Tuesday, November 8, 2011

CERT WATCH: Do Undocumented Immigrants Have the Right to Bear Arms?

Do undocumented immigrants have the right to bear arms under the Second Amendment of the U.S. Constitution?  Check out this cert petition in Portillo-Munoz v. United States. See Download Cert petition. Here is the question presented in the case:

Whether the Fifth Circuit erred in holding that all illegal aliens fall outside the meaning of “the people” in the Second Amendment, without regard for voluntary presence or substantial connections, despite this Court’s prior determination that the phrase “the people” has the same meaning in the First, Second, and Fourth Amendments, and includes all aliens who are voluntarily present and who have developed substantial connections with this country.

Stay tuned as we wait for the Supreme Court to address a case involving two hot button issues!

KJ

https://lawprofessors.typepad.com/immigration/2011/11/cert-watch-do-undocumented-immigrants-have-the-right-to-bear-arms.html

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