Misguided Enthusiasm

I could have alternately titled this “David vs. Goliath”, with the proviso that even though I represent David in terms of blog size, I will probably lose exchange.  You see, I stumbled across this entry on the juggernaut that is Pajamas Media, and while I appreciate his enthusiasm in recommending that the NRA take action; the entry itself contains a lot of incorrect information.   My concern about that again is that PJ-Media has a lot of exposure, and I don’t want to see misinformation of any type being spread.

The author recommends a gun ban based on the text of the Second Amendment, specifically where it says “the right of the people“.  He goes on to explain in the following excerpt.

By “people” is meant the citizens of these United States and here is the crux of my gun ban:

No person who is not a citizen of the United States or is an agent, or member of an organization that is an agent, of a foreign power or potentate or is reasonably believed to be engaged or about to engage in international terrorist or international narcotics activities, shall have the right to possess, transfer, keep, hold, or train with any form make and model of firearm.

That is a gun ban I think America needs – a ban on illegal immigrants, terrorists or insurgents owning guns.

The problem with that right there is that it is already illegal for illegal immigrants, terrorists, and enemies of the US to own firearms.  One of the questions on the federal form that every gun purchaser has to fill out is “are you an alien illegally in the US”; and if you check “yes”, then it disqualifies you from owning a firearm.  Same goes for known members of terrorist organizations – which is different from the terrorist watch list.  A known member of a criminal organization, whether it’s a narcotics trafficking organization or a street gang is already prohibited by federal law from owning firearms.

This ban would make it unlawful for illegal aliens to own, possess, hold or transfer a firearm. That would mean that the Virginia Tech shooter, Cho Seung-Hui, who massacred 32 students, would not have been legally able to purchase the firearms he used in those killings.

That’s actually just not true.  Like I’ve said, it’s already illegal to for people not in the country legally to own firearms, but it’s a documented fact that the Va Tech shooter had been fully naturalized into the country, making him legal to posses firearms from a naturalization standpoint.  While he should have been disqualified from owning guns due to his mental health background, that issue is being addressed with the current legislation HR 2640.

It would mean that Jose Carranza the illegal immigrant from Peru and two accomplices, who executed the four college students in Newark, N.J., already committed a crime by the mere possession of firearms. They would not have legally been allowed to buy their guns.

They did commit a crime by possessing their guns.  I’m going to keep beating this drum for a while, but it is already illegal for illegal immigrants to posses firearms.  Jose Carranza is a murderous piece of human filth, and had slipped through the cracks in our shoddy immigration system repeatedly.  It was illegal for him to own guns both as an illegal immigrant, as well as a know member of a criminal organization.

The Second Amendment to the Constitution exists to defend Americans and American civilization and our very Constitution against threats foreign and domestic. It should never be construed to allow illegal aliens to be armed to murder our citizens or to arm transnational criminal and terrorist organizations and foreign insurgencies like the Muslim Brotherhood.

It doesn’t.  To assume that terrorists, foreign nationals, and illegal immigrants are somehow allowed to own firearms in the US demonstrates a gross misunderstanding of federal law as related to firearms ownership.

We don’t need the ban suggested by Mr. Myers – because it’s already in place.  All the people that he would like to see barred from purchasing firearms cannot legally purchase firearms.  To place a “ban” on that would only serve to create a completely redundant federal law.

I don’t want terrorists, or illegal immigrants, or known members of criminal organizations to have access to firearms any more than Mr. Myers does.  But I do recognize that since it is already illegal, the solution doesn’t lie in banning something that is already illegal, but rather in aggressive enforcement of our existing immigration laws, as well as our laws against narcotics trafficking, terrorism, etc.

5 thoughts on “Misguided Enthusiasm”

  1. Ahab,

    One nitpick and it is minor: Cho was not naturalized. He was a lawful permanent resident (Green Card holder). So he wasn’t a citizen but “an legal resident alien”. Permanent residents (read: non-citizens) are allowed to own firearms.

    If you aren’t a citizen or a permanent resident, for the most part, you can’t possess a firearm legally in this country.

    However, there is a specific exception for non-resident aliens that do permit them to own and possess certain firearms if and only if they possess a hunting license. If you are a non-resident alien (here on a temporary work visa, for example) and you want to hunt, if you get a hunting license, you are permitted to legally purchase certain classes of firearms (generally limited to hunting rifles) for the purposes of taking game under your license.

    I wasn’t even aware of that exception until it bit me sideways. But since that specific condition is so rare and the individual in question has to seek it out, most people aren’t aware it exists.

    Keep up the great work!

    Matt

  2. Hmm, it appears that I did misspeak. Cho was a resident alien, not a naturalized citizen – however Matt is quite correct in stating that a resident alien (or green card holder) is legally allowed to purchase firearms.

    Additionally, I had been peripherally aware of the exception for non-resident (work visa) aliens to purchase firearms for hunting purposes, but had never had it explained with such clarity, thank you.

  3. Under this guy’s new rule, resident aliens would no longer be permitted to own firearms. That’s really the only thing his proposed law would change.

    I wonder if he is aware that resident aliens are permitted to join the US Military?

  4. That’s how a relative of mine entered the country — by joining the Marines.

  5. My favorite Uncle entered illegally at the age of 7. He served four years in the Army in the Pacific during WWII after which he was granted citizenship. There was never a more fervent American patriot than my Uncle Trini.

    Oh, yeah, he was the one in the family who taught me to shoot.

    The only heartburn I have with immigrants is when they come join us but don’t want to be us.

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