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Perez v US - 2A rights for undocumented immigrants


Euler
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Docket

Petition for certiorari said:

Javier Perez was born in Mexico and came to this country as a child. He then resided here continuously over the next decade and a half, working as a carpenter and siring two children, both U.S. citizens. He has no prior record.

 

In July 2016 Mr. Perez was picnicking with friends when he saw a gang of teens attacking a young rival with bats and machetes. A friend handed Mr. Perez a pistol, which he fired several times into the air to disperse the assailants. They ran, and he returned the gun.

 

The Government charged Mr. Perez with violating 18 U.S.C. § 922(g)(5), barring undocumented immigrants from possessing a firearm in any circumstance.

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First, the Court should take this case to answer a critical question concerning whether undocumented immigrants like Javier Perez are among "the people" protected by the Second Amendment, a question on which the Circuit Courts of Appeals have split. The conflict is long-standing and further delay will not resolve it.

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Edited by Euler
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"Undocumented immigrant" is pretty much the standard PC reference for what was previously known as an "unregistered alien," which is itself PC for "illegal alien."

 

Perez was a minor when he came to the US with his parents. He has since reproduced. I doubt the court will care about either.

 

He freely admits to reckless discharge of a firearm in what was probably an NYC city park. According to NY Penal Law § 265.35, that's a Class A misdemeanor, which is probably why he was only charged with felony possession.

 

I'd be astounded if this case goes anywhere. Meanwhile, it exists.

 

Edited by Euler
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Apparently if you are here legally, on a visa or visiting, you can purchase a firearm. 
This guy possessed a firearm without a NY permit, and discharged the firearm.

Someone is probably trying to create a case that “illegal aliens” can possess a firearm and all constitutional rights apply, trying to create some legal resident status. 
 

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A "friend" handed Mr. Perez a pistol...which he fired into the air...and then returned the gun.

 

Who is this friend that is vigilant enough to be armed yet doesn't want to involve himself, although he does anyway by passing his gun off for someone else to use....

 

I'm pretty sure that if legal FOID Tattooed American citizen Carl Caucasion tosses his snubby across the yard to his neighbor who then chases a delinquent down the sidewalk, popping rounds in the air behind the kid who he caught prying his hubcaps, that we would know the names of both neighbors as well as the three meals the county was serving them each day.

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