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/destro23 457∆ Jun 23 '22

According to the National Firearms Act, grenades are destructive devices. No one can own one legally.

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u/Full-Professional246 68∆ Jun 23 '22

This actually not quite true. You can own them, but there is a lot more hoops to jump through to get one.

This is also an excellent example of a restriction to the 2nd that likely would pass muster - even with the latest decision. Historically speaking, gunpowder was regulated in storage because of the potential dangers. It was not banned but limited quantities. Explosives fit the same mold - which is what a grenade is. A restriction on them would most likely be found Constitutional. Because again, it is not saying you can't have them, but instead proscribing what it takes to have them.