By: Derek Hawkins//August 26, 2015//
Criminal
7th Circuit Court of Appeals
Officials: WOOD, Chief Judge, and FLAUM and EASTERBROOK, Circuit Judges
2nd Amendment – Non Citizen
No. 3271 United States of America v. Mariano A. Meza-Rodriquez
Second amendment does not preclude restrictions the right to bear arms.
“The government counters with two arguments. First, it contends that unauthorized noncitizens categorically have not accepted the basic obligations of membership in U.S. society and thus cannot be considered as part of “the people.” Second, it argues that Meza-Rodriguez’s unsavory traits, including his multiple brushes with the law, failure to file tax returns, and lack of a steady job, demonstrate that he has not sufficiently accepted the obligations of living in American society. We take the latter point first. We do not dispute that Meza-Rodriguez has fallen down on the job of performing as a responsible member of the community. But that is not the point. Many people, citizens and noncitizens alike, raising Fourth Amendment claims are likely to have a criminal record, but we see no hint in Verdugo-Urquidez that this is a relevant consideration. Such a test would require a case-by-case examination of the criminal history of every noncitizen (including a lawful permanent resident) who seeks to rely on her constitutional rights under the First, Second, or Fourth Amendment. Not only would this test be difficult to implement; it would also create the potential for a noncitizen to lose constitutional rights she previously possessed simply because she began to behave in a criminal or immoral way. The Second Amendment is not limited to such on-again, off-again protection. Instead, the only question is whether the alien has developed substantial connections as a resident in this country; Meza-Rodriguez has”
Affirmed
FLAUM concurs