Does the 2nd Amendment apply to Illegal Immigrants?

In this episode  we discuss the latest ruling that illegal immigrants are protected by the 2nd Amendment.
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Transcript

0:12

Welcome to the Live2Shoot podcast. My name is Jeff Dowdell. I've been a licensed firearm dealer for the last 17 years. In this podcast, we talk about all things related to the second amendment, as well as anything else going on in my life or anything else in the news or a sports story or anything else of interest. So welcome, welcome, welcome. Today is the beginning of March Madness, and this is one of the beginning of you know, I've made it clear I love sports and this is the beginning of a season that I love. March Madness, baseball season starts, and then the Masters. Can't wait. So I'm going to be watching some basketball in the next day or so and seeing how my brackets do. But the question today is, do illegal immigrants have the constitutional right to own guns? Well, according to a recent federal judge, they do. In a, last week in U. S. versus Herberto Carbajal Flores, the judge ruled that a ban on illegal immigrants owning guns violates the second amendment. What do we think about that? So, if we look at the Bruin decision and the test of text and history that the Bruin decision says that we need to apply when we're looking at the Second Amendment the, in the historical context, there was no ban, there was no consideration for your immigration status, your citizenship status when, looking at the ownership of firearms. Now there has been historical that during the time of the Framers that they prohibited British loyalists from owning firearms, Native Americans, and African Americans, but we'll talk about a little bit here later the reasonings behind those and how those have gone in this decision, at least, and may not necessarily apply. But, you know, this issue has the second amendment community kind of split. There are those that say this, they, that they agree that illegal immigration, that, that when we talk about we, the people, the people, did not take into account immigration status. It was those people because these rights were not, are not being bestowed by the government. They are God's given rights. So God has given us the right to bear arms. Then there are those that say, wait a minute, you can't be in this country illegal. To benefit from these, you've already broken one crime, you've broken the law in one sense, that should prohibit you from purchasing a firearm. And where do you stand? Well, again, it's a tough issue. So let's take into account the first thing, the Bill of Rights. And We have all stated that these rights that are stated in the Bill of Rights, when our founders wrote them, they did not say that these rights are given to you by the government. These rights were actually given to you by God and the government could not infringe upon those. So when you look at that, that, and these are really just the first ten amendments. When we get into the later amendments, they're not necessarily viewed within that context. They are more just alterations to the constitution, adding things to the constitution that were not necessarily taken into account. The first 10 were put into place because there are people that said, hey, we're going to vote for it, but we've got concerns that we need to continue to restrict the power of the government. And these are some things that we don't want to allow the government to do because there are God given rights. God, you know, God given rights, free speech, freedom of religion, second amendment. Freedom from you know, undo searches and seizures, those types of things. So from that standpoint, anybody within the United States, really anybody in the world, by that context, the God given right is to bear arms. Now, some other places their governments are infringing upon that because they don't have the second amendment, but here in the United States. Yes, we have. Now, there are, are those that have now, you know, stated that you know, you're not a legal immigrant. You're not here legally. You shouldn't, you've broken one law, you shouldn't be able to possess a firearm. And when you look at the 4473, citizenship status is definitely taken into consideration. Are you an American citizen? Do you have a green card? Even non immigrant aliens, those here on student visas, work visas, they actually can actually purchase a firearm if they pass all the other required background statuses. But they're all looking at, are they, are you legally here? You know, there's some contradictions, you know, in there, you know, if you've said you've renounced your citizenship, you are no longer, you are a prohibited person at that point. But if, if you've never had citizenship status. Does that mean you've renounced it? You know, those are different ways to look at this. And then my concern is the slippery slope because this judge wasn't Obama appointed judge. And. There could be more at play here because our, our southern border and do not get, I do want to make sure I am completely against illegal immigration. I think we should shut it down right now. We should probably eliminate all immigration until we get our hands on this. But if you're here illegally, the option is, is you go back. That is, that is the only option that you have. You're either going to spend time in prison here, or you go back. And, and that is for everybody. Whether you've been here 20 years or two days, you've broken the law and you need to go back. So that is my stance on, on immigration. And again, I'm not using the word undocumented. They are illegal immigrants. They are here illegally. But we have a, at an influx, just the border's wide open, millions of people. And I believe that there could be the, then they can say, well, you know, if they've got these constitutional rights to the second amendment, the constitution also then provides them the right to vote. And now you don't have to be a citizen to vote. And that is my concern that we're going to go down that slippery slope. Now if you look at the framers, again, we talk about we the people and at that point in time We the people were not considered citizen. We're not we weren't looking at citizenship at the time and place When the 15th amendment and about the right to vote and things were put into place Specifically talked about citizenship that's for the women for the blacks That you had to be a citizen And that has been a longstanding tradition. So to me, a stance that illegal immigrants do have a right to bear arms in the United States if they're but if they are caught you know, it's one of these things, if they're caught, my position is, yeah, you have the right to bear arms. Might not arrest you for illegally owning a firearm, but we're going to send you home. I'm going to send you back to where you came from. But you know, I'm curious, what does everybody else think about this? I think, you know, to be consistent with what we've talked about in terms of text and history of the second amendment, we have to allow the illegal immigrants, but we do have to be aware of that. They're going to try and grant the immigrants further rights. That are not considered within those, those first 10 amendments that give them greater benefits within this country that citizens should only have. So wanting to know your thoughts, let me know, email me, let me know if you disagree that they don't have any rights at all to own a firearm. And definitely let me know. And I'll. You know definitely address your questions. Maybe we'll get changed my mind. But in the anyway, go ahead, subscribe, you know, comment on this podcast, share it with others, see what others think about this. But we, this is something we have to keep our eye on because it's the two way community is, is torn. And Could open up a slippery slope for the left to start allowing more people into our elections to legally vote and to definitely change the outcome of our elections. So have a great day and I will talk to you later.