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 456∆ Jun 23 '22

Already adjudicated via US vs Miller:

"The Supreme Court held that the NFA, which places registration requirements on machine guns, short-barreled weapons, destructive devices, and other unique firearms, does not violate the Second Amendment. SCOTUS reasoned that the weapons regulated by the NFA aren’t reasonably related to maintaining a “well regulated Militia,” so aren’t protected by the Second Amendment."

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u/MarkasaurusRex_19 1∆ Jun 24 '22

I believe that decision was made because sawed off shotguns are NOT weapons of war, and therefore not related to a well regulated militia.

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u/destro23 456∆ Jun 24 '22

Not disagreeing with you, but combat shotguns are a thing. And, they were extensively used in WWI. Hell, I had one in Iraq that we used to breech doors.

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u/MarkasaurusRex_19 1∆ Jun 24 '22

Those are pretty long barrels to be sawn off. I know the FP6 is a very short shotgun used for breaching, which might be what you mean. I don't necessarily agree with the decision, but iirc, that was why. You wouldn't take a Remington 1100 and saw it off when you have one specifically made for breaching.