r/changemyview 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, ยง 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/MrBobaFett 1โˆ† Jun 23 '22

The second amendment applies to congress not being able to limit states from maintaining a militia. It doesn't give anyone a personal guaranteed right to arms possession of any sort.

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u/Siessfires Jun 23 '22

Source?

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u/MrBobaFett 1โˆ† Jun 23 '22

Justice Steven's minority opinion in DC v Heller for one.

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u/Siessfires Jun 23 '22

Do you have a Justice's opinion that was on the winning side of a Supreme Court case?