Illegal aliens: of course they have Second Amendment rights!

March 18, 2024 by Mike McDaniel

“The undocumented.” “Newcomers.” We’re now told illegal aliens aren’t illegal, and it’s wrong to refer to people who break the law the moment they step onto American soil and remain as anything other than “undocumented” or something equally undescriptive and inaccurate. But do illegal aliens have a Second Amendment right to keep and bear arms? An Obama appointed federal judge, who once thought they don’t, now thinks they do:

The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.

That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.

“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote in US v. Carbajal-Flores. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

I’ve always believed anyone born American, or legally naturalized, has won life’s lottery. That’s so because we live under the Constitution—or used to. American citizenship used to be a pearl of great price because of our enumerated liberties, because being an American meant something—or used to. Now it seems anyone who can set foot in the country, unvetted, regardless of their intentions, has the right to keep and bear arms, and by logical extension, every other right of citizenship. This right is all the more valuable when one considers no other nation has a Second Amendment. Do non-citizens—illegals—have Second Amendment rights? The George Mason University Law Review says no:  

“The people” of the Second Amendment includes citizens and excludes noncitizens. A distinction between citizens and noncitizens makes legal sense and would respect the political branches’ traditional preeminence on issues related to alienage. 

It is long established law illegals—sorry Mr. Biden, no apologies—do not enjoy the same rights and privileges as Americans. Were this not so, citizenship--national sovereignty-- would have no meaning, no value. Illegals do not have the right to vote or the privilege, in most states, to drive, but Democrats/socialists/communists (D/s/cs) have for some time been arguing otherwise, and granting Illegals driver’s licenses to enable them to illegally vote, assuming they’ll vote for D/s/cs. If they believed otherwise, they’d demand American immigration laws be strictly enforced. Any Google search will find innumerable articles arguing illegals have full constitutional rights, and implying they have more than Americans. One must really dig to find anyone saying otherwise. Back to Carbajal-Flores:

“[C]arbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” Judge Coleman wrote. “Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants.”

What the article does not supply, nor do I suspect does the trial transcript, is when and how Carbajal-Flores entered the country, and how, or whether he was vetted. Are we certain of his identity? Does he have a criminal record in his country of origin? Is he a gang member? Is he a potential terrorist? Even if Carbajal-Flores is clean as the driven snow, extending Second Amendment rights to every illegal is inevitably going to arm many criminals and terrorists among the ten million or so unvetted illegals now in the country, and the million or so more that will enter before January, 2025. Should Biden win, double those figures and greatly multiply the damages.

The flood of illegals, aided and abetted by Mummified Meat Puppet Administration  officials may be fairly termed an invasion, even as those officials mendaciously declare the border “secure” and “closed.” Are Americans required to extend uniquely American constitutional liberties to invaders, particularly when we don’t know so much as their actual names? Doesn’t the full extension of fundamental liberties to people who have no right to be here reward their law breaking and encourage more?

I suspect this issue will ultimately be decided by the Supreme Court, but until then, a great many people no sane American wants to be armed, will likely be armed, and the deadly consequences of our purposely wide-open borders will continue to mount.