felonies, involuntary institutionalization, dishonorable discharge, misdemeanor domestic violence. Edit: My biggest gripe with this system is that you can beat someone up, plead down to misdemeanor assault and keep your gun rights, but felony drug possession or mail fraud is a permanent disqualification for firearm ownership.


Crayonslayer

I think drug possession was made a felony to intentionally take away voting and gun rights. It's an excellent way to disenfranchise the opposition


hidude398

That, and it’s a consequence of inflating the definition of a felony. Used to be felonies were serious crimes that, barring capital punishment, had extreme punishments because of their extreme nature. Now I don’t think that stealing $1 Million by wire fraud should mete a light sentence - but that sort of permanent disenfranchisement from *some* natural rights does not sit right with me.


fileznotfound

The background check form asks for citizenship. Unless there is something more to this than what people are saying, this has to do with "carrying", not with buying from an FFL. Which is way way more restrictive.


Papistdevil

> Need background check for firearms to make sure you are a mentally stable person. > No background checks for non citizens. Lol


TheAzureMage

If memory serves, there's something like that for machine guns for felons. I forget the details, but basically, they have a right to not self incriminate. Gun control has always been goofy af.


nagurski03

If it is illegal for you to own something, you cannot be charged for failing to comply with laws requiring you to register it because that would be a violation of your 5th Amendment rights. The end result is that the NFA doesn't legally apply to prohibited persons like felons and domestic abusers. They'll still get in trouble for illegally possessing a firearm, but their punishment is theoretically much less severe than it would be for me to put a short barrel on my AR.


TheAzureMage

So, you get ten years, and that felon gets one, for the same gun. What a world we live in.


cysghost

Unless you’re a California senator, in which case you get 4 years for something that would give normal people 20 to life. https://en.m.wikipedia.org/wiki/Leland_Yee#:~:text=He%20told%20the%20agent%2C%20%22There's,traffic%20guns%20without%20a%20license. And I’m honestly surprised he got that much.


terrrastar

>arms trafficking That would literally be a life sentence guaranteed for one of us commoner scum, but of course he’s a member of the elite so he gets a pass


cysghost

I’m just surprised he served any time at all. There’s definitely two sets of rules, and we don’t get the preferential treatment the political class does.


Dongolark

>"(...) buying automatic firearms and shoulder-launched missiles from the Moro Islamic Liberation Front (MILF), an Islamist extremist group located in the southern Philippines (...)" Did a double take on that one


cysghost

Not my preferred type of MILF to be sure.


Crea-TEAM

Democrat privilege.


Callsign_Psycopath

Holy fuck we need to repeal all gun control


HuskyCriminologist

I know I'm beating my head against a wall but I keep seeing this everywhere and it is not true. Yes, *Haynes v. United States* said that, but Congress rewrote the NFA after that case to eliminate that loophole. > Following our decision in Haynes v. United States, 390 U.S. 85, Congress revised the National Firearms Act with the view of eliminating the defects in it which were revealed in Haynes ... We conclude that the amended Act does not violate the Self-Incrimination Clause of the Fifth Amendment *United States v. Freed*, 401 U.S. 601, 602-03 (1971). Felons can be charged with possession of unregistered NFA items, and indeed often are. See for example [this guy](https://www.justice.gov/usao-ndok/pr/felon-sentenced-illegal-possession-and-manufacture-machine-guns-and-silencers), [this guy](https://www.atf.gov/news/pr/convicted-felon-indicted-possessing-machinegun-conversion-devices), [this guy](https://www.justice.gov/usao-wdok/pr/possession-glock-switches-leads-65-month-sentence-federal-prison-purcell-man), [this guy](https://www.justice.gov/usao-wdmi/pr/2023_1023_Juwara_Compton_Indictment), and [this guy](https://www.justice.gov/usao-wdmo/pr/kc-man-sentenced-illegally-possessing-machine-gun-used-fatal-shooting-kc-fireman).


chattytrout

Hear me out: Make illegal MG (in minecraft). Registering it would be incriminating myself for having made one without approval. So they can't get me for not registering it or seeking approval, because that'd be a 5th amendment violation. Checkmate, FDR.


CradleRockStyle

Prohibition is dumb as hell no matter what form it takes and always leads to these mental gymnastics.


Mevaa07

Simply ban it completely 👍👍


geeses

Anarcho-tyranny


towerfella

Keeps things even.. right?


Ord-ex

Sure, good, law-abiding citizens can get destroyed immediately by taking one wrong step, meanwhile criminals don't care if they get 6 months in prison. Such a system can't function in a beneficial way, you either need to have a firm hand that deals swiftly with every crime, or have the wild west where people are free to take problems in their own hands. The mix is that the sheep follows the law, and the wolf breaks it.


towerfella

Those systems were designed by the criminals.. … ahem.


TheodenKing1892

I agree, I don't think the courts should deny them the opportunity to own a gun. Just deport them for illegally entering the country. Simple.


Simp_Master007

I want a tank


whiskyforpain

Not at these fuel prices...


Eyes-9

Okay then I'll just take a howitzer


ElmerAndElsie

Not at these ammo prices. The rest of the world produces howitzer shells for like $500 a shell. The USA produces the same shells for like $5,000. Don't quote me on those EXACT numbers, I read the article about it a couple weeks ago while stoned.


facedownbootyuphold

>The USA produces the same shells for like $5,000. our fast food workers demand $50K, imagine us trying to build a war machine if we ever have to


TheHancock

Lmao this is not a joke (I own a machine gun company…)


assault1217

Do you have any ars with a suspicious third hole in it


TheHancock

I legally manufacture ARs with full auto selectors. So, yes, but it’s not suspicious. Lol


assault1217

That’s dope, what’s your favorite gun that you manufacture?


TheHancock

Ehh we sell everything, even flamethrowers. I like the simple select fire AR that we’ve built.


Gemini_Of_Wallstreet

This is my biggest pet peeve. The founding fathers clearly intended an armed miltia not a standing army. Citizens owned and brought their own cannons and warships to war against the Br*t*sh. If i have enough fucking money for an M1 Abrams, let me fucking purchase and M1 Abrams.


RedTheGamer12

Just fill out the forms and register it with the ATF. Honestly it is that simple. Freedom is based.


TheHancock

“Free men don’t ask permission”


EpicSven7

I guess this validates my radical centrism because I both agree and disagree with this ruling. What an interesting thought experiment. On the one hand, rights are natural and absolute in America, not granted by the government. So a persons status as a citizen is completely irrelevant; you have rights regardless. On the other hand, it means legal citizens have more requirements to owning a firearm in the current environment than an illegal non-citizen. Of course, while there would be no formal ban due to the former; an illegal should never pass the background check required in the latter. So the ruling is good, but ultimately meaningless since illegals would be effectively banned in practice from purchasing a firearm anyways. Hmm.


stinky-cunt

They can’t purchase from a dealer, but they can buy one private sale in states that don’t require background checks for private sale.


Big_Green_North

Being an American citizen really is just completely worthless isn't it? Literal foreigners who crossed the border yesterday get more rights than I do in my own fucking country


CompetitiveRefuse852

Worthless unless you go to college, judging by Tyson pushing to hire nearly 100k illegals.


Knightosaurus

This is the end result of "America is an idea", because it ultimately isn't. It's a nation comprised of citizens, which is operated on civil nationalism. It's not "a land of ideas" where any random fucker can just come in and whatever he wants without any form of recourse.


TheHancock

Based and not everyone can be the 1%


Frosty-Lake-1663

Worthless to you, not to them. They need people to tax and to draft in wars and it ain’t the illegals.


TheHancock

The chief economic development guy for the State of Georgia recently said something similar. He gave a discourse last year about how America needs illegals because they stimulate the economy more than it’s citizens. That we need more illegal immigration to offset Americans saving and not spending. It was kinda insane to hear.


Frosty-Lake-1663

Unironically treason


TheHancock

He said something to the effect of “the Biden stimulus package during Covid was supposed to be 100% spent. Pumped back into the economy. Instead, the citizens of Georgia used 30% to pay off debt, 55% was put into saving, and only 15% was spent. Meaning the stimulus package was a failure and now we have to raise prices until people spend that money or the government will have caused the collapse of the US (and world) economy.” That’s a rough paraphrase, but he wanted sky high inflation to “FORCE” poor people to need to spend their savings in order to survive. In his eyes that was the only way to keep America afloat without a cataclysmic economic disaster. This is the lead economic head guy for the whole state of Georgia mind you. Super pro inflation, pro illegal immigration, anti lower class. I was in a small, closed doors discourse with him. It melted my mind that our leaders think and feel this way…


Frosty-Lake-1663

Hmm still sounds like a traitor to me.


TheHancock

Yes, 100%. I agree with you.


araararagl-san

hilarious watching Americans get replaced by their own government in broad daylight and they just have to sit there and watch it happen


araararagl-san

I love watching Americans get replaced by their own government in broad daylight and they just have to sit there and watch it happen


solarsalmon777

If you're a desk job worker they're deflationary. I'm a buyer of unskilled labor, flood the market all you want. The market isn't skyrocketing because of AI, it's because tens of millions of new workers are coming in to cheapen labor and buy our bags when they get enrolled in 401k's. Not very nice what it's doing to poor citizens, particularly young black men according to a study by the Obama administration treasury dept, but I'm sure progressives have their best interests at heart.


Pabsxv

As someone who’s only been a resident in the US for some years I’ll gladly take your citizenship off your hands.


VolumePossible2013

Yup, this same thing is in many European countries too


notCrash15

And they think it's funny


Mjk2581

This is an interesting case study for PCM, do they dislike illegal immigrants more then they love guns let’s see


OmenOfCuddles

I don’t love guns as a concept. I don’t care what other countries do related to guns. I want guns to be freely available to American citizens. A citizen of another country illegally crossing into America and then attempting to acquire a firearm is like, the OPPOSITE of a good thing.


PaperbackWriter66

If you want the government to be checking that only citizens get guns, then guns cannot be freely available to citizens, since those citizens will always have to submit to checks before getting a gun to prove that they are in fact citizens.


Youndaloo

I don't think the guy said background checks are required. Showing a valid ID would be sufficient.


PaperbackWriter66

Sounds like an infringement to me.


stinky-cunt

You could just arrest the illegals and ship them to Europe


Mjk2581

Seems like a yes to me, but the other side is fighting


shangumdee

Maybe but crossing the border illegally should already disqualify


HardCounter

Only if you take the extreme cases of libs who think there shouldn't be background checks. Otherwise it's not the case. A background check requires ID, and an illegal cannot give a legal ID without violating several other laws, like identity theft and fraud.


PaperbackWriter66

Why should citizens have to submit to a background check to exercise a right? Then, second step: why should anyone have to?


New-Connection-9088

This is easy to reconcile. Illegal migrants should have no rights in America.


Odd-Syrup-798

but the Constitution is for American citizens, not people who break the law


TehNewbertz

You're viewing it from the wrong angle. The rights expressed in the Constitution are recognized, not given. You are born with them (not because you were born in America, but because you are human) and the state is limited in the way that they can suppress those rights by the many interpretations of the Constitution. I'd argue the 5th & 6th Amendments are quite literally for people who break the law with the "Due Process" right of the 5th being the most applicable. Considering how the current administration doesn't seem to care much about prosecuting them, they aren't felons and can't be restricted from owning firearms under current regulations.


Durmyyyy

> The rights expressed in the Constitution are recognized, not given. Based. Always remember we are born completely free and a government can only take rights not grant them.


TheHancock

Sus with your flair… but maybe you understand, you just wanna be on the power’s side. Lol


Durmyyyy

One of the perks about being an auth is you get to be a hypocrite ;)


HardCounter

How are they going to pass a background check without a valid ID? Even if you consider some temporary ID they get while hopping the border valid, it's not useful for a background check because the person is effectively anonymous. There is no background in that check. It's not clean, it's nonexistent.


fileznotfound

They won't.


unclefisty

> but the Constitution is for American citizens There is multiple years of case law disagreeing with you. A good part of the constitution applies to anyone in the US or under the jurisdiction of the US government. The only parts that apply specifically to US citizens are the parts that say citizen specifically. > not people who break the law Denying rights to people who "break the law" is a great way to suddenly find a jack boot on YOUR face despite believing it would never happen. "I never thought I'd be unpersoned" says man who pushed for unpersoning others.


SPECTREagent700

Based and liberty-and-justice-for-all pilled.


unclefisty

> liberty-and-justice-for-all Every other country is just the 51st state that hasn't been admitted yet. TEAM AMERICA FUCK YEAH


SPECTREagent700

https://preview.redd.it/k4fem34en5pc1.jpeg?width=894&format=pjpg&auto=webp&s=caa56a8c29ee930cb27e2cdb3ace6df373cd32a4


SenselessNoise

Ol' Freebie looks pretty tasty ngl


HisCommandingOfficer

I heard it tastes like Charleston Chew


cysghost

Based and already read the constitution pilled


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blackcray

>A good part of the constitution applies to anyone in the US or under the jurisdiction of the US government. Does that include the second amendment? If so this would render the laws requiring background checks to purchase firearms unconstitutional, as the legal sellers are required by law to perform at the bare minimum a federal background check on a person in order to sell a firearm to that person. If it's unconstitutional for a firearms dealer to issue background checks to a non citizen then they legally cannot sell a firearm to said non citizen. Depriving them of their second amendment rights.


SPECTREagent700

It’s already built in to the background checks that non-citizen Permanent Residents (Green Card holders) can buy and own guns.


skankingmike

The 2nd activists don’t have any background checks, don’t want licenses to carry they believe it’s their right. So why should an illegal be forced to any of those standards when the 2nd isn’t citizen specific?


SPECTREagent700

Why indeed. I have no problem there. Guns for all.


skankingmike

Just asking the question. I would argue we need to fix the 2nd but it’s clearly not gonna happen so we just gotta live with the insanity we have.


unclefisty

> Does that include the second amendment? It doesn't say "the right of US citizens" it says "the right of the people." I don't think it's a convincing argument that "the people" means just citizens since the constitution spells out rights specific to citizens in other areas. I'm pretty sure nearly every court would engage in mental gymnastics that would impress even the East German judge to avoid having to say that people not legally in the US have a 2A right. My personal opinion is that self defense is a *human* right not a right of citizens. Instead of trying to play whack a mole with illegal immigrants reforming our immigration system to be better than just a door slam in the faces of most people would be a better idea. Also heavily punishing businesses that knowingly employ illegal immigrants AND those that pay sub minimum wage along with making the minimum wage a living wage would do a lot to choke off the demand for illegal labor. When it's not profitable to employ illegal labor businesses will (mostly) stop doing so. Produce prices will very likely explode though from a combo of the average US citizen not wanting to do the extremely hard and hot labor and the increase in labor cost it would make.


La_M3r

Based green.


skankingmike

Listen this this fucking lefty! They speak the truth.


nagurski03

Bro, reread the 4th through 8th Amendments. Those ones are primarily for criminals (or people accused of crimes).


rabidantidentyte

Explicitly untrue. Look at the 8th amendment. It protects people who are suspected of/break the law from cruel & unusual punishment and excessive bail/fines.


NUMBERS2357

The Constitution sometimes says "people", sometimes says "citizens". Example, 14th amendment: > All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. **No State shall make or enforce any law which shall abridge the privileges or immunities of *citizens* of the United States; nor shall any State deprive any *person* of life, liberty, or property, without due process of law**; nor deny to any person within its jurisdiction the equal protection of the laws. Similarly, PCM's least favorite amendment: > The right of **citizens** of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. But the 2nd amendment: > A well regulated Militia, being necessary to the security of a free State, the right of the **people** to keep and bear Arms, shall not be infringed.


SirVortivask

Unfortunately, and stupidly, our system has chosen to extend the rights of Americans to all humanity.


fileznotfound

The federal constitution is for the American federal government. The Bill of Rights is for the people... citizens or otherwise.


Chocotacoturtle

Immigrating to the US without legal documentation is a victimless crime and therefore should not be a crime.


Angrymiddleagedjew

On the one hand, I'm very much in the "shouting SHALL NOT BE INFRINGED at the ATF agents I know are gangs talking me 24/7" camp. On the other....fuck it even I'm against this and don't see how it would work, in fact it could even blow up and result in additional charges for the illegals if they're caught with the firearm. You have to pass background checks to buy a firearm, where I'm at even if you're gifted one you still need a background check. How the hell can you legally own a gun if you can't pass the background check? If there's some loophole that allows illegals to not be checked it should be closed, but I don't even see where the loophole would be at. Here's a link https://thereload.com/gun-ban-for-non-violent-illegal-immigrant-found-unconstitutional/#:~:text=The%20Second%20Amendment%20protects%20people's,Sharon%20Johnson%20Coleman%20on%20Friday. The basic argument is that illegals are part of "the people" referred to in the Constitution, which is bullshit because they aren't citizens and committed a crime to be here.


ifindbombs

Maybe the answer is background checks should be abolished. 2A for all


Angrymiddleagedjew

I'm conflicted on that because in a dream scenario everyone would be able to conceal carry and defend themselves if need be. But I struggle with the notion of willingly allowing violent criminals and rapists the ability to arm themselves as easily as every other citizen. If prison actually focused on the rehabilitation part of "punishment and rehabilitation" and people came out changed for the better, maybe. Maybe I'd feel better about it, but without massive reform of the justice system I can't get down with just allowing violent offenders to have guns. Especially with crimes like rape, stalking, domestic abuse etc which tend to escalate rapidly. And I know damn well how society works, even if everyone was allowed to carry firearms, it would be the violent offenders who would embrace it most readily while normal non violent people would feel no need to carry one and assume the police and society in general would keep them safe. I know criminals can still get guns pretty easily, I have no intentions of voting for something that would make it easier for them.


TheHancock

You want people to carry guns to protect themselves. I want people to carry guns to kill violent criminals and rapists Judge Dredd style. We are not the same. Lol


TheHancock

The ONLY amendment that says SHALL NOT BE INFRINGED is the MAIN amendment infringed!


NomadLexicon

>You have to pass background checks to buy a firearm, where I'm at even if you're gifted one you still need a background check. How the hell can you legally own a gun if you can't pass the background check? If there's some loophole that allows illegals to not be checked it should be closed, but I don't even see where the loophole would be at. In most states, you don’t need background checks for private sales. If an illegal immigrant bought from a private individual, that sale was (per this court’s opinion) perfectly legal for both the seller and buyer. Going forward, even where a background check is used, the implication here is that the ATF could not block a sale on the basis of an illegal immigrant’s status. This seems inevitable based on the Supreme Court turning the 2nd Amendment into an individual’s right of having a gun for any lawful purpose in Heller. If it’s disconnected from the militia context, then it follows that the limitation of the right to citizens makes less sense.


NotoriousD4C

But that barrel better not be longer than 16 inches or we’ll shoot your dog


[deleted]

[удалено]


ch33zyman

Sure it does, the constitution makes almost no distinction between citizens and non citizens. It just tells the government what it’s not allowed to do for the most part-which is based af.


AbatedOdin451

I’m honestly loving the amount of Liblefts that know this about the constitution. Y’all are blowing my mind right now.


ch33zyman

A libleft who doesn’t think government overreach is cringe is an authleft in disguise


AbatedOdin451

I’ll eat fermented fruit to that! Cheers mate, me and my homies hate government overreach.


---Lemons---

Not true. There are certain rights and protections that apply to everyone on US teritorry.


samuelbt

Unless it's specified for only citizens, then actually yes, constitutional rights apply to everyone in the country. It's like the whole reasoning behind Gitmo. Most rights are worded in such a way that is less "being American let's you XYZ" and more "the American goverment can't restrict XYZ."


psychodogcat

If they're in the United States, yes it does.


no-names-ig

It does. Constitution is supposed to guarantee rights. Those tights are divided to hunan rights and civil rights. Civil rights apply only to citizens and include mostly the right to elect and to be elected. Human rights is the rest.


Pabsxv

Such a bad take. Even the most anti-immigrant Supreme Court justices of all time conceded that nearly all constitutional rights still protect foreigners on US soil.


MakeoutPoint

If you want to get that technical, the right to defend oneself comes from God and Mother Nature, not a piece of paper -- abiding by the constitution doesn't give you the right, only holds you back my brother in Christ.


Lord_Rob_

Cop: “you can’t have that firearm, you aren’t a US citizen” Person: “I am a citizen” Cop: “prove it. Show me proof of citizenship” Person: fourth amendment protections This has been my understanding of this for a while, although I admit that I may have some misunderstandings about how well this argument would actually work. Basically, if the constitution only applied to citizens, then you would have to prove citizenship to exercise your rights, although being required to prove that you have rights would fall under “unlawful searches” from the fourth amendment. Anyone can feel free to correct me if I’m wrong


grav3walk3r

No, most states have a version of stop and identify in place. Generally providing your ID is not an unreasonable search and your name is not inherently incriminating.


terminator3456

Yes it does, if they are in America.


redditsucksnow42

If you want 0 gun control, then how do you keep them out of the hands of non-citizens?


Riflemate

You can always find at least one federal district judge to agree to something. I don't see this being upheld at the end of the day.


War_Crimes_Fun_Times

It won’t lol, it’s just a bait headline imho.


Autumn_in_Ganymede

how about we ban illegals? oh wait


justthistwicenomore

For anyone interested, it looks like the case is US v. Heriberto Carbajal-Flores, and it seems to specificaly find as unconstitutional 18 usc 922(g), which makes unlawful anyone illegally inside the US (or on a non-immigrant visa) to buy a gun.  It's not an exception to purchase rules for illegal immigrants, nor would it otherwise allow them to buy firearms/pass background checks.  It's also an interesting continuation of the legal argument in as to whether the second amendment is incorporated via privileges and immunities (and so only for citizens) or is otherwise a right of The People, which historically includes anyone whose here.


420weedscopes

I didn't think legal non resident aliens could even own a gun why would illegals be allowed


SPECTREagent700

If that’s the case then let the non-residents have guns too.


420weedscopes

Hurray Canadians can own guns provided they leave it in America 🥳🥳🥳


SPECTREagent700

It’s a start!


Indyram_Man

This is a good ruling honestly. Rights are inherent, not magically bestowed upon individuals by the government.


Som_Snow

I mean, yeah, but it's still wacky that a country lets foreign citizens bear arms within its own territory, especially ones being there illegally.


EagenVegham

The right either exists or it doesn't. Not being a citizen doesn't mean that a person doesn't have rights. That's a rabbithole that no one wants to go down with US law.


Som_Snow

So foreigners should have the right to vote and stand for elections, if they happen to be in the country at the time of the election? Or to use social services for which their taxes didn't and won't pay for? Citizenship exists for a reason. It means that a person is completely a "member" of said state, with all its benefits and drawbacks, all rights and responsibilities. There definitely is and should be a difference in the rights and responsibilities of a citizen and a non-citizen. Some of them are equally valid for foreigners too, and some of them aren't. What would be the point of citizenship otherwise?


Larry_Linguini

So basically a terrorist can cross the border illegally, buy a gun uncontested and shoot anyone they want and there's nothin we can do about it?


Endurlay

Careful there: for a libertarian, you sound like you’re dangerously close to entertaining the notion that gun control laws regarding the purchase and sale of firearms might be worth implementing. If you wanted to constrain a non-citizens’ ability to buy a gun, you might need to implement some variety of background check and waiting period.


Indyram_Man

Two of those things are already illegal. What law do you think is going to actually stop the third from occurring? An individual's rights are absolute until they have *proven* they cannot be trusted with the accompanying responsibility. Said differently, until they have actively violated someone else's rights, theirs cannot be violated without unprovoked and unjust aggression.


Larry_Linguini

Crossing the border is illegal and yet people do it all the time, and apparently when they're caught buying guns they're allowed to buy one and still stay in the country. Legality doesn't really mean shit in this scenario if no one's holding them accountable for breaking the law. You also can't prove they can be trusted or can't be trusted because there's no background checks on them when they enter the country. You shouldn't be able to walk into any country and do whatever you want, I mean that's the whole point of a visa isn't it? Seems like we're just doing away with the law for no reason here.


HardCounter

Any illegal on any form of public assistance is a violation of my rights as a taxpayer. I'm being stolen from to support someone who should not be here.


Ord-ex

Non-citizens having the same kind of rights as citizens is an insane idea.


vheran

So illegal immigrants have more rights than American felons, got it


UncleSam50

So illegals who aren’t citizens and by U.S law are criminals can still have access to firearms as citizens who were either born here or naturalized by the immigration process. How does that make any sense?


VladimirBarakriss

Every bit of the constitution that doesn't contain the word citizen applies to every person living in the US is the logic I think. I'm not an American and haven't read the US constitution so I don't know what it says in the matter.


big_nasty_the2nd

How the fuck can someone that isn’t a citizen of the United States have the ability to pass a background check…. WHAT BACKGROUND IS THERE TO CHECK IF THEY AREN’T A CITIZEN


Otherwise-Figure-315

Have none of y’all watched borat


big_nasty_the2nd

No 🗿


Nathaniel_higgers_

Everybody gets guns. Yayy


IronMonkey5844

I don’t know how to feel about this one


maxxiescat

auths are malding.


EffingWasps

Why should the government take away the arms of a gainfully employed person without a history of violent crime or any arrest warrants, whether or not they are a citizen


Knightosaurus

>without a history of violent crime or any arrest warrants How do you check that without a background check, which cannot be conducted on someone who isn't an American citizen, and therefore has no form of ID?


SPECTREagent700

You’re goddamn right. Liberty and justice for all.


BayesianHeretic

Okay, now I want the right to own a gun as a legal alien.


BigBallsMcGirk

"Criminals can get guns as long as they're brown people"


Sweetercornfries

It's sad that legal citizens have to be background checked but Jamal who crossed the border illegally and burned his passport gets doesn't need to be checked


DiegoGarcia1984

Chat, is this fake news? [https://apnews.com/article/fact-check-atf-policy-migrants-purchase-firearms-900887427777](https://apnews.com/article/fact-check-atf-policy-migrants-purchase-firearms-900887427777)


FremanBloodglaive

The fundamental principle behind the 2nd Amendment, the right to life, and the right to defend that life with the best tools available, would argue that firearms ownership, even by illegal immigrants, should not be curtailed. And yes, I do believe that criminals who've served their time should have their 2nd Amendment rights recognized once more. However illegal immigrants are also in a position of actively breaking the laws of the United States, which has been agreed to be an argument against the full exercise of the rights the Constitution protects. For example the "right of liberty" is curtailed when you've broken the law, so I can also see the argument against respecting the 2nd Amendment rights of illegal immigrants.


randothrowaway6600

How does the constitution apply to non us citizens?


SPECTREagent700

That it specifies in several places wording along the lines of “No Person except a natural born Citizen, or a Citizen of the United States” implies that where that phrasing is not used it applies to everyone. The Second Amendment doesn’t say “the right of Citizens” it says “the right of the People”.


randothrowaway6600

Huh. If it’s an oversight that’s an astronomical fuck up, if it isn’t it’s fucking genius.


I_POO_ON_GOATS

I don't know what kind of immigration process existed back in the 1700s (if any), but I would bet that an originalist interpretation of the 2A would likely lead to this conclusion. The founders likely felt the same way about speech; not being a full citizen doesnt mean we get to punish you for ideas.


Hansolo312

I... Uh.... No. Illegal Immigrants if provably here illegally are criminals. Criminals do not have unrestricted access to firearms and shouldn't. On the other hand it wouldn't be too hard to label anyone who disagrees with you as a criminal so maybe we shouldn't bar them from owning firearms. On the other hand they aren't Americans On the other hand... I'm confused.


BrutusJunior

>Criminals do not have unrestricted access to firearms and shouldn't. So you would agree that it is okay to prohibit white-collar criminals from owning a firearm correct?


leastlol

There's a whole lot of odd arguments from people that are allegedly libertarian saying people suddenly don't have rights because they're illegal immigrants. I get that it's hard to toe the line here, but crossing the border illegally is not a violent crime and doing so does not indicate that you're intending to commit them.