Maybe I'm experiencing a "lack of comprehension" so let's walk through this. Concept was: criminals should not have guns=>illegal immigrants should not have guns because they are criminals by nature. You said that changing the group of people doesn't change the concept. So if we take illegal immigrants out of the picture, the concept you have a problem with is any kind of gun ownership restriction? Your previous statement contradicts that.Did I misunderstand something?
No, the concept was that the Constitution states all people have inalienable rights, therefore illegal immigrants, are afforded the same basic rights as everyone else. The question then becomes at what line do you start to differentiate between which inalienable rights are afforded one group versus another. Some of those rights, like being free from cruel and unusual punishment (#8), are easily applied to all groups, including illegal aliens. What about due process (#5), or a speedy trial (#6), are these inalienable rights afforded to illegal immigrants? If any of these inalienable rights do appy to illegal aliens, why, and how do you determine what groups get the benefit of which inalienable rights? And, IMHO, any such conditioning of said inalienable right cannot be automatically conditioned on being "illegal" per se....otherwise, it would open the door to having our rights further erroded when similar reasoning is applied to your rights....after all, shoplifting is illegal. So, by the above logic, anyone who has been convicted of shoplifting is a criminal and therefore ineligible to exercise their Second Amendment rights. And, just so we're clear, the crime of ilegal entry is a misdemeanor, just like shoplifting. Maybe you favor more laws like the Lutenberg Amendment that permanently bans anyone convicted of a misdemeanor crime of domestic violence, which has been used to successfully prosecute a range of behaviors from poking a spouse in the chest with a finger (without any subsequent evidence of injury) to throwing a set of car keys (not in an effort to hit the recipient with them), from ever owning a gun again?
My musing about whether an illegal alien could be prosecuted for having a gun while in the commission of a crime (illegal entry) was just that. A thought on how a prosecutor might try to use existing law to press a case where those circumstances existed. I didn't say I agreed or disagreed with it.
And I do have some concerns on how gun restrictions are applied. Particularily the prohibitions on felons owning guns. The concept of extending Constitutional prohibitions outside of legally mandated confinement or supervision, is, again IMHO, flawed. It has always been understood that once you did your time, you had paid your debt to society and your rights were restored. Besides, there are so many Federal laws on the books that it is incredibley easy to unknowingly commit a felony and not even know it. If you pick up a feather while walking in the woods and put it in your pocket, and that feather is from a protected species, you are now guily of commiting a felony. Clear an obstructed drainage ditch, and you're messin' with land that "has the appearance of wetlands, which is a felony.
http://tv.naturalnews.com/v.asp?v=783B7C44AA93208D325B26FBB54FE025Who da hell said anything about sexual preferences, religious beliefs, and/or choices of clothing? Specifically referring to the topic of this thread, illegal aliens lack morals in the sense that they blatantly disregard laws in order to get what they want. There are legal methods of entry into this country yet they choose the illegal route, it is a choice they make and speaks to their set of moral characteristics.
You are the one that suggested moral character as the measure to use for gun ownership. I simply asked who gets to determine what morals are acceptable and unacceptable. Some on the far right suggest homosexuality is immoral. Do they get to choose? If so, I guess gays don't get guns 'cause they're they don't have the right moral character. Some religions use illegal drugs (American Indians, for example...) so are therefore effectively immoral for breaking the law. Are their moral shortcomings enough to bar them from owning guns? Others think running around naked is immoral. So nudist are now prohibitted from owning guns? So, the question remains, and you have not yet answered it. Instead you ask "...Who da hell said anything about sexual preferences, religious beliefs, and/or choices of clothing?" All topics clearly pointing toward various moral viewpoints, the basis you claim is sufficient to deprive individuals of inalienable rights.....so, again, who gets to choose which moral standards to apply?