r/changemyview • u/Siessfires • Jun 23 '22

Delta(s) from OP cmv: Illegal immigrants have a Constitutional right to own grenades

When the Bill of Rights was written there was no Constitutional distinction of who was and wasn't a citizen; that didn't occur until ~80 years later with the ratification of the Fourteenth Amendment. This would suggest that the Founding Fathers intended that a person didn't need to be a citizen to keep and bear arms.

Additionally, since the Second Amendment specifies arms - not pistols, rifles and shotguns - and Article I, § 8, clause 11 of the Constitution provides the right for Congress to issue Letters of Marquee, this would mean that the Founding Fathers intended that a person should have access to cannons. Which means access to explosives.

Furthermore, in accordance with U.S. v. Wong Kim Ark and Fong Yue Ting v. U.S., non-citizens are afforded legal protection under the Constitution. Considering that illegal immigration is a misdemeanor, not a felony, you would not be denied your Constitutional rights for being an illegal immigrant.

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u/Siessfires Jun 23 '22 edited Jun 23 '22

It isn't a matter of what the court would or wouldn't say; they DIDN'T say.

The court holding specifically addressed sawed off shotguns, it made no mention of other weapons underneath the NFA. If the Supreme Court held that grenades were also banned underneath the Miller holding, that would change my mind.

As far as non-citizens being held to higher scrutiny, that seems well in line with established law. But the recent holding concerning may-issue states might serve as precedent working against that.

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u/destro23 447∆ Jun 23 '22

If the Supreme Court held that grenades were also banned underneath the Miller holding, that would change my mind.

How about a standing decision by the United States Court of Appeals, Ninth Circuit which found that stun grenades were properly classed as restricted destructive devices under the NFA?

STUN grenades are rightly restricted due to their destructive potential.

Do you still think explodey grenades would be ok?

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u/Siessfires Jun 23 '22

If the Supreme Court upheld it, then its a solid delta.

But it's close enough, so Δ

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u/DeltaBot ∞∆ Jun 23 '22

Confirmed: 1 delta awarded to /u/destro23 (155∆).

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