Should illegal immigrants be able to buy guns?

[Crumpets]

I feel like this is a pretty equal clash of values for both sides, and I honestly don't know what the law says currently. I have a feeling if it came up for a vote in congress, though, pro-gun sentiment would outweigh anti-illegal immigrant sentiment.

[Mr. Reactionary]

I feel like this is a pretty equal clash of values for both sides, and I honestly don't know what the law says currently. I have a feeling if it came up for a vote in congress, though, pro-gun sentiment would outweigh anti-illegal immigrant sentiment.

Current federal statutory law prohibits non-citizens from buying guns. The 4th, 5th, and 8th Federal circuits say its ok to categorically ban illegal immigrants from ownership. The 7th Federal Circuit says it is not always OK. The key here is what legal standard applies when evaluating 2nd amendment claims; Heller and McDonald declined to set a standard for future cases. If strict scrutiny applies a categorical ban may be invalid; if some lesser standard applies  (somewhere between intermediate scrutiny and exacting scrutiny) a ban is more likely to be upheld. The Federal Circuits are pretty evenly split on which standard applies, so this issue would likely need to be decided by the Court first.

[(Still) muted by Kalwejt until March 31]

Would totally contradict the "well regulated Militia" clause, but so would lots of other gun ownership. I think illegal immigrants should be deported, and there be no special legislation as regards to their purchasing firearms.

[mencken]

I do not think the Second Amendment applied to British soldiers circa 1812. I would apply the same logic to other uninvited foreign nationals.

[dead0man]

excellent question

Seems to me that if you think they should be able to get driver's licenses and health insurance and what not then you pretty much have to think they should be able to own guns.  If you don't think they should have those things then you have to think they should not be allowed to own guns.  But I could be convinced otherwise by a good argument I think.

Personally I'm torn it, leaning to the "no, they can't" side.  There are very good arguments on both sides.

[Torie]

excellent question

Seems to me that if you think they should be able to get driver's licenses and health insurance and what not then you pretty much have to think they should be able to own guns.  If you don't think they should have those things then you have to think they should not be allowed to own guns.  But I could be convinced otherwise by a good argument I think.

Personally I'm torn it, leaning to the "no, they can't" side.  There are very good arguments on both sides.

There are strong policy arguments for illegals having driver's licenses, and certainly health insurance (e.g., infectious disease control), that do not exist when it comes to gun ownership. The best policy argument that I can think of, assuming everybody must register the guns they own (which I strongly favor), is that more guns used in crimes will be traceable than would be the case without gun registration, and that would apply to illegal aliens owning guns as well.

Putting aside their status crime, is there any evidence that illegals are more likely to commit crimes, than those illegally here of similar SES status? I tend to doubt that, but I am curious to know the answer. If not, than that argument would not be as play as much as a policy reason to deny guns to illegals.

[Sprouts Farmers Market ✘]

I feel like this is a pretty equal clash of values for both sides

It's not a clash in Republican values unless said illegal immigrant is white (in which case, they probably don't care anyway)

[dead0man]

excellent question

Seems to me that if you think they should be able to get driver's licenses and health insurance and what not then you pretty much have to think they should be able to own guns.  If you don't think they should have those things then you have to think they should not be allowed to own guns.  But I could be convinced otherwise by a good argument I think.

Personally I'm torn it, leaning to the "no, they can't" side.  There are very good arguments on both sides.

There are strong policy arguments for illegals having driver's licenses, and certainly health insurance (e.g., infectious disease control), that do not exist when it comes to gun ownership. The best policy argument that I can think of, assuming everybody must register the guns they own (which I strongly favor), is that more guns used in crimes will be traceable than would be the case without gun registration, and that would apply to illegal aliens owning guns as well.

Yeah, I guess I didn't think it through enough.  These are good arguments.

I now lean towards yes, they should be able to own/register guns.....but...ahhhh....it's....this one is tough for me.  My entire view of immigration has been evolving, slowly, for a long time and I suspect still has some ways to go.


Even if it is legal, I'd suspect a lot of illegals wouldn't do it for the same reason a lot of paranoid conservatives don't...they don't want to put themselves in "the system".