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Borders and Bullets: An Analysis of Immigration Policy and Gun Rights

 


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A U.S. District Judge ruled earlier this week that a federal prohibition on illegal immigrants owning firearms is unconstitutional. The ruling stated that there is no historical tradition of firearm regulation that permits the government to deprive a nonviolent noncitizen of exercising the 2A.



This has sparked outrage and a huge debate about the rights associated with the Second Amendment and how this relates to immigration.


I think the controversy surrounding this topic, more particularly coming from so-called Second Amendment supporters and constitutionalists, is unfortunate for the current state of our society, the future of our nation, and with respect to our rights. I wanted to take the time to explain why the judge's decision was, in fact, correct in this trial and why we, as gun owners, need to remain steadfast in upholding the founding documents and philosophies that underpin the fabric of justice.



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Role of the District Court Judge


A district court judge is an officer of the Judiciary branch of government who presides over criminal or civil cases. Their role is to administer justice and ensure that the law is applied fairly and impartially while upholding the Constitution.


In this particular case, it was Judge Coleman's job to determine if imprisoning a noncitizen in possession of a firearm was in alignment with the historical traditions of the Constitution. Based on the defendant's nonviolent criminal record, gainful employment, and other key factors, there was no reason to suggest this person should have been deprived of their means for self-defense.


Coleman cited the landmark Supreme Court decision in New York State Rifle and Pistol Association v. Bruen (2022), which established a new standard to determine whether a law violates the Second Amendment. Bruen was a win for the pro-gun movement and has allowed a multitude of federal and state gun control measures to be challenged in court. This case is just one piece of the puzzle as to what should result in less gun control.


Though the conversation about illegal immigration is a very important one, the job of the judicial branch is to interpret laws and determine their constitutionality. Their roles should never be mistaken for those of the President, Border Patrol, Customs and Border Protection, or the ATF, all of which are part of the Executive Branch of government.


This system of checks and balances ensures no single branch becomes too dominant or tyrannical. Checks and balances help to maintain the rule of law, protect individual rights, and promote accountability and transparency in government. This system must be preserved, even in difficult times, to ensure and maintain the principles of separation of powers and limited government.


Natural Rights


Natural rights are fundamental and inherent rights possessed by all human beings by virtue of their existence. These rights are inalienable, meaning they cannot be taken away, surrendered, given, or granted by the government.


The concept of natural rights dates back to ancient philosophy, with thinkers such as Aristotle and Cicero discussing the idea of "natural law" that governs human behavior and rights. However, the modern understanding of natural rights expanded during the Enlightenment period in the 17th and 18th centuries.


John Locke, an English philosopher, is perhaps one of the most influential figures associated with the development of the concept of natural rights. In his work "Two Treatises of Government" (1689), Locke argued that individuals have inherent rights to life, liberty, and property. According to Locke, these rights are not granted by governments but are instead derived from natural law and are essential for the preservation of human dignity and freedom.


The idea of natural rights profoundly influenced the founding fathers of the United States during the American Revolution and the drafting of the Declaration of Independence and Constitution. Thomas Jefferson, the primary author of the Declaration, notably wrote that "all men are created equal" and are endowed by their Creator with certain unalienable rights, including "life, liberty, and the pursuit of happiness."


The concept of natural rights has played a significant role in the establishment of liberty principles, such as the protection of individual freedoms, equality before the law, and the limitation of government power. Today, natural rights continue to be an essential foundation for human rights, justice, and governance around the world.



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The Constitution


Many constitutional protections, particularly those outlined in the Bill of Rights, apply to "the people" and therefore extend to all individuals within the United States, regardless of citizenship status. These protections include the rights to free speech, freedom of religion, freedom of assembly, and protection against unreasonable searches and seizures, as guaranteed by the First and Fourth Amendments, among others.


In the United States Constitution, the term "the people" is used to refer to all individuals within the jurisdiction of the United States, regardless of their citizenship status. Protections applied to "the people" generally apply to everyone within the country's borders, including citizens, non-citizen residents, and visitors.


On the other hand, "citizens" specifically refers to individuals who hold citizenship in the United States. Some rights and privileges in the Constitution are explicitly granted only to citizens. For example, the right to vote in federal elections is reserved for citizens, as outlined in various amendments such as the Fifteenth Amendment, Nineteenth Amendment, and Twenty-Sixth Amendment.


Conclusion


Ultimately, intellectual inconsistency undermines the very fabric of our nation. We must strive for a principled approach to addressing complex issues like immigration and gun rights, grounded in the values of justice. As gun owners and liberty lovers, we must maintain our standards. In times such as these, it is imperative that we remain unmovable and unshakable in our principles and values.


The United States is one of the last countries to fully recognize our inalienable rights, including the right to self-defense. It is imperative that we do not falter or mistakenly align with the opposition. It is imperative that, as gun owners, we maintain that gun rights are natural rights, never conceding that what's written in the Constitution is the only thing standing in place to ensure our right to self-defense.





1 Comment


FraterMerovius
FraterMerovius
Mar 23

I agree with your natural rights based assessment of the situation. We, as gun owners, should view this as an opportunity. A challenge to the 4473 form, and the associated laws that prohibit the sale of firearms to non (legal) resident aliens should be filed. Back the ATF and the federal gun regulation apparatus into a corner and make them choose. Make their jobs as difficult as possible. Let's take every opportunity to chip away at any bit of federal firearms regulation that presents itself. We have to get creative, too much is at stake.

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