Illegal alien gang member claiming Second Amendment rights as criminal defense


NEW YORK – An 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, reported Breitbart.

Perez is accused of firing a .380-caliber semiautomatic pistol on a public sidewalk in Brooklyn, New York in July 2016. The purpose was to deter a rival street gang, according to the New York Daily News.

If the man running with gangs who is in the country illegally is convicted of firing the handgun, he would receive a maximum sentence of ten years. Consequently, he would likely be deported from the U.S., as the Immigration and Customs Enforcement (ICE) officials say they will take Perez into custody should he be released.

illegal alien gang member

Nevertheless, Perez and his attorney, Samuel Jacobson, said he has a Second Amendment right to carry a firearm even though he is in the U.S. illegally, telling the Daily News:

“The Framers were clear: If they meant citizens, they would have said citizens. But they didn’t,” his defense lawyer, Samuel Jacobson, argued in Brooklyn federal court. “There is no suggestion that there was a concept of ‘illegal alien’ and no suggestion that if you were from a foreign country, you couldn’t bear arms.”

Brooklyn federal prosecutors are furious the case has been allowed to move forward. They argue that Perez has zero Second Amendment rights because he came to the U.S. illegally.

“Those who don’t have legal status here have an interest in defying law enforcement. They have an interest in not maintaining a stable residence or registering a firearm,” Assistant U.S. Attorney Tanya Hajjar argued in court.

New York City is a sanctuary jurisdiction, where likely hundreds and potentially thousands of criminal illegal aliens are released back into the general public rather than being turned over to ICE for arrest and deportation, according to Breitbart.

Jacobson said he couldn’t find any ruling in New York’s federal appeals courts about the constitutionality of the charge. He noted federal appellate courts across the country are split on whether undocumented immigrants — by dint of not being American citizens — qualify for Second Amendment protection.

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But prosecutors said Perez’s arguments don’t have firepower. AUSA Hajjar said three circuit courts already rejected arguments like the one Perez is using. Another two federal appeals courts said the statute has reasonable public safety goals.

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