Dominican Living in Puerto Rico Files Appeal for 2nd Amendment Protection – IOTW Report

Dominican Living in Puerto Rico Files Appeal for 2nd Amendment Protection

Courthouse News

The First Circuit Court of Appeals was asked Thursday to consider whether and to what extent immigrants lacking permanent legal status are considered part of “the people” who are constitutionally protected under the Second Amendment’s “right of the people to keep and bear Arms.”

On appeal from the U.S. District Court for the District of Puerto Rico, Moreno Vizcaíno-Peguero, a Dominican migrant living in Puerto Rico, claims the statute of his conviction under the Gun Control Act prohibiting noncitizen immigrants from possessing guns is “a complete and absolute ban on firearm possession without a particularized or individualized determination of dangerousness or untrustworthiness.”

Vizcaíno-Peguero argues his 2023 judgment of conviction for being a noncitizen in possession of a firearm and ammunition under 18 U.S.C. § 922(g)(5) should be overturned because Second Amendment jurisprudence post-New York State Rifle & Pistol Association Inc. v. Bruen requires the government to affirmatively prove that the firearm regulation is consistent with the historical tradition of firearm regulation in the country. More

3 Comments on Dominican Living in Puerto Rico Files Appeal for 2nd Amendment Protection

  1. Hopefully, this is an opportunity to set precedence that illegals have NO rights being they are here illegally, and they don’t have any “habeas corpus” protections since they are invaders and public safety is at risk: “The Privileges of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it.”

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