Illegal alien claims self defense and 2nd Amendment protection for firing gun

BreitbartAn illegal alien gang member accused of firing a gun on a public sidewalk in the sanctuary city of New York is now claiming that he has Second Amendment rights just like every United States citizen.

Javier Perez, a 28-year-old illegal alien from Mexico, is claiming that he has Second Amendment rights under the U.S. Constitution and therefore is being unfairly charged with possession of a gun.

In July 2016, Perez allegedly fired a .380-caliber semiautomatic pistol on a public sidewalk in Brooklyn, New York to fight off a rival street gang, according to the New York Daily News.

What to make of this one? His argument is flawed in a number of places:

1) Even citizens are barred from firearms ownership if they are criminals or "gang members" (where the "gang" is a criminal enterprise)

2) Firing a gun is going to be subjected to some significant additional scrutiny; it's not just "keeping and bearing", he used deadly force.

I suspect the outcome on this one will rest mostly on whether his self-defense claim has any real merit. If it does, a sanctuary city will probably not want to push the illegal alien part. But on the other hand, if it doesn't, the feds might.

This entry was published Mon Aug 06 10:30:25 CDT 2018 by TriggerFinger and last updated 2018-08-03 12:37:58.0. [Tweet]

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