THE RIGHT OF NON-CITIZENS TO BEAR ARMS: UNDERSTANDING 'THE PEOPLE' OF THE SECOND AMENDMENT
In: Indiana Law Review, Jg. 50 (2017), S. 943
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Zugriff:
INTRODUCTION On July 1, 2015, thirty-one-year-old Kate Steinle was walking on a pier in San Francisco with her father when she was struck with a bullet. 1 Juan Francisco Lopez-Sanchez, an undocumented immigrant and a repeat felon who had been deported five times, was accused of firing the fatal shot. 2 This seemingly random killing sparked debate over the controversial topic of immigration, given Lopez-Sanchez's immigration status and deportation history. 3 This story, however, also captures another issue: the rights of non-citizens to possess firearms. Although the Second Amendment provides that "[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and Bear Arms, shall not be infringed," 4 the right to bear arms is not without its limits. 5 Congress, through 18 U.S.C. � 922(g)(5), has limited this right. Section 922(g)(5) provides that it is unlawful for any person . . . who, being an alien--is illegally or unlawfully in the United States; or . . . has been admitted to the United States under a nonimmigrant visa . . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. 6 The constitutionality of this statute depends on whether non-citizens are part of "the people" upon whom the Second Amendment confers a right to bear arms ...
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THE RIGHT OF NON-CITIZENS TO BEAR ARMS: UNDERSTANDING 'THE PEOPLE' OF THE SECOND AMENDMENT
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Autor/in / Beteiligte Person: | FARRIS, JUSTINE |
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Zeitschrift: | Indiana Law Review, Jg. 50 (2017), S. 943 |
Veröffentlichung: | 2017 |
Medientyp: | academicJournal |
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