Should Undocumented Immigrants in the U.S. Be Allowed to Own a Gun if They Become Citizens?
Undocumented immigrants in the United States can own firearms precisely because non-citizens, including permanent residents and certain non-permanent residents, have the right to possess and own firearms. This right is not restricted based on their immigration status. However, some argue that if these individuals become citizens, they should not be allowed to own guns. This article will explore the reasons behind such arguments and the legal framework that supports or contradicts these views.
Legal Framework for Non-Citizens Owning Firearms
The Second Amendment of the U.S. Constitution protects the right to bear arms. For non-citizens, particularly permanent residents and some non-permanent residents, this right has been upheld in various state-level court cases. Non-citizens have the same rights as citizens in terms of owning firearms, which includes the right to apply for concealed carry permits. For non-permanent residents who are lawfully admitted non-immigrants, owning a firearm requires a state hunting license, an exception that they generally do not take advantage of.
The term 'undocumented aliens' is predominantly used in the media and legal contexts to refer to individuals who are in the U.S. without proper legal status. Even if these individuals somehow manage to become citizens by obtaining legal status or due to a change in immigration policy, their past no longer matters. Once they are citizens, they have all the rights that come with citizenship, including the right to own a gun, without any exceptions.
Reasons for and Against Granting Gun Rights to Undocumented Immigrants Becoming Citizens
Proponents of granting gun rights to undocumented immigrants once they become citizens argue that everyone, regardless of citizenship status, has the inalienable right to self-protection. The 14th Amendment to the U.S. Constitution, which includes the Equal Protection Clause, further supports the argument that all persons within the United States are entitled to equal protection of the law. This means that the government cannot deny any person the right to bear arms simply based on their citizenship status.
Opponents, however, argue that those who have acted maliciously and were caught alive should be considered 'partially dead' in terms of their rights to self-protection. The idea is that once someone has committed a violent act, they should lose their inalienable right to own a firearm. This concept is akin to calling these individuals 'zombies' and reflects the legal justification for stripping individuals of their rights.
Constitutional Implications
The Second Amendment, as part of the Bill of Rights, applies to all persons, not just citizens. According to strict interpretation of the Constitution, the federal government cannot deny this right to non-citizens who are not convicted of specific crimes. This means that once an undocumented immigrant becomes a citizen, they are entitled to the same rights as any other citizen, including the right to own a firearm.
The 14th Amendment's Due Process and Equal Protection Clauses provide further support for this view. The 14th Amendment states that no person shall be denied equal protection under the law. Therefore, if a person becomes a citizen, they should not be denied any rights that citizens have, including the right to bear arms.
In conclusion, the legal framework established by the U.S. Constitution and the amendments provide a clear rationale for why undocumented immigrants should be allowed to own a gun if they become citizens. The right to self-protection is an inalienable right, and equal protection under the law ensures that all persons, regardless of citizenship status, have the same rights as citizens.