Friday, July 15, 2011
Illegal alien not part of Second Amendment "people."
The Fifth Circuit (Texas, La., Miss) held that illegal aliens are not entitled to Second Amendment protection. The dissent raises some troubling issues, but, on first impression I agree with the majority as far as the Second Amendment goes. Although I haven't thought it out much, it seems to me that the definition of "people" must be read in the specific context of the specific right. On the other hand, one can argue that the natural law right, from which the Second Amendment springs, extends to all persons, in the U.S., citizens or not. I hope this case gets to the U.S. Supreme Court.
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This Portillo not only violated federal immigration law, but he was also spotted carrying an exposed handgun in his waistband. That supposedly generated the call to law enforcement. Potillo freely admitted the weapon was his when found by police in the recreational vehicle he was driving. Texans are required to have a license to carry. If they're not licensed, they've violated state statute. Portillo is not being treated any differently or worse than a legal resident of the state.
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