Note: For AZ, ref: ARS 13-3101.A.7.e.
Interesting side note; This has been on the books now for a few
years. This legislation was strongly opposed by several "D"
legislators who usually rejected any firearms/self defense rights for
Arizonans. One of those, a state senator said in one of the hearings
that all people should be able to defend themselves, even those here
illegally.
Featured Content from WESTLAW
Illegal immigrants have no right to arms - court
12/16/2011 COMMENTS (0)
http://newsandinsight.thomsonreuters.com/Legal/News/2011/12_-
_December/Illegal_immigrants_have_no_right_to_arms_-_court/
Dec 16 (Reuters) - Illegal immigrants do not have a right to bear
arms under the U.S. Constitution, a federal appeals court ruled on
Friday.
The U.S. Court of Appeals for the 8th Circuit, based in Missouri,
rejected an appeal brought by Joaquin Bravo Flores, who was charged
with possessing a firearm. Agreeing with the 5th Circuit, the court
concluded that the protections of the Second Amendment do not extend
to undocumented immigrants.
Executing a search warrant in 2010, police uncovered a semi-automatic
handgun in Bravo Flores' Minneapolis apartment. A grand jury indicted
him for being an alien in possession of a firearm in violation of
federal law. He was sentenced to three years in prison.
Bravo Flores tried to dismiss the indictment, arguing that the
criminal law barring illegal immigrants from possessing guns is
unconstitutional. The U.S. Supreme Court in 2008 recognized an
individual right to possess firearms under the Second Amendment.
Bravo Flores argued that the Second Amendment's guarantee of "the
right of the people to keep and bear arms" also applied to him and
other illegal immigrants.
His lawyer argued in a court filing that Bravo Flores is a member of
"the people," having come to the country as a teenager and now living
with his American citizen partner and their two citizen children.
The Supreme Court has previously ruled that undocumented immigrants
have constitutional rights in criminal cases, including a Sixth
Amendment right to trial and Fourth Amendment protection against
unreasonable searches and seizures.
The 8th Circuit declined to extend the right to bear arms to illegal
immigrants. The appeals court has previously upheld other criminal
laws that prohibit convicted felons and narcotics addicts from
possessing firearms.
Federal defender Andrea George, who represents Bravo Flores, did not
immediately respond to requests for comment.
The U.S. Attorney was not immediately available for comment.
In June, the New Orleans-based 5th Circuit rejected a constitutional
challenge brought by a Mexican citizen arrested in Texas for carrying
a firearm, which he said he used to kill coyotes. The appeals court
quoted language from the Supreme Court's 2008 case District of
Columbia v. Heller, finding that the phrase "the people" referred to
"law-abiding citizens" and "members of the political community."
One judge dissented, finding that the 5th Circuit decision in that
case meant that "millions of similarly situated residents of the
United States are non-persons who have no rights to be free from
unjustified searches of their homes and bodies and other abuses, nor
to peaceably assemble or petition the government."
The 8th Circuit case is U.S. v. Joaquin Bravo Flores, No. 11-1550.
For the government: Michael Dees, formerly with the U.S. Attorney's
Office.
For Bravo Flores: Andrea George of the Federal Public Defender's Office.
(Reporting by Terry Baynes)
ARS 13-3101 Definitions
A. In this chapter, unless the context otherwise requires:
7. "Prohibited possessor" means any person:
(e) Who is an undocumented alien or a nonimmigrant alien traveling
with or without documentation in this state for business or pleasure
or who is studying in this state and who maintains a foreign
residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit
that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate
in a competitive target shooting event or to display firearms at a
sports or hunting trade show that is sponsored by a national, state
or local firearms trade organization devoted to the competitive use
or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign
visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States
attorney general.
No comments:
Post a Comment