Legal duel over 2nd Amendment rights for illegal aliens

Legal duel over 2nd Amendment rights for illegal aliens

An undocumented immigrant fires a gun on a Brooklyn sidewalk to frighten off gang rivals. He gets arrested on a federal charge of being in the U.S. illegally and possessing a gun. But he claims he has a Second Amendment right that voids the charge. Now for the clincher: The man, Javier Perez, just may have a case. Perez, a Mexican national, has filed court papers saying that because the law forbids gun possession “in all places, and for all purposes, it violates that (Second Amendment) individual right on its face.” Brooklyn federal prosecutors blast the argument. First off, they said, Perez doesn’t have a Second Amendment right because he’s here illegally. And even if he did have constitutional cover, prosecutors maintain the law has legitimate aims on “crime control and public safety.” Perez, 28, popped shots into the air during a July 2016 altercation in Sunset Park, authorities have said. They added that the image of the gunman who was caught on a cell phone camera hoisting a .380-caliber semiautomatic pistol looked a lot like him. When he was arrested in April 2017 on unrelated state charges, Perez allegedly admitted he was the shooter on the cell phone video. He allegedly said he borrowed the piece and fired it to scare off some members of a competing gang. A record check with ICE showed Perez was in the country illegally, according to court papers. The offense, being an undocumented immigrant in possession of a weapon, carries a 10-year […]

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